Whois vs GDPR, latest news

Thu May 17 01:18:54 UTC 2018

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 at theworld.com wrote:
> 
> 
>> On May 16, 2018 at 16:10 mureninc at 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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