Perhaps the assumption of bad faith might not be the best starting position for moving forward either. -- John Bambenek
On Feb 14, 2018, at 17:07, Ayden Férdeline <icann@ferdeline.com> wrote:
I do not support this as a path forward.
We have seen repeatedly that the legal advice we have been issued has been ignored by those who are unhappy with the message contained within it.
And I disagree with the assertion that there is a "clear lack of consensus" on the question of the extraterritorial nature of the GDPR.
To continue dwelling on this question will ensure that we never make any progress as a working group.
— Ayden
-------- Original Message --------
On 15 February 2018 12:01 AM, Michael Palage <michael@palage.com> wrote:
Chuck,
As one of the original authors to the this extraterritorial thread, I welcome all the legal interpretation by both lawyers and non-lawyers in connection the scope to Article 3 of the GDPR. I think it is fair to say there is a clear lack of consensus. Therefore I would like to propose the following. Allow the group to comprise a list of legal questions regarding this issue and forward it to ICANN.org and ask of them the following:
Provide the list of questions to Hamilton for a response Have ICANN legal provide a response to these same questions
The reason for Number 2 is that John Jeffrey made very clear in the last webinar that he does NOT agree with all of the Hamilton analysis. I think us ICANN volunteers toiling away in the PDP coal mine are entitled/deserve an answer to these questions to allow us to move forward with more productive work It does the group no good for a bunch of well-intentioned individuals lacking the requisite legal training to debate these issues.
Best regards,
Michael
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