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Working Party Opinions on EU Data Protection Reform Proposals
by Carlton Samuels March 30, 2012

March 30, 2012

The Data Protection Working Party, a committee attached to the European Commission's Directorate for Justice that provides expert opinion on data protection matters has delivered an opinion re the EU data protection reform proposals. The WP endorses most of the reform proposals; things like legal recognition of binding corporate rules, the updated responsibility and accountability requirements, the treatment of data processors vs. data controllers, preventative use of privacy controls. They also recommended further clarification for a few matters; including the right to be forgotten, breach notification process, balancing of rights with processing costs, discretionary power to Data Protection Authorities to impose fines for breaches, etc. See it here: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinio… - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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Weekly posting summary for at-large@atlarge-lists.icann.org
by Thomas Narten March 30, 2012

March 30, 2012

Total of 18 messages in the last 7 days. script run at: Fri Mar 30 00:53:02 EDT 2012 Messages | Bytes | Who --------+------+--------+----------+------------------------ 44.44% | 8 | 45.80% | 57712 | carlton.samuels at gmail.com 11.11% | 2 | 12.40% | 15631 | salanieta.tamanikaiwaimaro at gmail.com 11.11% | 2 | 10.86% | 13681 | lutz at iks-jena.de 11.11% | 2 | 8.85% | 11153 | johnl at iecc.com 5.56% | 1 | 6.47% | 8150 | derek at aa419.org 5.56% | 1 | 5.72% | 7212 | narten at us.ibm.com 5.56% | 1 | 4.95% | 6242 | shearman at victoria.tc.ca 5.56% | 1 | 4.94% | 6229 | alan.greenberg at mcgill.ca --------+------+--------+----------+------------------------ 100.00% | 18 |100.00% | 126010 | Total

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[U.S] Federal Trade Commission Report on Privacy
by Carlton Samuels March 28, 2012

March 28, 2012

The U.S. Federal Trade Commission released a 112-page report on privacy. The have reiterated the Fair Information Practice Principles as guiding their perspectives and offer these three (3) principles: " - *Privacy by Design*: Build in privacy at every stage of product development; - *Simplified Choice for Businesses and Consumers*: Give consumers the ability to make decisions about their data at a relevant time and context, including through a Do Not Track mechanism, while reducing the burden on businesses of providing unnecessary choices; and - *Greater Transparency*: Make information collection and use practices transparent." The Executive Summary gives a fairly good grounding of the views. If you want more details read the entire document here: http://www.ftc.gov/os/2012/03/120326privacyreport.pdf -- Carlton Samuels ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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Re: [At-Large] [ALAC] .com Registry Agreement Renewal - Public comment - ends 26 April 2012
by Carlton Samuels March 28, 2012

March 28, 2012

Quick notes, especially as it impacts the work of the WHOIS WG...and ALAC commitments. First, a declaration. There are always a few 'weasel phrases' lawyers tend to live and practice by, no big deal, IMHO. Moral of the story: take a gut and finger check, going in. Seems it continues to bind the Registrar to implementation of relevant consensus policies that wash the RAA. This gives standing for implementing things originating thru SSAC and other policy formulations hereafter. Very important 'gateway' principle, IMHO. Notably, there are changes to the format and content of the contractually obliged Monthly Report. Much of the new additions seems to zero in on identifying registrar viability in context of identifiable business model and the churn factor for registrations; that might be useful to help track automated registrations intended for fraudulent use, among other things. If you trace the five (5) criteria Contractual Compliance Review employ to determine if renewal should be without prejudice, WHOIS outcomes gets the short straw. Didn't see even a nod to WHOIS Accuracy enforcement here. Concerns building. This one contains provisions for: 1) adopting a new WHOIS protocol if and when it becomes available via the IETF process; this is the SAC051 production 2) Transitioning to the 'thick' WHOIS model, albeit on GNSO time. In *this context*, I'm challenged to understand the implications in the Discussion Draft on Page 9 "*Traffic Data*"? *Something is amiss.* Additional content is now requested for WHOIS matters; report the number of WHOIS queries for that month, segregated by service origination, i.e., Port 43 or Web service. Other significant changes; one in the WHOIS provisioning - public IPv6 transport support - and another for process - the query will return the name of the Registrar consistent with the IANA data. What is *striking* here is that *all* references to *registrant data* - meaning data on the actual person who registered the domain name and is putative owner - seems to have disappeared from the delimited WHOIS dataset referred in Appendix 5. In other words, the provisions of old *Clause 3 of the RAA now in force are 'disappeared'!* I stand to be corrected. - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= On Wed, Mar 28, 2012 at 1:00 PM, Alan Greenberg <alan.greenberg(a)mcgill.ca>wrote: > .com Registry Agreement Renewal > > http://www.icann.org/en/news/announcements/announcement-27mar12-en.htm > > Executive Summary > > ICANN is posting today for public comment Verisign's proposed > agreement for renewal of the 2006 .com Registry Agreement between > ICANN and Verisign. This proposal is a result of discussions between > ICANN and VeriSign, and will be considered by the ICANN Board after > public comment. The current agreement will expire on 30 November > 2012. Public comment may be submitted through April 26, 2012 and > viewed at: > http://www.icann.org/en/news/public-comment/com-renewal-27mar12-en.htm > > This summary describes important aspects of the registry agreement > renewal process, the content of the proposed agreement renewal, and > certain background to the proposed agreement. This summary is > accompanied by the "red line" version of the agreement and several > documents that describe and summarize the proposal. Upcoming > agreements due to be renewed in 2012 such as .biz, .info, .name and > .org will follow a similar process. > > > > _______________________________________________ > ALAC mailing list > ALAC(a)atlarge-lists.icann.org > https://atlarge-lists.icann.org/mailman/listinfo/alac > > At-Large Online: http://www.atlarge.icann.org > ALAC Working Wiki: > https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(AL… >

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Draft ALAC Statement on Conflict of Interest
by Carlton Samuels March 27, 2012

March 27, 2012

Following on a commitment at San Jose, we collectively have prepared and the ALAC intends to vote a statement on Conflict of Interest (CoI) soon. See the drafts here and make your input: https://community.icann.org/display/alacpolicydev/At-Large+ICANN+Board+Conf… - Carlton Samuels ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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ICC Policy Statement on Cross- Border Law Enforcement vs Privacy Laws
by Carlton Samuels March 26, 2012

March 26, 2012

The Int'l Chamber of Commerce [ICC] has been mulling over the issues with cross-border law enforcement regarding privacy laws. They have issued a policy statement which reflects the position of participants from 95 companies, organizations and ICC national committees in 25 countries. Here it is: http://www.iccwbo.org/uploadedFiles/Law_enforcement_access_to_company_data_… - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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German views on EU data privacy reform initiative
by Carlton Samuels March 23, 2012

March 23, 2012

The German Data Commissioners just concluded their 83rd Conference. It appears they endorsed the intent of the EU proposals for data privacy reform with a few caveats. Several hot topics came up for discussion; ACTA, surveillance of telecommunications and law enforcement use of internet searches, including monitoring of social networks. They produced a few resolutions on matters of heightened concerns. The text is in German but if you have a mind to read it all, inline Google Translate is quite helpful. http://www.lda.brandenburg.de/sixcms/detail.php?gsid=bb1.c.284560.de&templa… - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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Joint EU-US Statement on [privacy] data protection
by Carlton Samuels March 23, 2012

March 23, 2012

Here's a link to the joint EU/US Statement on data protection, an outcome of the recent Safe Harbor Conference. Most of you would know that there are differences between US and EU data privacy legal frameworks and how they are operationalized. The Safe Harbor Conference is an ongoing bilateral initiative to square that circle; at minimum, to ensure 'interoperability' of the regulations and a common enforcement regime. Prior ALAC Statement acknowledged the fact of these kinds of initiatives. Here's a line in the release that you might want to take special note of: "deepen our transatlantic dialogue on *commercial* data privacy issues." [Note: the word in bold is my emphasis.]* . *Um, sure looks like a 'throwaway', doesn't it............ http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/12/192 - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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Weekly posting summary for at-large@atlarge-lists.icann.org
by Thomas Narten March 23, 2012

March 23, 2012

Total of 12 messages in the last 7 days. script run at: Fri Mar 23 00:53:02 EDT 2012 Messages | Bytes | Who --------+------+--------+----------+------------------------ 41.67% | 5 | 32.38% | 28211 | carlton.samuels at gmail.com 16.67% | 2 | 24.06% | 20963 | salanieta.tamanikaiwaimaro at gmail.com 8.33% | 1 | 12.21% | 10637 | raulbauer at gmail.com 8.33% | 1 | 9.16% | 7977 | narten at us.ibm.com 8.33% | 1 | 7.63% | 6646 | sebastien at bachollet.com 8.33% | 1 | 7.31% | 6368 | karl at cavebear.com 8.33% | 1 | 7.24% | 6310 | silvia.vivanco at icann.org --------+------+--------+----------+------------------------ 100.00% | 12 |100.00% | 87112 | Total

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Data Privacy - Philippines
by Carlton Samuels March 23, 2012

March 23, 2012

The Philippines has just passed into law an EU-style data privacy regime. http://www.senate.gov.ph/lisdata/1218710275!.pdf - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================

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