Re: [ga] Registerfly & Data Escrow

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Michael  and all,

Agreed exactly regarding 3rd party escrow with a domestic
escrow agent as well as some sort of 3rd party escrow is in
place and functioning as a technical requirement.

Michael Froomkin - U.Miami School of Law wrote:

> I agree that local data privacy laws make 3rd party escrow the way to go.
> (It has other advantages too which need not detain us, not least removal
> of single point of failure.) Some nations will not let the data go abroad
> without complex processes it might be unreasonable to require.
>
> But there are no laws that I know of that would forbid 3rd party escrow
> with a domestic escrow agent, and demonstrating that some form of 3rd
> party escrow is in place and functioning would be a reasonable technical
> requirement.
>
> On Wed, 28 Feb 2007, Roberto Gaetano wrote:
>
> > Danny Younger wrote:
> >
> >>
> >> If I understand Jon correctly the issue is that "ICANN has
> >> never implemented a schedule, terms, or a format of the
> >> escrow arrangement".
> >>
> >> While I suppose that I could ask Mike Zupke to detail the
> >> reasons why Staff has not yet acted to implement data escrow
> >> arrangements, frankly I thought that it was the Board's duty
> >> to take responsibility for continued Staff inaction...
> >
> > I thought that the question was related to have details on the data escrow,
> > or other registrar issues, related to the case in point, that's why I
> > redirected your query.
> >
> > If, on the other hand, we want to keep it on general policy, my personal
> > opinion is that there is room for improvement in the way ICANN has handled
> > the data escrow. See additional remarks below.
> >
> >>
> >> As a reminder, this inaction has persisted since November
> >> 2001 when the registrar data escrow testbed was first
> >> proposed, and even though ICANN has data escrow listed as a
> >> project under its current operational plan, we have yet to
> >> see this particular project take shape.
> >
> > Again, with the caveat that this is only my personal opinion, having
> > participated as member of CORE to the initial testbed, I have mixed feelings
> > about the practicability on a global level of the escrow mechanism, for two
> > reasons: first,
> > scalability, second, local legislation (including, but not limited to, data
> > privacy).
> > It is probably out of scope to enter in too much detail here, but what makes
> > me think is that ICANN would never have the resources to manage directly
> > escrow data, and therefore a mechanism that involves a third party must be
> > put in place. What was reasonable for 5 testbed registrars, is much less
> > reasonable for the hundreds we have now. So, on this I am in synch with
> > Karl.
> >
> >>
> >> Roberto, as a Board Director your duty is to act in the best
> >> interests of ICANN.  I would argue that ICANN's interests
> >> would be well served by a data escrow arrangement that would
> >> also protect and serve the public interest.
> >
> > I agree that my duty is to act in the best interest of ICANN (and if you
> > have reasons to believe that I have not done so until now, please let me
> > know, so I can improve), I also agree that ICANN has to take into account
> > also the public interest, but for the reason above I have serious doubts
> > that data escrow is the best answer. Since the discussion is going on right
> > now on the Board, maybe we could benefit from some input on this item.
> >
> >>
> >> Perhaps we could encourage you to investigate the current
> >> status of the data escrow project... it would certainly add
> >> to our appreciation of ICANN's commitment to transparency if
> >> project details could soon be released.
> >
> > Thanks for the encouragement ;>)
> > But that's exactly what, not only myself, but the whole Board is doing right
> > now. While staff is dealing with the practical issue, trying to reduce the
> > grief for the registrants, and taking concrete action with the registrar,
> > the Board is dealing with the general political issue. I do expect some
> > statement soon. Also, we all know that this will be one of the hot topics at
> > the Lisbon public forum, which is little more than 4 weeks away.
> >
> > Best regards,
> > Roberto
> >
>
> --
> http://www.icannwatch.org   Personal Blog: http://www.discourse.net
> A. Michael Froomkin   |    Professor of Law    |   froomkin@xxxxxx
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
>                         -->It's warm here.<--

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402
E-Mail jwkckid1@xxxxxxxxxxxxx
 Registered Email addr with the USPS
Contact Number: 214-244-4827