[Info] German Court Rules on ICANN Request to Preserve WHOIS Data

[Mueller, Milton L]

Guiseppe:

The only problem I see here is about culture. USA vs EU cultural gap. To any EU person, Whois has always been borderline illegal, but we didn't have any law like the GDPR yet. Therefore, we had to keep it to ourselves. Meanwhile, Americans made a lot of money by monetising the Right to Privacy offering Whois protection as a domain add-on. It's just as shameful as monetising public water.

This “cultural” explanation is incorrect. American privacy advocates and public interest groups (such as IGP or EPIC) were leading the opposition to Whois, while European law enforcement agencies (LEAs) and GAC members were (and to some extent still are) defending it.

The real explanation relies on the economic interests of particular users of the data. Trademark and brand protection agencies around the world (not just America) found open Whois very convenient, as did LEAs. Security firms were getting free access to and monetizing the data.

A “cultural” explanation of this divide tends to be divisive as it’s based on identity politics rather than reason or fact.

Dr. Milton L Mueller
Professor School of Public Policy
Georgia Institute of Technology
[igp email logo]<http://internetgovernance.org/>



Now we have the GDPR coming into force after two years grace period (I define those "2 years of denial"), and everybody tries to find a loophole in the GDPR to get away with DP violations. Well, let me break this to you guys: there aren't any loopholes, just accept this fact and move on. Google Spain ruling (http://bit.ly/GoogleSpainRuling) should have clarified that in the EU we have a different approach to DP. If Google got kicked before the GDPR, do you think that now is the time to look for loopholes? Please...

Best regards,
Pino



On 31 May 2018 at 08:23, valentina hvale pellizzer <valentina at oneworldplatform.net<mailto:valentina at oneworldplatform.net>> wrote:

Well

I know will sound foolish but why would be staff accountability off the table? than what is the sense of all these committee, consultations, working groups, big transitions, big policies.

Find it very depressing and exploitive

hvale

On 05/31/2018 09:13 AM, Ayden Férdeline wrote:
It was a very strange legal strategy that ICANN employed. Now that it has failed, I wonder what action ICANN org will take next -- I presume staff accountability for mishandling the issue, and putting forward such questionable advice, is off the table, but what's plan D? What will finally give ICANN org the "clarity" it so desperately craves?

"While ICANN appreciates the prompt attention the Court paid to this matter, the Court's ruling today did not provide the clarity that ICANN was seeking when it initiated the injunction proceedings," said John Jeffrey, ICANN's General Counsel and Secretary.

—Ayden


‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On 31 May 2018 6:14 AM, Rafik Dammak <rafik.dammak at GMAIL.COM><mailto:rafik.dammak at GMAIL.COM> wrote:

Hi all,
you can find here the update on litigation initiated by ICANN https://www.icann.org/news/announcement-4-2018-05-30-en. the court rejected injunction requested by ICANN.

Best Regards,

Rafik




--

valentina pellizzer

President

One World Platform



https://oneworldplatform.net/



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