WG: [GAC] ICANN publishes legal advice on WHOIS and GDPR
Just FYI -- with regards, Wolf Cathrin.BAUER-BULST@ec.europa.eu sent Thu, 19 Oct 2017 12:56:
Dear all,
In case not yet seen, ICANN has just published the legal advice<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en...> announced a while ago, accompanied by a communication<https://www.icann.org/news/blog/data-protection-and-privacy-update> which reads in part:
"[…] This first memo focuses on potentially challenging areas with existing requirements for registries and registrars to provide open, publicly available WHOIS services. It provides a general overview of key concepts in the GDPR (e.g. personal data, consent, the role of data controllers and processers and data protection authorities, etc.) and how these concepts relate to gTLD WHOIS services.
The memo highlights the complexity of these issues in the domain name space, and concludes that the current open, publicly available WHOIS services cannot remain unchanged. The WHOIS system has to become adaptable to address the GDPR from the European perspective, as well as other changing regulations around the world.
Since GDPR will likely effect how WHOIS data is displayed, it could impact our ability to maintain a single global WHOIS system. In turn, this will likely impact either ICANN's agreements or its ability to enforce contractual compliance of its agreements using a single and consistent approach. In the short term, we need to work together to understand the scope of this impact and find the right balance between maintaining the current WHOIS services and compliance with local laws. […]"
Best regards Cathrin
Cathrin Bauer-Bulst Deputy Head of Unit Cybercrime
[cid:image001.png@01CE198E.B254B7B0] European Commission DG Migration and Home Affairs Unit D4 - Cybercrime
What we do: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and...
The views expressed in this e-mail are my own and may not be interpreted as stating an official position of the European Commission.
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig Swiss IGF http://swiss-igf.ch EURALO - ICANN's Regional At-Large Organisation http://euralo.org Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig
Thank you very much Wolf! ____________________________ Ing. Matthias Markus Hudobnik matthias@hudobnik.at http://www.hudobnik.at
On 19.10.2017, at 17:46, Wolf Ludwig <wolf.ludwig@comunica-ch.net> wrote:
Just FYI -- with regards, Wolf
Cathrin.BAUER-BULST@ec.europa.eu sent Thu, 19 Oct 2017 12:56:
Dear all,
In case not yet seen, ICANN has just published the legal advice<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en...> announced a while ago, accompanied by a communication<https://www.icann.org/news/blog/data-protection-and-privacy-update> which reads in part:
"[…] This first memo focuses on potentially challenging areas with existing requirements for registries and registrars to provide open, publicly available WHOIS services. It provides a general overview of key concepts in the GDPR (e.g. personal data, consent, the role of data controllers and processers and data protection authorities, etc.) and how these concepts relate to gTLD WHOIS services.
The memo highlights the complexity of these issues in the domain name space, and concludes that the current open, publicly available WHOIS services cannot remain unchanged. The WHOIS system has to become adaptable to address the GDPR from the European perspective, as well as other changing regulations around the world.
Since GDPR will likely effect how WHOIS data is displayed, it could impact our ability to maintain a single global WHOIS system. In turn, this will likely impact either ICANN's agreements or its ability to enforce contractual compliance of its agreements using a single and consistent approach. In the short term, we need to work together to understand the scope of this impact and find the right balance between maintaining the current WHOIS services and compliance with local laws. […]"
Best regards Cathrin
Cathrin Bauer-Bulst Deputy Head of Unit Cybercrime
[cid:image001.png@01CE198E.B254B7B0] European Commission DG Migration and Home Affairs Unit D4 - Cybercrime
What we do: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and...
The views expressed in this e-mail are my own and may not be interpreted as stating an official position of the European Commission.
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig
Swiss IGF http://swiss-igf.ch
EURALO - ICANN's Regional At-Large Organisation http://euralo.org
Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig <ATT19567 1.jpg> _______________________________________________ EURO-Discuss mailing list EURO-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
Homepage for the region: http://www.euralo.org
https://www.icann.org/en/system/files/correspondence/diaz-bunton-to-marby-13... https://www.icann.org/en/system/files/correspondence/dammak-to-swinehart-ata... https://www.icann.org/en/system/files/correspondence/sprey-to-Marby-9oct17-e... << the most interesting of the three -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ http://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 On 19/10/2017, 16:47, "euro-discuss-bounces@atlarge-lists.icann.org on behalf of Wolf Ludwig" <euro-discuss-bounces@atlarge-lists.icann.org on behalf of wolf.ludwig@comunica-ch.net> wrote: Just FYI -- with regards, Wolf Cathrin.BAUER-BULST@ec.europa.eu sent Thu, 19 Oct 2017 12:56: >Dear all, > >In case not yet seen, ICANN has just published the legal advice<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en...> announced a while ago, accompanied by a communication<https://www.icann.org/news/blog/data-protection-and-privacy-update> which reads in part: > >"[…] This first memo focuses on potentially challenging areas with existing requirements for registries and registrars to provide open, publicly available WHOIS services. It provides a general overview of key concepts in the GDPR (e.g. personal data, consent, the role of data controllers and processers and data protection authorities, etc.) and how these concepts relate to gTLD WHOIS services. >The memo highlights the complexity of these issues in the domain name space, and concludes that the current open, publicly available WHOIS services cannot remain unchanged. The WHOIS system has to become adaptable to address the GDPR from the European perspective, as well as other changing regulations around the world. >Since GDPR will likely effect how WHOIS data is displayed, it could impact our ability to maintain a single global WHOIS system. In turn, this will likely impact either ICANN's agreements or its ability to enforce contractual compliance of its agreements using a single and consistent approach. In the short term, we need to work together to understand the scope of this impact and find the right balance between maintaining the current WHOIS services and compliance with local laws. […]" > >Best regards >Cathrin > >Cathrin Bauer-Bulst >Deputy Head of Unit >Cybercrime > > [cid:image001.png@01CE198E.B254B7B0] >European Commission >DG Migration and Home Affairs >Unit D4 - Cybercrime > >What we do: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and... > >The views expressed in this e-mail are my own and may not be interpreted >as stating an official position of the European Commission. > > > > EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig Swiss IGF http://swiss-igf.ch EURALO - ICANN's Regional At-Large Organisation http://euralo.org Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig
thanks, Michele - very interesting indeed, though not surprising -Bastiaan
On 24 Oct 2017, at 14:46, Michele Neylon - Blacknight <michele@blacknight.com> wrote:
https://www.icann.org/en/system/files/correspondence/diaz-bunton-to-marby-13...
https://www.icann.org/en/system/files/correspondence/dammak-to-swinehart-ata...
https://www.icann.org/en/system/files/correspondence/sprey-to-Marby-9oct17-e... << the most interesting of the three
-- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ http://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845
On 19/10/2017, 16:47, "euro-discuss-bounces@atlarge-lists.icann.org on behalf of Wolf Ludwig" <euro-discuss-bounces@atlarge-lists.icann.org on behalf of wolf.ludwig@comunica-ch.net> wrote:
Just FYI -- with regards, Wolf
Cathrin.BAUER-BULST@ec.europa.eu sent Thu, 19 Oct 2017 12:56:
Dear all,
In case not yet seen, ICANN has just published the legal advice<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en...> announced a while ago, accompanied by a communication<https://www.icann.org/news/blog/data-protection-and-privacy-update> which reads in part:
"[…] This first memo focuses on potentially challenging areas with existing requirements for registries and registrars to provide open, publicly available WHOIS services. It provides a general overview of key concepts in the GDPR (e.g. personal data, consent, the role of data controllers and processers and data protection authorities, etc.) and how these concepts relate to gTLD WHOIS services.
The memo highlights the complexity of these issues in the domain name space, and concludes that the current open, publicly available WHOIS services cannot remain unchanged. The WHOIS system has to become adaptable to address the GDPR from the European perspective, as well as other changing regulations around the world.
Since GDPR will likely effect how WHOIS data is displayed, it could impact our ability to maintain a single global WHOIS system. In turn, this will likely impact either ICANN's agreements or its ability to enforce contractual compliance of its agreements using a single and consistent approach. In the short term, we need to work together to understand the scope of this impact and find the right balance between maintaining the current WHOIS services and compliance with local laws. […]"
Best regards Cathrin
Cathrin Bauer-Bulst Deputy Head of Unit Cybercrime
[cid:image001.png@01CE198E.B254B7B0] European Commission DG Migration and Home Affairs Unit D4 - Cybercrime
What we do: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and...
The views expressed in this e-mail are my own and may not be interpreted as stating an official position of the European Commission.
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig
Swiss IGF http://swiss-igf.ch
EURALO - ICANN's Regional At-Large Organisation http://euralo.org
Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig
_______________________________________________ EURO-Discuss mailing list EURO-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
Homepage for the region: http://www.euralo.org
Thank you very much Michele! ____________________________ Ing. Matthias Markus Hudobnik matthias@hudobnik.at http://www.hudobnik.at
On 24.10.2017, at 12:46, Michele Neylon - Blacknight <michele@blacknight.com> wrote:
https://www.icann.org/en/system/files/correspondence/diaz-bunton-to-marby-13...
https://www.icann.org/en/system/files/correspondence/dammak-to-swinehart-ata...
https://www.icann.org/en/system/files/correspondence/sprey-to-Marby-9oct17-e... << the most interesting of the three
-- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ http://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845
On 19/10/2017, 16:47, "euro-discuss-bounces@atlarge-lists.icann.org on behalf of Wolf Ludwig" <euro-discuss-bounces@atlarge-lists.icann.org on behalf of wolf.ludwig@comunica-ch.net> wrote:
Just FYI -- with regards, Wolf
Cathrin.BAUER-BULST@ec.europa.eu sent Thu, 19 Oct 2017 12:56:
Dear all,
In case not yet seen, ICANN has just published the legal advice<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en...> announced a while ago, accompanied by a communication<https://www.icann.org/news/blog/data-protection-and-privacy-update> which reads in part:
"[…] This first memo focuses on potentially challenging areas with existing requirements for registries and registrars to provide open, publicly available WHOIS services. It provides a general overview of key concepts in the GDPR (e.g. personal data, consent, the role of data controllers and processers and data protection authorities, etc.) and how these concepts relate to gTLD WHOIS services.
The memo highlights the complexity of these issues in the domain name space, and concludes that the current open, publicly available WHOIS services cannot remain unchanged. The WHOIS system has to become adaptable to address the GDPR from the European perspective, as well as other changing regulations around the world.
Since GDPR will likely effect how WHOIS data is displayed, it could impact our ability to maintain a single global WHOIS system. In
participants (4)
-
Bastiaan Goslings -
Matthias Markus Hudobnik -
Michele Neylon - Blacknight -
Wolf Ludwig