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The Internet Corporation for Assigned Names and Numbers (ICANN) announced that a German High Court has ruled against ICANN’s plea to reconsider the Court’s own decision. ICANN has been pursuing a preliminary injunction from the German Court to require EPAG, a Germany-based, ICANN-accredited registrar (that is part of the Tucows Group) to continue to collect elements of WHOIS data, as required under ICANN’s Registrar Accreditation Agreement, which permits the registrar to sell domain name registrations for generic top-level domains.
ICANN received a ruling from the German Higher Regional Court in Cologne (“Appellate Court”) last week, that rejected ICANN’s request for review (“plea of remonstrance”) filed by ICANN on 17 August 2018. ICANN’s plea was filed to continue the immediate appeal in the ICANN v. EPAG injunction proceedings. ICANN initiated such proceedings against EPAG, to seek assistance in interpreting the European Union’s General Data Protection Regulation (GDPR) in order to protect the data collected in WHOIS. The Appellate Court again has determined that it would not issue an injunction against EPAG.
In making its ruling, the Appellate Court found that the preliminary injunction proceeding does not provide the appropriate framework for addressing the nature of the contractual disputes at issue, and that a decision in preliminary proceedings does not appear to be urgently needed.
ICANN claims that “the Appellate Court did not address the merits of the underlying issues with respect to the application of GDPR as it relates to WHOIS”. So what? The German court is not there to solve ICANN’s problems.
ICANN is continuing to evaluate its next steps in light of this ruling, including possible additional filings before the German courts, as part of its public interest role in coordinating a decentralized global WHOIS for the generic top-level domain system.
Yeah, ICANN should continue with its stupid GDPR court crusade and keep wasting our money. NOT!
ICANN should have had a WHOIS/GDPR solution months ago but clearly their incompetence is stopping them. so what they do is try to hide it by spending our money on German courts and ICANN attorneys.
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As a European living in Spain, I believe that everything should last a short time, since the guilty have already paid the fines imposed by the EU.
Happy day.
Jose.
Sorry but I don’t understand.
Hi, Konstantinos.
The GDPR created by the subject, the data of Facebook users etc. and this Social Network has already paid the fine imposed by the EU.
So I think that this harms the confrontation between two different laws that many US websites when wishing to enter is not allowed to me because they are from the EU.
I remember that President Mr. Obama made a pact with the EU on Legal Notices and Privacy Policies for websites etc, and everything worked correctly, until the arrival of the new President of this country Mr. Trump himself change this pact and All EU websites etc have to change and adapt to Mr. Trump’s rules.
We and myself that belong to the EU do not close the entrance to any website etc of the USA, I read in blogs of domainer (Country of ICANN) to do the same as other websites that nowadays I can not enter and visit the same web and if you do not do it is because I write myself as a comment:
What can I blame for the EU’s GDRP if the main problem of this new EU law is the fault of the data rebroadcast of many users and the main culprit is a US company (I did not have to write the name of the company) and then continue writing, what fault I have and the other domainer etc of the EU that any of you vote freely to the new President of your country Mr. Trump in reference to the change of the pact of the ex President Mr. Obama with the EU that previously I describe.
All the domainer that I subscribe to in your blog I can enter without any prohibition on one side of the Atlantic Ocean or Pacific Ocean.
I hope you understand now, what I write too briefly in my first comment of this his Post.
Everything must have a short ending, but I and the rest of us are not politicians
Happy Day.
Jose.