Re: Whois vs GDPR, latest news

[Mike Hammett <nanog () ics-il net>]

Agreed. This is garbage, un-needed legislation. 




----- 
Mike Hammett 
Intelligent Computing Solutions 
http://www.ics-il.com 

Midwest-IX 
http://www.midwest-ix.com 

----- Original Message -----

From: "Owen DeLong" <owen () delong com> 
To: bzs () theworld com 
Cc: "Constantine A. Murenin" <mureninc () gmail com>, "North American Network Operators' Group" <nanog () nanog org> 
Sent: Wednesday, May 16, 2018 8:18:54 PM 
Subject: Re: Whois vs GDPR, latest news 

At this point if I were a registrar or registry doing business in such a way as to be subject to gdpr, I’d seriously 
consider spinning up a subsidiary only for that purpose and leave it with minimal revenues and nothing to collect in 
the event of a lawsuit. Either that or simply stop doing business with Europeans until their government comes to its 
senses. 

Fortunately For now I get to watch from the sidelines with amusement as this unfolds. 

Owen 

> On May 16, 2018, at 17:26, bzs () theworld com wrote: 
>
>
> > On May 16, 2018 at 16:10 mureninc () gmail com (Constantine A. Murenin) wrote: 
> > I think this is the worst of both worlds. The data is basically still 
> > public, but you cannot access it unless someone marks you as a 
> > "friend". 
> >
> > This policy is basically what Facebook is. And how well it played out 
> > once folks realised that their shared data wasn't actually private? 
>
> The problem is that once the data gets out it's out and in many cases 
> such as this WHOIS data only stales very slowly. 
>
> So one malicious breach or outlaw/misbehaving assignee and you may as 
> well have done nothing. 
>
> I suppose one could /reductio ad absurdum/ and ask so therefore do 
> nothing? 
>
> No, but perhaps more focus on misuse would be more productive. The 
> penalties for violations of GDPR are eye-watering like 4% of gross 
> revenues. That is, could be billions of dollars (or euros if you 
> prefer.) 
>
> We know how well all this has worked in 20+ years of spam-fighting 
> which is to say not really well at all. 
>
> It relies on this rather blue-sky model of the problem which is that 
> abuse can be reigned in by putting pressure on people who actually 
> answer their phone rather than abusers who generally don't. 
>
> Another problem is the relatively unilateral approach of GDPR coming 
> out of the EU yet promising application to any company with an EU 
> nexus (or direct jurisdiction of course.) 
>
> In that it resembles a tariff war. 
>
> -- 
> -Barry Shein 
>
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