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ICANN Contract vs National Law
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Transcript of ICANN Contract vs National Law
ICANN Contract vs. National LawWith Michele Neylon
ICANN Contract vs. National Law
Michele Neylon
Who am I?
Michele Neylon- Founder / CEO Blacknight- http://mneylon.tel- @mneylon- http://michele.me/blog- IIA Net Visionary 2013- Chair RrsG, Chair Registrar
Advisory Board Eurid, member EWG
What Will I Cover?
• Registrars• EU law
• Registries• ICANN “law”
I am NOT a lawyer!
Head Hurts?
EU Registries vs ICANN (Historical)
• .tel – delayed due to whois policy • .cat – 3 years+ to get a whois policy change +
comply with Spanish law
Post Snowden World
Getting away with murder?
• EU citizens more conscious of data privacy + digital issues than before
• Logically the risk of litigation has increased• Irish DPC being sued for not being tough
enough on Facebook!• Registrars and registries at risk?• Is ICANN? Doubtful – they’re still safe in the
US!
EU Law vs ICANN?
2013 RAA
• Problematic for EU based registrars• Problematic for non-EU registrar with EU
registrants– Data retention– Data elements to be collected– Periods of retention
Article 29 Working Party
• 6th June letter to ICANN (http://michele.cat/ch )
• “..to avoid unnecessary duplication of work by 27 national data protection authorities in Europe.. the WP wishes to provide a single statement for all relevant registrars targeting individual domain name holders in Europe”
Article 29 Working Party
• 2013 RAA obligations NOT based on legal requirement in EU
• Risk of data breach -> exposure of personal data
• Opposes Private corporation (ICANN) introducing data retention -> national govt should do it (if needed)
What about Whois?
• Art 29 WP doesn’t like “open” whois• Most ccTLDs in EU “gate” data BUT ICANN
forces registrars AND registries to publish EVERYTHING by default
• What will “Geo” gTLDs do?
ICANN’s response?
• Waiver process for retention / collection elements of 2013 RAA (see http://michele.cat/cg )
• No change on Whois “waiver” process (yet)• Article 29 letter rejected
Impact on Registrars / Registries
• Delays• Cost (lawyers don’t work for free!)• ONLY registrars on 2013 RAA can offer new
TLDs• If a registrar doesn’t have a waiver then how
will their DPC react?• Is it worth the risk?
Waiver = how long?
• Advantage for registrars in countries with other registrars
• 45 days? 90 days?• Timeline published by ICANN has a 30 day
publication period
Our Experience (so far)
• Delay• Submitted request on September 17th • Received basic acknowledgement same day• Received a reply on October 25th with queries
The Future?
• GAC involvement?• Article 29 WP again?• EU Commission?• ICANN?
Questions?
Thank You …
Credits
• Logos image via http://www.flickr.com/photos/27845211@N02/2616906744/sizes/l/