I really appreciate these discussions. It'll serve.
Warmest greetings !
Yours,
-Olevie-
2013/7/7 Rolf Weber <[log in to unmask]>
> I fully share Wolfgang's approach
> Rolf
>
> -----NCSG-Discuss <[log in to unmask]> schrieb: -----
> An: [log in to unmask]
> Von: "Kleinwächter, Wolfgang" **
> Gesendet von: NCSG-Discuss **
> Datum: 07.07.2013 10:18
> Betreff: [NCSG-Discuss] AW: [NCSG-Discuss] Article 29 Working Group says
> EU Registrars exempt from data retention in new RAA
>
>
> Hi Marie-Laure,
>
> it was not "he" it was "she", it was Linda´s first GAC meeting in Toronto.
> And the statement was not a statement to the ICANN Board, it was the reply
> to a rather tricky question by Suzan from the US DOC in an open GAC meeting
> with the Board. It was not an official statement by the European
> Commission. And fact is, that the Article 29 WG letter wass based on the
> existing European legislation. With other words, The letter represented not
> "just on opinion by an advisory group" but it reflected binding legislation
> in the EU member states (wich is relevant for registrars, ISPs, ccTLD
> registires and other units which operate within the EU or offer services to
> citizens with an EU passprt).
>
> Yes, you are right, at the end we could see the emergence of a mixed
> system which invites registrants and Internet users to go to the ISP,
> Registrars, Search Engine etc. which meets best his/her expectations. This
> was one reason why US based Registrars opposed it rather strongly. They
> feared that Euripean registrars will get a competetive advantage.
>
> What I see in the future (also taking into account the follow up of the
> PRISM/FISA discussion) is that privacy becomes a new business feature which
> will have certainly consequences for competition. In the 1980s, ecology and
> economy were seen as contradictons. Ecology is too expensive and untermines
> the economy, was the position of many companies and governments. Today
> ecology is seen as a business opportunity. We could have a similar
> development in the discussion around privacy. Privacy could become a
> business opportunity. Thatswhy it is important that ICANN offers some
> flexibility in the new RA & RAAs not to block future developments.
>
> best
>
> wolfgang
>
> ________________________________
>
> Von: NCSG-Discuss im Auftrag von marie-laure Lemineur
> Gesendet: So 07.07.2013 05:18
> An: [log in to unmask]
> Betreff: Re: [NCSG-Discuss] Article 29 Working Group says EU Registrars
> exempt from data retention in new RAA
>
>
> Hello,
>
> The EU´s GAC rep stated to the ICANN Board that Article 29 WP is only a
> independent advisory body ! Referring to the letter, he said "this is not a
> EU position as such but the position of an Advisory Committee"...true but
> still, considering that this particular advisory body gathers
> representatives of the European Commission, of the EU Data Protection
> Supervisor, and of all national Data Protection Authorities in Europe, they
> represent the authoritative expert voices of the EU on the
> subject....surely their statement should have some value and should weight
> in the debate....
>
> In addition to the letter of Article 29 WP, the independent Advocate
> General of the European Court of Justice recently (25 June 2013) issued a
> legal opinion (not binding on the EU Court of Justice) that the EU Data
> Protection Directive applies to search engines that contain data of EU
> citizens even if the servers are located physically outside the EU.
>
> If we read this opinion bearing in mind the latest letter from Article 29
> Working Party to ICANN CEO, it looks like at some point we might end up
> with a system where there will be a two- tier RAA when it comes to
> registrars' contractual obligations related to data retention of
> individual registrants.
>
>
> Best,
>
> Marie-laure
>
>
> On Fri, Jul 5, 2013 at 12:07 AM, Rafik Dammak <[log in to unmask]>
> wrote:
>
>
> Hi Dave,
>
> indeed and maybe worthy to reach the European Commission GAC
> representatives and ask them what they think now.
>
> Best,
>
> Rafik
>
>
> 2013/7/5 David Cake <[log in to unmask]>
>
>
>
> http://www.internetnews.me/2013/07/04/article-29-working-party-to-icann-eu-registrars-exempt-from-data-retention-requirements/
>
> The totally predictable outcome of the over reach on data retention and
> validation etc in the new RAA is that EU registrars will end up being
> exempt due to the requirements being unlawful.
> Which is pretty much what everyone has been telling ICANN since this
> started, and renders the entire process fairly ridiculous.
>
> Cheers
>
> David
> ****
>
--
Olévié (Olivier) A. A. KOUAMI
Consultant et Formateur, Spécialiste en TIC
Directeur Exécutif de INTIC4DEV (http://www.intic4dev.org et
http://www.intic4dev.com)
Secrétaire Général de ESTETIC (http://www.estetic.tg)
Program Committee Co-Vice Chair ICANN-NPOC EC (http://www.npoc.org/)
Boîte Postale 851
Tél.: (228) 23 20 65 01 Mob1.: (228) 90 98 86 50 Mob2.: (228) 97 18 36 09
Skype : olevie1 Facebook : @olivier.kouami.3 Twitter : #oleviek
Lomé – Togo
|
