[NCSG-PC] Fwd: [NCSG-Discuss] Comments on the Whois compliance models

[farzaneh badii]

So i just paste this from the ECO model here:

[The legal basis for disclosure to law enforcement agencies is limited to
authorities acting on the grounds of EU law or national laws of EU member
states.]

What does this mean? So only EU laws and Eu national laws can be used by
law enforcement globally to have access to data?

Then we have this:
[It is further proposed that certification and handling of requests can be
centralized in a Trusted Data Clearinghouse to avoid duplicate efforts, to
take off the burden of organizational, proceduaral and financial efforts
off the controllers and requesters, to ensure consistency of
decision-making and to make the system “customer friendly”.]


A trusted data clearing house. Don't know how to feel about  that. They are
also in favor of thick whois data and think it should continue. I don't
think thick whois is justified. I don't think we thought that when it was
approved either.


with regards to international data transfer to non eu law enforcement
 please look at page 67

https://www.icann.org/en/system/files/files/gdpr-cm3-eco-domain-industry-playbook-11jan18-en.pdf

[International Transfer of Whois Data to Non-EU Law Enforcement Agencies
According to Directive (EU) 2016/680, European Member States should ensure
that a transfer by European law enforcement agencies to a third country or
to an international organisation takes place only if necessary for the
prevention, investigation, detection or prosecution of criminal offences or
the execution of criminal penalties, including the safeguarding against and
the prevention of threats to public security, and that the controller in
the third country or international organisation is a competent authority as
well. Similar to the requirements for international data transfer according
to the G....]


They also say they have not consulted with data protection authorities. If
I am not mistaken.

ECO model could be great. I can't analyze it now I dont agree with some
things they say I don't understand other things.

On Sun, Jan 28, 2018 at 3:35 PM avri doria <avri at apc.org> wrote:

> (observer)
>
>
> On 28-Jan-18 11:55, Rafik Dammak wrote:
> > I am not familiar with the eco model
>
>
> https://www.icann.org/en/system/files/files/gdpr-cm3-eco-proposal-details-11jan18-en.pdf
>
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-- 
Farzaneh
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