Public Comment Call for Volunteers - Input on the Initial Report of the Phase 2A EPDP

[Mueller, Milton L]

>According to article 2 of China Domain Name Registration Regulation(互联网域名管理办法),
>the domain name service is not only about the basic domain name registration service provided
> by registar, but also contains the operation of root server and TLD.

China’s national law has no authority over the root server – indeed, it is destructive and impossible for any national government to try to impose its national law on this globally shared resource. China’s law also has no authority over TLD operators who do not serve Chinese customers. China’s “real name” law can ONLY apply to registrars serving Chinese customers, because that is where individuals with “real names” intersect with the domain name system.

You may not understand what you are talking about here – how would a TLD operator provide a “real name” when it is a company, not a person, and when its records contain tens of thousands or millions of names of registrants? Are you saying that Chinese law requires every TLD operator and registrar in the world to turn over personally identifiable information of all their customers to the Chinese government? I think no one in this stakeholder group, or any other, would support this, and none of the world’s governments would accept it, either.

I certainly understand ICANN is a global governance regime not a national one. However, if I am not having misunderstood about EPDP, the whole issue is raised because of GDPR.

These are ICANN policies, not European ones.

I don't think EU GDPR is superior than China Cybersecurity Law or any other country's national law

EU law does not override Chinese law, but Chinese law cannot bind what the rest of the world does, either. I Hope that’s clear.

Since the question 8 of EPDP Team Question for Community Input is to seek the legal and regulatory considerations not yet considered in this Initial Report, I certainly believe to mention about China Cybersecurity Law as a legal considerations is not a misunderstanding.

It is not relevant, but you can make this comment to ICANN as an individual. Are you commenting on behalf of the Chinese government? Maybe you should work with your GAC representative.

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