[[--Translated text (es -> en)--]] [[--This message had format issues and was not translated properly--]] Subject:Re: Fwd: ICANN Request to Preserve WHOIS Data Referred to German Appeal Court Desde:Aida Noblia <aidanoblia@gmail.com> Rather than preventing the Collection, which may be necessary to prosecute crimes, inappropriate or inappropriate Disclosure should be sanctioned. On July 20, 2018, 7:34, Carlton Samuels <carlton.samuels@gmail.com> wrote: [[--Translated text (en -> es) -]] [[--This message had format issues and was not defined properly--]] Topic: Fwd: ICANN Request to Preserve WHOIS Data Referred to German Appeal Court From: Carlton Samuels <carlton.samuels@gmail.com> The rhythm continues ..... [ERROR: Sentence too long to translate (1523> 1000 bytes)] In its initial decision, the Regional Court determined that it would not issue an injunction against EPAG. ICANN appealed this decision.Upon receipt of the appeal, the Regional Court exercised its option to re-evaluate its decision instead of immediately referring the matter to the Superior Regional Court to hear the appeal. By referring the matter to the Higher Regional Court of Cologne, the Regional Court did not change its original determination not to issue an injunction against EPAG. The Regional Court also rejected the alternative claims presented by EPAG in recent court documents. Notably, the Regional Court issued this second ruling without regard to the additional submissions filed by ICANN and the Intellectual Property Unit of ICANN.These documents will be part of the registry that will be transferred to the Superior Regional Court for the appeal.The Corporation for the Assignment of Numbers and Names on the Internet (ICANN) will continue to work on this issue as part of its public interest function in the coordination of a decentralized global WHOIS for the generic system of high level domain. The Corporation for the Assignment of Numbers and Names on the Internet (ICANN) awaits new instructions from the Superior Regional Court on the following steps, which could include referring the matter to the European Court of Justice, issuing a decision based on documents already submitted, requesting additional reports or scheduling a hearing with the parties.Background: On May 25, 2018, ICANN filed the injunction against EPAG. ICANN requested assistance from the Court to interpret the GDPR in an effort to protect the data collected in WHOIS. ICANN requested a court ruling to ensure the continuous collection of all WHOIS data. The intention was to ensure that all of that data remains available to parties that demonstrate a legitimate purpose to access them, and request clarification that under the GDPR, the ICANN may continue to request such collection.ICANN shelved the proceedings because EPAG had informed ICANN that, as of May 25, 2018, it would no longer collect administrative and technical contact information when it sells new domain name registrations. EPAG believes that the collection of these particular data would violate the GDPR. ICANN's contract with EPAG requires information to be collected. EPAG is one of more than 2,500 registrars and registries that help ICANN maintain the global information resource of the WHOIS system. ICANN does not expect its contracting parties to violate the law.In short, the EPAG position highlights a disagreeme nt with ICANN and others as to how the GDPR should be interpreted. On May 30, 2018, the Regional Court determined that it would not issue an injunction against EPAG. By rejecting the injunction, the Court ruled that it would not require EPAG to gather the administrative and technical data for new records.However, the Court did not indicate in its ruling that the collection of such data would be a violation of the GDPR. On the contrary, the Court said that the collection of the data of the registrants of domain names should be sufficient to safeguard against the use undue in relation to the domain name (such as criminal activity, infringement or security problems). The Tribunal reasoned that because it is possible for a registrant to provide the same data elements for the registrant as for administrative and technical contacts, ICANN did not demonstrate that it is necessary to collect additional data elements for those contacts.The Court also noted that a registrant could give their consent and provide administrative contact and technical contact information at their discretion. On June 13, 2018, ICANN appealed the ruling of the Regional Court to the Higher Regional Court of Cologne, Germany, and again requested a court order that would require EPAG to reinstate the collection of all the WHOIS data required under the Accreditation Agreement. EPAG registrars with ICANN.In addition to court proceedings, ICANN continues to seek ongoing discussions with the European Commission and the European Data Protection Board to obtain further clarification on the GDPR regarding the integrity of WHOIS services. About ICANN ICANN's mission is to help ensure a stable, secure and unified global Internet. To communicate with another person on the Internet, you must enter an address, name or number on your computer or other device. That address must be unique for computers to know where to meet. ICANN helps coordinate and support these unique identifiers around the world.ICANN was formed in 1998 as a public benefit non-profit corporation with a community of participants from around the world. [ERROR: Sentence too long to translate (1630> 1000 bytes)] In its initial decision, the Regional Court determined that would not issue a requirement against EPAG. ICANN appealed this decision. Upon receipt of the appeal, the Regional Court exercised its option to re-evaluate its decision instead of immediately referring the matter to the Superior Regional Court to hear the appeal.By referring the matter to the Higher Regional Court of Cologne, the Regional Court did not change its original determination not to issue an injunction against EPAG. The Regional Court also rejected the alternative claims presented by EPAG in recent court documents. Notably, the Regional Court issued this second ruling without regard to the additional submissions filed by ICANN and the Intellectual Property Unit of ICANN. These documents will be part of the registry that will be transferred to the Superior Regional Court for the appeal.The Corporation for the Assignment of Numbers and Names on the Internet (ICANN) will continue to work on this issue as part of its public interest function in the coordination of a decentralized global WHOIS for the generic system of high level domain. The Corporation for the Assignment of Numbers and Names on the Internet (ICANN) awaits new instructions from the Superior Regional Court on the following steps, which could include referring the matter to the European Court of Justice, issuing a decision based on documents already submitted, requesting additional reports or scheduling a hearing with the parties.Background: On May 25, 2018, ICANN filed the injunction against EPAG. ICANN requested assistance from the Court to interpret the GDPR in an effort to protect the data collected in WHOIS. ICANN requested a court ruling to ensure the continuous collection of all WHOIS data. The intention was to ensure that all of that data remains avail able to parties that demonstrate a legitimate purpose to access them, and request clarification that under the GDPR, the ICANN may continue to request such collection.ICANN shelved the proceedings because EPAG had informed ICANN that, as of May 25, 2018, it would no longer collect administrative and technical contact information when it sells new domain name registrations. EPAG believes that the collection of these particular data would violate the GDPR. ICANN's contract with EPAG requires information to be collected. EPAG is one of more than 2,500 registrars and registries that help ICANN maintain the global information resource of the WHOIS system. ICANN does not expect its contracting parties to violate the law.In short, the EPAG position highlights a disagreement with ICANN and others as to how the GDPR should be interpreted. On May 30, 2018, the Regional Court determined that it would not issue an injunction against EPAG. By rejecting the injunction, the Court ruled that it wou ld not require EPAG to gather the administrative and technical data for new records.However, the Court did not indicate in its ruling that the collection of such data would be a violation of the GDPR. On the contrary, the Court said that the collection of the data of the registrants of domain names should be sufficient to safeguard against the use undue in relation to the domain name (such as criminal activity, infringement or security problems). The Tribunal reasoned that because it is possible for a registrant to provide the same data elements for the registrant as for administrative and technical contacts, ICANN did not demonstrate that it is necessary to collect additional data elements for those contacts.The Court also noted that a registrant could give their consent and provide administrative contact and technical contact information at their discretion. On June 13, 2018, ICANN appealed the ruling of the Regional Court to the Higher Regional Court of Cologne, Germany, and agai n requested a court order that would require EPAG to reinstate the collection of all the WHOIS data required under the Accreditation Agreement. EPAG registrars with ICANN.In addition to court proceedings, ICANN continues to seek ongoing discussions with the European Commission and the European Data Protection Board to obtain further clarification on the GDPR regarding the integrity of WHOIS services. About ICANN ICANN's mission is to help ensure a stable, secure and unified global Internet. To communicate with another person on the Internet, you must enter an address, name or number on your computer or other device. That address must be unique for computers to know where to meet. ICANN helps coordinate and support these unique identifiers around the world.ICANN was formed in 1998 as a public benefit non-profit corporation with a community of participants from around the world. - - - - - - - - - - - - - - - - [[--Original text (en) Translated by transbot 2.18-2.04http://mm.icann.org/ transbot_archive/139d9c7ba4.html -]] _______________________________________________ lac-discuss-en mailing list lac-discuss-es@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es http: // www.lacralo.org -]] _______________________________________________ lac-discuss-en mailing list lac-discuss-es@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es http://www.lacralo.org http://www.lacralo.org - Aida Noblia [[--Original text (es) Translated by transbot 2.18-2.04 http://mm.icann.org/transbot_archive/76bb5bdd0e.html --]]