[NCUC-DISCUSS] Compilation of questions to CEO

Thu May 3 21:03:48 CEST 2018

I think you're close to the target, Robert. Goran comes from the telecom industry and telecom tends to have specialized regulatory agencies (such as the FCC in the US or Oftel in the UK) that do rulemakings and can engage in such things as "regulatory forbearance".  

Asking a European DPA for regulatory forbearance on GDPR compliance is a non-starter, however, and shows real ignorance, because
 - there is no single European-wide DP regulatory authority, there is just a European law
 - the GDPR gives individuals a right of action and there is no room in such a legal scheme for any national DPA or group of them to grant anyone forbearance.

> -----Original Message-----
> From: Ncuc-discuss [mailto:ncuc-discuss-bounces at lists.ncuc.org] On Behalf
> Of Robert Guerra
> Sent: Thursday, May 3, 2018 9:22 AM
> To: Tapani Tarvainen <ncuc at tapani.tarvainen.info>
> Cc: ncuc-discuss at lists.ncuc.org
> Subject: Re: [NCUC-DISCUSS] Compilation of questions to CEO
> 
> I hope i’m wrong, but the desire for a moratorium (ie. delay) might come
> from the lack of understanding of the scope and breadth of a European
> “regulation” vs a  “US” regulations, that are  - far more easily revised and/or
> repealed by lobbying efforts (see refs below)
> 
> It is, ultimately - what has always been the issue - a lack of understanding
> what a fundamental right Privacy is….
> 
> regards
> 
> Robert
> 
> refs:
> 
> Energy and environmental agencies have been the administration's prime
> targets for regulatory removal
> https://www.scientificamerican.com/article/has-trump-killed-more-
> regulations-than-any-other-president/
> 
> Trump administration cancels hundreds of Obama-era regulations
> https://www.washingtonpost.com/business/economy/trump-
> administration-cancels-hundreds-of-obama-era-
> regulations/2017/07/20/55f501cc-6d68-11e7-96ab-
> 5f38140b38cc_story.html?utm_term=.c47192762f4d
> 
> --
> Robert Guerra
> Cel/Tel +1 416 893 0377
> Twitter: twitter.com/netfreedom
> Email: rguerra at privaterra.org
> PGP Keys : https://keybase.io/rguerra
> 
> On 3 May 2018, at 8:23, Tapani Tarvainen wrote:
> 
> > I would be interested in seeing a possible memo from ICANN legal as
> > well, if it was they who advised this. Not that I seriously expect to
> > get it, but I'd still like to ask.
> >
> > Tapani
> >
> > On May 03 09:09, Michael Karanicolas (mkaranicolas at gmail.com) wrote:
> >
> >> I think that's an excellent question to ask. But might I suggest
> >> that, if we go with it, we phrase it a little less provocatively:
> >>
> >> "Who came up with the advice that ICANN could obtain a moratorium on
> >> enforcement of the GDPR? Was this ICANN legal, or external counsel?
> >> And, if external counsel, can we be provided with a copy of the legal
> >> memorandum that ICANN received?"
> >>
> >> ICANN has already being widely criticized for the suggestion of a
> >> moratorium, and were formally smacked down by the Article 29 working
> >> group. I don't think we need to emphasize to Goran that it was a
> >> silly
> >> idea: he must know by now, based on the response, that it was a silly
> >> idea.
> >>
> >>
> >> On Thu, May 3, 2018 at 6:36 AM, Ayden Férdeline <icann at ferdeline.com>
> >> wrote:
> >>> I forwarded this email to the NCSG list last week:
> >>>
> >>> https://listserv.syr.edu/scripts/wa.exe?A2=ind1804&L=NCSG-
> DISCUSS&P=
> >>> 148763
> >>>
> >>> I think the question that is being asked there is worth asking the
> >>> CEO:
> >>>
> >>> * Who came up with the "fantasy land" advice (as described by The
> >>> Register) that ICANN could obtain a moratorium on enforcement of the
> >>> GDPR? Was this ICANN legal, or external counsel? And, if external
> >>> counsel, can we be provided with a copy of the legal memorandum that
> >>> ICANN received?
> >>>
> >>> Best wishes,
> >>>
> >>> Ayden
> >>>
> >>> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> >>>
> >>> On 2 May 2018 5:43 PM, Renata Aquino Ribeiro <raquino at gmail.com>
> >>> wrote:
> >>>
> >>>>
> >>>>
> >>>> Dear members
> >>>>
> >>>> I've compiled the questions you wanted me to ask to the CEO
> >>>> tomorrow
> >>>>
> >>>> in our conversation.
> >>>>
> >>>> Here are the main points
> >>>>
> >>>> -   CEO thoughts on ICANN budget. What are the CEO reactions to
> >>>> comments
> >>>>
> >>>>     that the budget crisis comes from ICANN unnecessarily
> >>>> broadening its
> >>>>
> >>>>     mandate as it was noted by some in the media.
> >>>>
> >>>>     (Joanna Kulesza)
> >>>>
> >>>> -   The GDPR debates have been impacting processes in current
> >>>> working
> >>>>
> >>>>     groups, such as the RDS and even pausing it. What is the long
> >>>> term
> >>>>
> >>>>     impact on deliverables and evolution of such work, as the
> >>>> debates
> >>>>
> >>>>     continues?
> >>>>
> >>>>     (Daniel Nanghaka)
> >>>>
> >>>> -   What do you see in the future for civil society within the
> >>>> ICANN
> >>>>
> >>>>     ecosystem? Are there specific roles to play especially in
> >>>> debates such
> >>>>
> >>>>     as new gTLDs?
> >>>>
> >>>>     (Olevie Kouami)
> >>>>
> >>>>     Thank you for your contribution
> >>>>
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