ICANN Thumbs Its Nose at National Data Protection Authorities - Refuses to Comply with Privacy Laws Protecting Citizens

[Brian Drolet]

Well, I' afraid policy wonking won't solve these problems. There has been an inexorable move for ICANN to do just what they are doing. What else might one expect from an agency of the U.S. As Obama and the NSA have asserted - it's for your own protection, and and shopping ease. 

Sorry for the sarcasm, but I've been watching this battle on the list for several years and while there may be more nuances than I'm allowing for here, the rules of engagement seem quite clear.

Brian
Brian Drolet
Director
Deep Dish TV

On Jul 15, 2013, at 5:03 PM, Marc Rotenberg <rotenberg at EPIC.ORG> wrote:

> We can take a look.
> 
> I am just struck, having worked on the WHOIS issue for 10+ years and knowing the ongoing
> involvement of the Article 29 working group in this key privacy concern, how absurd it is for
> ICANN *at this moment* to be ignoring the EU privacy laws.
> 
> In fact ISOC recently put out a good statement that seems relevant:
> 
>  http://www.internetsociety.org/news/internet-society-statement-importance-open-global-dialogue-regarding-online-privacy
> 
>> We are deeply concerned that the unwarranted collection, storage and potential correlation of user data will undermine many of the key principles and relationships of trust upon which the global Internet has been built. The impact of this action is not limited to U.S. users or companies, but has implications for Internet users around the globe.
> 
> 
> Regards,
> 
> Marc.
> 
> On Jul 15, 2013, at 2:57 PM, Milton L Mueller wrote:
> 
>> Is there any way that EPIC or other privacy organizations with litigation experience can advise us on or European colleagues on how to sue ICANN to show that it does have legal effect?
>>  
>> From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Marc Rotenberg
>> Sent: Monday, July 15, 2013 1:12 PM
>> To: NCSG-DISCUSS at LISTSERV.SYR.EDU
>> Subject: Re: [NCSG-Discuss] ICANN Thumbs Its Nose at National Data Protection Authorities - Refuses to Comply with Privacy Laws Protecting Citizens
>>  
>> Yes. Agreed.
>>  
>> Regards to all.
>>  
>> Marc Rotenberg.
>>  
>> On Jul 15, 2013, at 11:08 AM, Robin Gross wrote:
>> 
>> 
>> Wow.  I was wondering how ICANN would try to circumvent the data protection authorities of Europe, but it really takes some brass for this private corporation (ICANN) to claim Article 29WP lacks the competent legal authority to interpret their own laws (and protect the rights of their citizens).  ICANN's continued flouting of the privacy laws in many parts of the world is particularly troubling thesedays.... 
>>  
>> http://domainincite.com/13724-icann-says-article-29-letter-does-not-give-eu-registrars-privacy-opt-out
>>  
>> ICANN says Article 29 letter does not give EU registrars privacy opt-out
>> Kevin Murphy, July 15, 2013, 09:24:30 (UTC), Domain Policy
>> Registrars based in the European Union won’t immediately be able to opt out of “illegal” data retention provisions in the new 2013 Registrar Accreditation Agreement, according to ICANN.
>> ICANN VP Cyrus Namazi on Saturday told the Governmental Advisory Committee that a recent letter from the Article 29 Working Party, which comprises the data protection authorities of EU member states, is “not a legal authority”.
>> 
>> Article 29 told ICANN last month that the RAA’s provisions requiring registrars to hold registrant data for two years after the domain expires were “illegal”.
>> While the RAA allows registrars to opt out of clauses that would be illegal for them to comply with, they can only do so with the confirmation of an adequate legal opinion.
>> 
>> The Article 29 letter was designed to give EU registrars that legal opinion across the board.
>> 
>> But according to Namazi, the letter does not meet the test. In response to a question from the Netherlands, he told the GAC:
>> 
>> We accept it from being an authority, but it’s not a legal authority, is our interpretation of it. That it actually has not been adopted into legislation by the EU. When and if it becomes adopted then of course there are certain steps to ensure that our contracted parties are in line with — in compliance with it. But we look at them as an authority but not a legal authority at this stage.
>> 
>> It seems that when the privacy watchdogs of the entire European Union tell ICANN that it is in violation of EU privacy law, that’s not taken as an indication that it is in fact in violation of EU privacy law.
>> 
>> The European Commission representative on the GAC expressed concern about this development during Saturday’s session, which took place at ICANN 47 in Durban, South Africa.
>> 
> 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncsg.is/pipermail/ncsg-discuss/attachments/20130715/1ecd5545/attachment.htm>