RE: [dow1-2tf] More "limitations may not apply to you" language

["Mansourkia, Magnolia" <Maggie.Mansourkia@xxxxxxx>]

Again, it is a misconception that the ..." an EU citizen cannot consent to
exportation of his/her data to a country without equivalent privacy
protections or safeguards the government has agreed to." An EU citizen can
in fact consent to this and any entity that operates in more than one
country (even within the EU) has been going through the processes that allow
it to do this legally going on almost 10 years now.  The issue is what
consent entails.  I agree that a broad consent for information use is not
viable, but that is not what is being discussed here.  What we're looking at
is consent to a limited list of what the data will be used for, including
providing it through a directory for specific reasons, excluding marketing,
etc. 

 

 

-----Original Message-----
From: KathrynKL@xxxxxxx [mailto:KathrynKL@xxxxxxx] 
Sent: Tuesday, October 26, 2004 9:47 AM
To: Mansourkia, Magnolia; metalitz@xxxxxxxx; roessler@xxxxxxxxxxxxxxxxxx;
mcade@xxxxxxx
Cc: mueller@xxxxxxx; dow1-2tf@xxxxxxxxxxxxxx; dmaher@xxxxxxx
Subject: Re: [dow1-2tf] More "limitations may not apply to you" language

 

Yes and no.  Of course the info can be used to provide the service.  What we
are talking about is the mandatory consent to use of the data far beyond the
service -- in a global public directory.  And that's where we know there are
contractual terms that EU citizens are not allowed to consent to.  The big
example is that an EU citizen cannot consent to exportation of his/her data
to a country without equivalent privacy protections or safeguards the
government has agreed to.  

 

You can't ask it in the contract.  I just thought we should be as clear in
the ICANN contracts on this issue as other large corporations are on other
issues.  Regards, Kathy

I really think we're going off topic hear.  While I agree with Kathy's
general notion about various types of liability, it is not a violation, in
the EU or elsewhere, that their registrant information will be used to
provide the service and enforce the terms of the contract.  It is not a
waiving of rights, but rather a limitation of what the information is to be
used for.