Re: [CPWG] [GTLD-WG] [registration-issues-wg] Next possible move related to GDPR
A couple of points, most not in relation to a particular previous comment but to the overall conversation here over the last few days. The fact that the ultimate result will be a compromise is a given That is what GDPR is. It calls for protection of personal information, BUT allows access for legitimate reasons. It is where that line is that is the question, and what are the legally admissible arguments for setting the line at a particular place for a given rationale. And that last part is the difficulty. Different parties have different aims. Some are looking purely at privacy and believe it should be maximized. Others, for convenience or real need want to make access more liberal. Others really don't care, but want to minimize their exposure and risk to be cited for violations 9(and indeed, public companies have a legal responsibility to their shareholders to minimize such risk). If we had enough time, effort, full understanding of the various needs and positions, and the wisdom of the proverbial bibilical Solomon, perhaps we could establish just what that compromise is with regard to WHOIS/RDS. But that is not out job. How iCANN works, is that we each need to represent what is important to use and if you believe in in the multistakeholder model, or in magic, what will come out the other end is a balanced result that will make us all happy. Or all equally unhappy. The premise of the EPDP is that we WILL end up with something that we believe will pass the GDPR test of balance. There is no shortage of people there who will be pressing for ultimate registrant privacy. So the question is, what should out stance be there? Some level of balance is a given - we do not need to defend that. One other point on ccTLDs (and for that matter a select number of gTLDs). Many such TLDs have very low levels of abuse, because they have registration policies regarding who can register a domain and in some cases how it can be used. And these policies are enforced. So patterns of use and abuse are quite different. If gTLDs were controlled as many ccTLDs are, we would not be having many of the conversations we have. Or the problems we have... Alan
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Alan Greenberg