[governance] Proposed statement on .ORG sale

[Ayden Férdeline]

Hi Judith,

Happy to stand corrected if I’m wrong, but I don’t think that is the case. Firstly, such a policy applies only to whether or not ICANN org can force the disclose of personal information. Contracted parties have and maintain client data — not just Whois data, but billing data too. As data controllers they absolutely do retain this information and as best I am aware there is nothing that would prevent them from voluntarily releasing it.

Best wishes,

Ayden Férdeline

On Thu, Dec 5, 2019 at 21:13, Judith Hellerstein <judith at jhellerstein.com> wrote:

> HI Ayden,
>
> Thanks for the explanation but I do not think this is likely. I think it would violate the new who is policy
>
> Judith
>
> _________________________________________________________________________
> Judith Hellerstein, Founder & CEO
> Hellerstein & Associates
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> Opening Telecom & Technology Opportunities Worldwide
>
> On 12/5/2019 9:00 PM, Ayden Férdeline wrote:
>
>> Hi Judith,
>>
>> Thanks for your question. Here's an example of a human rights concern that I see with the proposed sale of PIR to Ethos Capital:
>>
>> Firstly, it has been [acknowledged](https://www.keypointsabout.org/) that Fadi Chehade’s company, Chehade & Company, is an adviser to Ethos Capital.
>>
>> [The Register hasreported](https://www.theregister.co.uk/2019/11/26/org_selloff_internet/) that Mr Chehade himself was seen at PIR's office last week during a meet-and-greet with PIR's staff.
>>
>> Mr Chehade is [co-chair of the advisory committee](https://www.theregister.co.uk/2015/12/18/ex_icann_ceo_will_work_with_china/) to the World Internet Conference in Wuzhen, and has other business dealings in China.
>>
>> Could .ORG registrants in China be assured, once Ethos Capital takes ownership of PIR, that if the Chinese government requested the contact information of a .ORG registrant, that Mr Chehade would not instruct Ethos Capital to do as the Chinese government wishes?
>>
>> I think this is an area of divergence where a PIR under ISOC's management may behave differently to a PIR owned by a company whose advisor has strong business interests in China. It's a theoretical example and I want to be careful about 'guilt by association', but I think there is a real risk here that a venture capital company is not going to care so much about the interests of their customers as a non-profit might. (Mind you, ISOC has not demonstrated much concern for them lately either, but that's a different issue...)
>>
>> Best wishes,
>>
>> Ayden Férdeline
>>
>> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
>> On Thursday, 5 December 2019 20:54, Judith Hellerstein [<judith at jhellerstein.com>](mailto:judith at jhellerstein.com) wrote:
>>
>>> HI Sheetal and Aiden
>>>
>>> While I agree with points 1 and 4 I do not understand what are the implications on human rights and not sure I agree with this statement. I also definitely do not agree with point 4
>>>
>>> - There are potential implications for human rights if the sale goes through (need to list/clearly enumerate these)
>>> - As a result, many members of IGC align themselves with the statements from EFF and Access Now and the call for an outright halt to the sale.
>>>
>>> Judith
>>>
>>> _________________________________________________________________________
>>> Judith Hellerstein, Founder & CEO
>>> Hellerstein & Associates
>>> 3001 Veazey Terrace NW, Washington DC 20008
>>> Phone: (202) 362-5139  Skype ID: judithhellerstein
>>> Mobile/Whats app: +1202-333-6517
>>> E-mail:
>>> Judith at jhellerstein.com
>>> Website:
>>> www.jhellerstein.com
>>> Linked In:
>>> www.linkedin.com/in/jhellerstein/
>>> Opening Telecom & Technology Opportunities Worldwide
>>>
>>> On 12/5/2019 8:48 PM, Sheetal Kumar wrote:
>>>
>>>> - There are potential implications for human rights if the sale goes through (need to list/clearly enumerate these)
>>>> - As a result, many members of IGC align themselves with the statements from EFF and Access Now and the call for an outright halt to the sale.
>>
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