Thanks, James.
 
I read your Zero draft put together for discussion. 
 
I note that the words “collection, display and distribution of personal data” via WHOIS are used repeatedly in this draft.  Given the opinions of the article 29 working party, the 2/2003 opinion, in particular, which raises, inter alia, concerns on the searchable WHOIS facilities (reverse directories), I wonder if “collection, display and distribution of personal data” via WHOIS is too narrow. Directive 95/46/EC uses the term “'processing of personal data” which means “any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction”.  But we must bear in mind that at the time when the Directive was adopted in 1995 the internet had barely begun.  My colleagues must wish to consider if it is appropriate to adopt this definition in our draft. 
 
Regards,
Raymond
 
 
Sent: Thursday, May 07, 2015 7:31 PM
Subject: [IAG-WHOIS conflicts] Dual Trigger Proposal
 

Hi All,

In an effort to try and find a common ground, and after recognizing Steve’s input and comments on the call last night that his proposal needs not be the exclusive trigger I have tried to string together some draft language on what I am calling a Dual Trigger process.

My changes have focused on step one being the trigger step, my changes to the remainder of the process have been minor, a change of ‘shall’ to ‘may’ in Section 2 to reflect the change in substance of the trigger mechanism. And the addition of Steve’s language to the Consultation period for a public comment period.

 

Steve: I think I have faithfully reproduced your language here please let me know if I changed anything that changes the substance of your proposal.

All: I would appreciate comments or input on the proposal.

 

Please turn off tracking changes on formatting under the ‘Show Markup’ pane if you get spammed with changes related to formatting. As always my battle with Word and its method of dealing with formatting revisions continues!

 

Please treat this as a Zero draft for discussion.

 

James Gannon

Director

Cyber Invasion Ltd

Dun Laoghaire, County Dublin, Ireland

Office: +353 (1)663-8787

Cell: +353 (86)175-3581

Email:james@cyberinvasion.net

GPG: https://keybase.io/jayg

 

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