2018-04-15

News Review | ICANN vs EU? ICANN "Studying" Legal Action in Europe

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-04-15) with analysis and opinion: Features •  1) ICANN vs EU GDPR? ICANN "Studying" Legal Action in Europe2) Other ICANN news3) Names, Domains & Trademarks, 4) ICYMI, 5) Most Read Posts.

EU GDPR vs ICANN WHOIS (graphic)
UPDATE: WP29 Press Release 17 April 2018, re 10-11 April 2018 Plenary, ICANN see p. 2:
WP29 Plenary April 2018 - GDPR & ICANN WHOIS (text graphic)
Facebook & Cambridge Analytica pp. 1-2: 
Editor's note: re-published 19 Apr 2018 (pdf). For more specifics re ICANN from WP29 see their letter dated 11 April 2018 (including annex) embedded here.

Original Post:
1) ICANN vs EU GDPR and the European Union's Article 29 Data Protection Working Party?
 ICANN's GDPR Train Wreck ©2018 DomainMondo.com (graphic)
ICANN vs. EU GDPR? ICANN says it is "studying all available remedies, including legal action in Europe" after receiving the European Union's Article 29 Working Party (WP29) reply dated 11 Apr 2018 in response to ICANN's recent discussions and letters (see e.g., ICANN's letter to Giovanni Buttarelli), requesting "advice" and a "moratorium" (not granted) in regard to the EU's General Data Protection Regulation (GDPR) which becomes enforceable May 25, 2018, and imposes stiff penalties for violations by "data controllers" such as ICANN and its "contracted parties" (registrars and registry operators) who maintain the heretofore public database of WHOIS information about domain name registrants.
ICANN Receives Data Protection/Privacy Guidance from Article 29 Working Party | ICANN.org: "... we are studying all available remedies, including legal action in Europe to clarify our ability to continue to properly coordinate this important global information resource. We will provide more information in the coming days ..."--Goran Marby, ICANN President & CEO, 12 Apr 2018
Meanwhile, as a result of the aforesaid WP29 reply to ICANN, the ad hoc ICANN BC and IPC group extended the deadline to comment on its proposed accreditation and access model to next Friday, 20 April 2018 at 4PM UTC (12 PM EDT). More info here. [Editor's note: that BC & IPC proposal (pdf) appears DOA "dead on arrival" and even more deficient than ICANN's proposed Interim Model (pdf) in light of the WP29's advice above and the devastating comments already submitted by ICANN's Non-Commercial Stakeholders Group (embedded below).

Comments of the Non-Commercial Stakeholders Group on the Draft IPC/BC Purpose Statement Published on 27 March 2018 (pdf) embed:

See also:
  • ICANN will not get a moratorium on GDPR compliance | InternetGovernance.org"There is another good speculation about why ICANN, which has always put the interest of corporations first, suddenly cares about protecting the world and wants to prevent some of WHOIS information becoming private: Big players are putting pressure on ICANN to keep WHOIS open. Among them, might be the US government putting pressure on ICANN to do something about this annoying European law." (emphasis added)
  • Game Over for WHOIS: Article 29 Gives ICANN the Advice it Asked for | blacknight.blog"... Come the end of May public whois as we know it will be dead. Game over. This does not come as a surprise to many of us – we’ve been raising issues with it going back years ..."

Related:

2) Other ICANN news
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. ICANN Organization’s Report on the Draft FY19 Budget Operating Plan Now Due 24 April |ICANN.org: 11 April 2018 - "Today, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that the ICANN organization's response to the public comments received in the Draft FY19 Operating Plan and Budget has been moved from 12 April to 24 April. This will allow the ICANN org and the Board to have the appropriate time to provide thoughtful and detailed responses."

b. Fellowship Program at ICANN ​Community Consultation Process (pdf): "As guiding principles for this comment, the GNSO Council believes that: 1. ICANN needs to develop clear objectives and verifiable metrics to demonstrate the Return On Investment (ROI), if any, from the Fellowship and other similar programs in consultation with the community; and 2. ICANN needs to reconsider its expenditure on the Fellowship and other programs to reflect this ROI and assess that on an ongoing basis ..."

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. ccTLD .au: Domain administrator auDA members call for CEO and directors' heads to roll | cio.com.au: "... In late July last year, auDA held a special general meeting, with the board telling members that “high levels of expenditure on international travel and reimbursement arrangements with international bodies [Editor's note: ICANN?that lacked transparency..."

b. Black Lives Matter Facebook page was scam run by white Australian Ian Mackay, report says |WashingtonPost.com: “My domain name buying and selling is a personal hobby”--Ian Mackay.

c. US: Federal authorities take down Backpage.com, site accused of being a haven for online prostitution | latimes.com.

d. Protecting Your Neighborhood’s Identity – Registering A Trademark | SmithAmundsen LLC | JDSupra.com: "Trademark registration of the association’s name and logo give the association increased power to protect the good name and reputation of its neighborhood or condominium ..."

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a. GDPR: Major blockchain group says Europe should exempt Bitcoin from new data privacy rule | TheVerge.com: Washington DC think tank CoinCenter.org says blockchain technology may be fundamentally incompatible with GDPR and that Europe should exempt Bitcoin from it.

b. EU says Facebook confirmed data of 2.7 million Europeans 'improperly shared' | Reuters.com

c. Singapore’s Economic Success ‘Comes at the Sacrifice of Humans Rights,’ Says Activist Han Hui Hui | GlobalVoices.org.

d. EU fake news fight 'clashing with right to freedom of expression' | Euronews.com

e. How Did Americans Lose Their Right to Privacy? | Heartland.org

f. Is the FCC About to Get Throttled? The Likelihood of Success on Reversing Net Neutrality | Texas Lawyer | law.com: "Was the Public Comment Period Conducted in Compliance with FCC Regulations? Probably not."

g. Warning over chilling impact on ‘freedom of expression’ if social media regulation unchecked | IrishExaminer.com: "Social media technology giant, Twitter, has suggested growing efforts to clamp down on 'undesirable content' on social media will inevitably impact 'freedom of expression' online."

h. Russia Seeks To Block Telegram In Showdown Over Internet Freedom | rferl.org: "Russia's state media regulator has asked a court to block the messaging app Telegram following the company's refusal to give the Federal Security Service (FSB) access to users' messaging data."

5) Most read posts this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com
1. News Review | How Cloudflare Is Helping Protect Personal Data Online
2. IEA Report Forecasts USA Dominating Global Oil Markets Going Forward
3. Hearing April 11: Facebook $FB Transparency and Use of Consumer Data
4. European Union WP29 To Facebook $FB: "Sorry Is Not Enough"
5. China's Internet Crackdown (video), Infographic on Internet Freedom

-- John Poole, Editor, Domain Mondo 

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