[anti-abuse-wg] GDPR - positive effects on email abuse

Hi Carlos,

On Tue, May 29, 2018 at 03:38:08PM +0100, Carlos Friaas wrote:
>One can argue that a "real abuse contact" related to a DNS domain is 
>necessary for the contract's performance, no?
>The same is valid about the contract between RIPE/NCC and LIRs over 
>assigned IP address space, right?

You can argue that - it's the meat of the noyb ./. FB and Google
cases, aiui. 
You can also argue that publishing this data without any access
control is *not* necessary to the operation of the registry and
therefore access to services can't be made contingent on consent
to this. I predict there will be a court case over this very
soon.

cheers,
Sascha Luck



>
>Cheers,
>Carlos
>
>
>On Tue, 29 May 2018, Sascha Luck [ml] wrote:
>
>>On Tue, May 29, 2018 at 02:50:09PM +0200, Simon Forster wrote:
>>>Would you be able to point to the section of the GDPR which states 
>>>this? Admission: I have yet to make it to the end of the 88 pages 
>>>of the act without falling asleep.
>>
>>It derives (also the tenor of NOYB's filing, aiui) from Article
>>7(4):
>>
>>"4. When assessing whether consent is freely given, utmost
>>account shall be taken of whether, inter alia, the performance of
>>a contract, including the provision of a service, is conditional
>>on consent to the processing of personal data that is not
>>necessary for the performance of that contract."
>>
>>http://www.privacy-regulation.eu/en/article-7-conditions-for-consent-GDPR.htm
>>
>>cheers,
>>Sascha Luck
>>
>>>
>>>>The first case regarding this has already been filed:
>>>>https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177 <https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177>
>>>I appreciate a motion has been filed. However, I???d surprised if 
>>>the case purely revolved around this single point.
>>>
>>>It is positive that some of this stuff is going to be tested in 
>>>court sooner rather than later. Having said that, it may be 
>>><sarcasm> a day or two </sarcasm> before we get to see a final 
>>>judgement with no further appeals.
>>>
>>>All the best
>>>
>>>Simon
>>