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

[Ayden Férdeline]

I suspect - and this is me being generous in my speculation - that ICANN knows their legal strategy is misguided and incorrect, but they are facing political pressure on the domestic front. The NTIA Administrator David Redl has called ICANN out a few times in speeches for not preserving the WHOIS status quo, so I suspect lawsuits like this one are done partly to placate the US government. However I do think arrogance, incompetence, and a lack of awareness of what exactly the European Union is and what its regulations are is also playing a part in the actions being advanced by ICANN org.

Ayden

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On 31 May 2018 10:45 AM, Giuseppe De Francesco <defrancescog at GMAIL.COM> wrote:

> Dear all,
>
> I've been a silent reader until now because GDPR jurisprudence is still building up, and my daily GDPR compliance work doesn't qualify me to argue with a bunch of lawyers, but this is getting off track, and I feel that it is time to chime in. There is enough knowledge about Data Protection (DP) expressed via Article 29 Working Party (A29WP) over the years to clear issues like this without even having to talk about it.
>
> 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.
>
> 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> 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/
>> mobile: +387 (0)61 484 038
>> twitter: @froatosebe
>>
>> Fingerprint 30AA 9445 D878 A6C9 FE41 E90D 52A5 36A6 B249 EDA9
>
> --
>
> https://about.me/pinodefrancesco?promo=email_sig&utm_source=product&utm_medium=email_sig&utm_campaign=gmail_api&utm_content=thumb
>
> Giuseppe (Pino) De Francesco
> [about.me/pinodefrancesco](https://about.me/pinodefrancesco?promo=email_sig&utm_source=product&utm_medium=email_sig&utm_campaign=gmail_api&utm_content=thumb)
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