[Gnso-epdp-team] Proposed Agenda EPDP Team meeting #5 - Thursday 6 June at

Tue Jun 4 16:19:20 UTC 2019

Hi all,

In response to the attached document:

A) Proposal for the user group " registrants " be removed:

Reason:

a) Registrants generally do not use Whois to access their data, they 
access it through their service portal with their service provider.

b) It is not necessary for performance of contract as: see a)

c) Whois and RDAP do not provide data update functionality.

B) Proposal for the user group " end users " to be removed:

Reason:

a) End users do not have a sufficient legitimate interest that outweighs 
the interest of the data subject.

b) It is impossible to differentiate commercial and non-commercial use, 
which could be the only conceivable justification for the end user to 
request that data and even that is highly contestable.

c) End Users can access the public part of the registration record for 
listed purpose a). While purpose b) is benficial, there is no 
corresponding legal right that outweighs the interest of the data subject.

C) Proposal to break up User group "EU Law Enforcement into law 
enforcement of applicable jurisdiction" and "law enforcement of other 
jurisdiction" also add other similarly legally endowed entities like 
agencies with enforcement rights that are not strictly LEA.

Reason:

a) EU jurisdiction of LEA has no significance to Non-EU-based CPs.

b) Even within EU, LEA jurisdiction stops at country borders unless 
special treaty or agreement exists.

D) Proposal to change purposes of all LEA user groups to:
"Investigation or enforcement action within legal remit and 
jurisdiction, for example investigation of cybercrime or DNS Abuse"

Reason:

a) Purposes for all LEA actors should be aligned

b) Purpose of current EU LEA user group does not require actual criminal 
investigation, therefore is too broad.

E) Proposal to changes of purposes in IP user group:

1) First bullet: Change "parties using a domain name" to registered name 
holders or their representatives"

2) Second bullet: Change "registration data" to "domain name 
registration", remove "and "respond to fraudulent use of legitimate data"

3) Remove third bullet

Reasons:

1) Users of a domain name can be anyone, not just the registrant

2) Fraudulent use of legitimate data would only be detectable if data is 
already available. How would such a review even get triggered if data is 
redacted?

3) Hard to see how this purpose outweighs registered name holder rights 
to privacy.

4) IP User group only have legitimate interest in registration data when 
their rights are violated.

Remove user group: Commercial:

Reason: Wanting to buy a domain name is not a legitimate purpose that 
outweighs the rights of the registered name holders. If they wanted to 
sell it, they would open other venues. If not, purchase requests amount 
to unsolicited commercial mails that most forwarding services 
legitimately filter out for their customers.

Further thoughts: Academic Researcher and Security Researcher would need 
much more refining or everyone will apply as such.

Am 04.06.2019 um 17:00 schrieb Marika Konings:
>
> Dear EPDP Team,
>
> Please see below the proposed agenda for Thursday’s EPDP Team meeting. 
> Due to unforeseen circumstances, Steve Crocker will not be able to 
> attend so his presentation to the EPDP Team will be rescheduled for 
> another time. Please review the attached document prior to the meeting 
> in preparation for agenda item 6.
>
> Best regards,
>
> Caitlin, Berry and Marika
>
> *EPDP Phase 2 - Meeting #5 *
>
> *Proposed Agenda***
>
> Thursday, 6 June 2019 at 14.00 UTC
>
> 1.Roll Call & SOI Updates (5 minutes)
>
> 2.Confirmation of agenda (Chair)
>
> 3.Welcome and housekeeping issues (Chair) (10 minutes)
>
>   * SG/C/SO/AC input requests have been sent – deadline for input 21 June
>   * Working definitions
>   * Legal advisory group
>
> 4.Review of clarifying questions, concerns and/or background 
> information submitted in relation to GNSO Council -Board consultation 
> in relation to Board action on Phase 1 recommendations - see 
> https://www.icann.org/resources/board-material/resolutions-2019-05-15-en#1.b(Chair) 
> (15 minutes)
>
>      1. Overview of clarifying questions, concerns and/or background
>         information put forward
>      2. Discuss which of these have support of EPDP Team to be
>         submitted to GNSO Council
>      3. Confirm next steps
>
> 5.SSAD Priority 1 worksheet (15 minutes) (Marika)
>
>      1. Overview of input received – see
>         https://docs.google.com/document/d/1uoolznpxb0JxddFZA5n9ueRkB4tjDOQQCoMeQWpbiSc/edit?usp=sharing
>      2. Further comments / questions
>      3. Confirm next steps for finalization of priority 1 worksheet
>
> 6.SSAD – Topic c Topic: Define user groups, criteria and purposes / 
> lawful basis per user group (Marika) (60 minutes)
>
>      1. Review template developed by staff support team (see attached)
>      2. EPDP Team input
>      3. Confirm next steps
>
> 7.Any other business
>
>      1. Priority2 small team meetings update
>
> Reminder - Call schedule remaining priority 2 worksheets:
>
> ·*Wednesday, 12 June - 20:00 – 21.30 UTC *
>
> City field redaction
>
> Data Retention
>
> ·*Monday 17 June – 13:00 – 14:30 UTC*
>
> Potential OCTO Purpose
>
> Feasibility of unique contacts to have a uniform anonymized email address
>
> ·*TBC (post ICANN65)*
>
> Accuracy and WHOIS ARS
>
> 8.Wrap and confirm next meeting to be scheduled for Thursday, 13 June 
> at 14.00 UTC (5 minutes)
>
>      1. Confirm action items
>      2. Confirm questions for ICANN Org, if any
>
> */Marika Konings/*
>
> /Vice President, Policy Development Support – GNSO, Internet 
> Corporation for Assigned Names and Numbers (ICANN) /
>
> /Email: marika.konings at icann.org <mailto:marika.konings at icann.org> /
>
> //
>
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>
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-- 
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*

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