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From:
avri doria <[log in to unmask]>
Reply To:
avri doria <[log in to unmask]>
Date:
Wed, 17 Jan 2018 00:42:01 -0500
Content-Type:
text/plain
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text/plain (384 lines)
Hi,

The components from the MOU were put into the bylaws as 4.6 (e)
Registration Directory Service Review.

avri


On 16-Jan-18 17:07, John Carr wrote:
>
> In other words there was never a genuine intention to honour it. It
> was insincerely signed simply to get ICANN out of the clutches of the
> Federal Government?
>
>  
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for
> Windows 10
>
>  
>
> ------------------------------------------------------------------------
> *From:* Mueller, Milton L <[log in to unmask]>
> *Sent:* Tuesday, January 16, 2018 7:13:35 PM
> *To:* John Carr; [log in to unmask]
> *Subject:* RE: Data Protection and Privacy Update: Seeking Community
> Feedback on Proposed Compliance Models
>  
>
> The Affirmation of Commitments is an artifact of an ICANN subject to
> unilateral control by the US government. The Whois commitment in it
> reflects political pressure placed on the Commerce Department by
> US-based trademark and law enforcement interests. Post-transition, the
> Affirmation has no meaning or consequence other than what was agreed
> in the accountability reforms of 2016.
>
>  
>
> --MM
>
>  
>
> *From:*John Carr [mailto:[log in to unmask]]
> *Sent:* Monday, January 15, 2018 2:03 PM
> *To:* Mueller, Milton L <[log in to unmask]>; [log in to unmask]
> *Subject:* RE: Data Protection and Privacy Update: Seeking Community
> Feedback on Proposed Compliance Models
>
>  
>
> In the “Affirmation of Commitments”” didn’t ICANN promise to maintain
> WHOIS as an accurate and public data base? Shouldn’t the objective be
> to stay as close to that as possible in every national jurisdiction
> where that is legally allowed?
>
>  
>
> Or has ICANN decided that the promise it made in the Affirmation
> should now be formally abandoned or changed?
>
>  
>
> *From:*NCSG-Discuss [mailto:[log in to unmask]] *On Behalf
> Of *Mueller, Milton L
> *Sent:* 15 January 2018 16:24
> *To:* [log in to unmask] <mailto:[log in to unmask]>
> *Subject:* Re: Data Protection and Privacy Update: Seeking Community
> Feedback on Proposed Compliance Models
>
>  
>
>  
>
> I do not think we want to maximize the ability of registrars to
> conform to national law. ICANN was created specifically to be a global
> governance agency so that DNS would be globally compatible and the
> market for DNS services would be globally open and competitive.
> Encouraging variations in practices across jurisdictions moves us away
> from that goal.
>
>  
>
> The simple solution to this dilemma is for Whois to conform narrowly
> to ICANN’s legitimate purpose in collecting the data and thus
> _/minimize/_ the data that it collects and makes publicly available.
> Thus, while I agree ICANN not should press for higher national privacy
> standards, I do agree with Ayden that if it minimizes what it collects
> and makes available it flies above the problem of jurisdictional
> variation. If specific jurisdictions want to regulate local registrars
> to force them to collect and/or disseminate more, that is
> (unfortunately) something they will have to deal with, but ICANN
> should make its global whois requirements well above the threshold
> that would violate the privacy laws of any country.
>
>  
>
> In this respect ICANN is not the standard setter for all worldwide
> privacy, but it is, and is supposed to be, the global standard setter
> for DNS policy.
>
>  
>
> Dr. Milton Mueller
>
> Professor, School of Public Policy
>
> Georgia Institute of Technology
>
>  
>
> IGP_logo_gold block_email sig
> <https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.internetgovernance.org%2F&data=02%7C01%7C%7C3dd1a12959b643f67bc008d55c34a8b6%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636516303589985847&sdata=XX34ciGttsvyAXPD99%2F%2FC1jwcDyKMTh6mYtFW%2BmnryA%3D&reserved=0>
>
>  
>
>  
>
>  
>
> *From:*NCSG-Discuss [mailto:[log in to unmask]] *On Behalf
> Of *Paul Rosenzweig
> *Sent:* Monday, January 15, 2018 9:35 AM
> *To:* [log in to unmask] <mailto:[log in to unmask]>
> *Subject:* Re: Data Protection and Privacy Update: Seeking Community
> Feedback on Proposed Compliance Models
>
>  
>
> I tend to agree with Sam on this … the GDPR is a good standard, but it
> is not a universal standard.  And just as we don’t want ICANN to be in
> the business of content regulation we don’t want it to be the standard
> setter for world wide privacy.  Our goal should be to identify the
> minimum contractually necessary and then allow divergence across the
> globe.  The more difficult question is what, precisely, that minimum is …
>
>  
>
> P
>
>  
>
> Paul Rosenzweig
>
> [log in to unmask]
> <mailto:[log in to unmask]>
>
> O: +1 (202) 547-0660
>
> M: +1 (202) 329-9650
>
> VOIP: +1 (202) 738-1739
>
> www.redbranchconsulting.com
> <https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.redbranchconsulting.com%2F&data=02%7C01%7C%7C3dd1a12959b643f67bc008d55c34a8b6%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636516303589985847&sdata=JmGak3hCCgog8E4O2e4aI7SQO%2FvbTITL19dKUYfcrjg%3D&reserved=0>
>
> My PGP Key:
> https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684
> <https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fkeys.mailvelope.com%2Fpks%2Flookup%3Fop%3Dget%26search%3D0x9A830097CA066684&data=02%7C01%7C%7C3dd1a12959b643f67bc008d55c34a8b6%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636516303589985847&sdata=wWQcZO1MhOrDHAlX7uGqja0xhyYqjGzt00yxcVcXIRk%3D&reserved=0>
>
>  
>
> *From:*NCSG-Discuss [mailto:[log in to unmask]] *On Behalf
> Of *Sam Lanfranco
> *Sent:* Sunday, January 14, 2018 10:59 AM
> *To:* [log in to unmask] <mailto:[log in to unmask]>
> *Subject:* Re: Data Protection and Privacy Update: Seeking Community
> Feedback on Proposed Compliance Models
>
>  
>
> Colleagues,
>
> I may have an overly simplistic view of the issue here, but I would
> like to put it on the table. ICANN has a narrow remit within the
> growing area of global, regional (e.g. EU), and national Internet
> governance. It exercises that remit through a serious of contracts
> with entities (registrars and registries) that operate under diverse
> national Internet governance jurisdictions.
>
> With differing specific data protection language in diverse contexts,
> it is highly unlikely that ICANN can draft “higher standard” contract
> language that will satisfy the data privacy regulations of all, most,
> or even many, national data privacy regimes. So, what is the path
> forward here?
>
> There seem to be two components of a path forward. First, ICANN must
> figure out how it exercises ICANN agency as a stakeholder in the
> various legislative policy venues in which data privacy and other
> Internet governance policy is debated and where regulations are
> formed. Some ICANN stakeholders already “have skin in those games” and
> are already present in those policy debates. ICANN writes contract
> language and needs to be engaged as a stakeholder.
>
> Second, in contrast to seeking “higher standard” contract language,
> ICANN may need to look for “minimum conditions” contract language that
> offers contracted parties maximum freedom to negotiate with and meet
> the conditions of national Internet governance policies. At the same
> time ICANN can use its agency as a stakeholder to press for “higher
> standard” national policies that harmonize regulations, and facilitate
> the work and interests of various stakeholders in the Internet ecosystem.
>
> In short, the path forward may be (a) more ICANN agency as a
> stakeholder, and (b) minimal contract language to maximize the ability
> of contracted parties to deal with national policies and regulations.
>
> Sam L.
>
>  
>
> On 1/14/2018 10:02 AM, Ayden Férdeline wrote:
>
>     Hi Caleb,
>
>      
>
>     While I appreciate that not all countries have data protection
>     laws, privacy remains a fundamental human right. My suggestion is
>     thus that we should adopt the highest level of protection for all
>     domain name registrants. And I suspect it is a lot easier to
>     implement one model, rather than fragmented models for different
>     jurisdictions.
>
>      
>
>     Please also remember that ICANN sets policy by contract; i.e.
>     registries, registrars, and registrants agree by contract to
>     follow the rules and policies created by ICANN, and these policies
>     can be revised and deleted. So while ICANN must of course comply
>     with the law, it can adopt and impose a higher standard on the
>     contracted parties.
>
>      
>
>     Many thanks,
>
>      
>
>     Ayden
>
>      
>
>      
>
>      
>
>         -------- Original Message --------
>
>         Subject: Re: Data Protection and Privacy Update: Seeking
>         Community Feedback on Proposed Compliance Models
>
>         Local Time: 14 January 2018 3:56 PM
>
>         UTC Time: 14 January 2018 14:56
>
>         From: [log in to unmask] <mailto:[log in to unmask]>
>
>         To: [log in to unmask]
>         <mailto:[log in to unmask]>
>
>          
>
>         Hello Badii and Ayden,
>
>          
>
>         For me, i think the Model 2A serves the purposes. Don't forget
>         that not all countries have data protection laws or policy in
>         place.
>
>         Hence, based on jurisdiction, they cannot be governed by laws
>         that is peculiar to a certain continent or sovereign state. 
>
>          
>
>         Caleb Ogundele
>
>          
>
>         On Sun, Jan 14, 2018 at 3:36 PM, Ayden Férdeline
>         <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>             I could live with the second model.
>
>              
>
>             The key differentiation between Model 2A and 2B is its
>             applicability: 2A applies only "where the registrant,
>             registry, registrar or a processor are located in the
>             European Economic Area"; 2B "applies to all registrations
>             on a global basis without regard to location of registry,
>             registrar registrant, and processing activities"
>
>              
>
>             On this basis I think Model 2B is the best path forward.
>             To have fragmented approaches for different regions would
>             be a mistake, in my opinion.
>
>              
>
>             Given the short turnaround time here (we need to agree on
>             a position and submit a comment by 29 January) and other
>             obstacles between now and then (Intersessional, GNSO
>             Council Strategic Planning Session), may I suggest that we
>             schedule a call next week to discuss our response?
>
>              
>
>             Best wishes, Ayden
>
>              
>
>              
>
>                 -------- Original Message --------
>
>                 Subject: Data Protection and Privacy Update: Seeking
>                 Community Feedback on Proposed Compliance Models
>
>                 Local Time: 13 January 2018 7:40 PM
>
>                 UTC Time: 13 January 2018 18:40
>
>                 From: [log in to unmask]
>                 <mailto:[log in to unmask]>
>
>                 To: [log in to unmask]
>                 <mailto:[log in to unmask]>
>
>                  
>
>                 Please see the CEO blog on Data protection and privacy:
>
>                  
>
>                 https://www.icann.org/news/blog/data-protection-and-privacy-update-seeking-community-feedback-on-proposed-compliance-models
>                 <https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.icann.org%2Fnews%2Fblog%2Fdata-protection-and-privacy-update-seeking-community-feedback-on-proposed-compliance-models&data=02%7C01%7C%7C3dd1a12959b643f67bc008d55c34a8b6%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636516303589985847&sdata=7h8a35c%2B3XtTan6p9CktIk29I609aKLp5e1%2B8OGNlCk%3D&reserved=0>
>
>                  
>
>                 We should understand these models, discuss them and
>                 provide feedback. 
>
>                  
>
>                 Best
>
>                 Farzaneh
>
>              
>
>          
>
>          
>
>          
>
>         -- 
>
>         *Ogundele Olumuyiwa Caleb*
>
>         *[log in to unmask] <mailto:[log in to unmask]>/*
>
>         */234 - 8077377378/*
>
>         */234 - 07030777969/*
>
>      
>
>  
>
> -- 
> ------------------------------------------------
> "It is a disgrace to be rich and honoured
> in an unjust state" -Confucius
>  邦有道,贫且贱焉,耻也。邦无道,富且贵焉,耻也
> ------------------------------------------------
> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
> email: [log in to unmask] <mailto:[log in to unmask]>   Skype: slanfranco
> blog:  https://samlanfranco.blogspot.com
> <https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsamlanfranco.blogspot.com&data=02%7C01%7C%7C3dd1a12959b643f67bc008d55c34a8b6%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636516303590142118&sdata=7qh0w0BkhwzoXXxrV3pFEGtGVsfYKzmIoU0UEMyyFKc%3D&reserved=0>
> Phone: +1 613-476-0429 cell: +1 416-816-2852

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