[Gnso-epdp-team] EPDP Phase 1, Rec 17.2 Study: Legal/Natural Differentiation

[Volker Greimann]

Thank you for this report. While there is likely much to discuss, this
provides a good basis for further discussion once this issue is deliberated
in an upcoming PDP. It certainly made for some interesting reading, but I
don't think it can be seen as a breakthrough that would allow us to extend
the EPDP.

Best,

-- 
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*

T: +49 6894 9396901
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Key-Systems GmbH is a company registered at the local court of
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CEO: Oliver Fries and Robert Birkner

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England and Wales with company number 8576358.


On Wed, Jul 8, 2020 at 8:59 PM Eleeza Agopian <eleeza.agopian at icann.org>
wrote:

> Dear EPDP team,
>
>
>
> Please see the below note and attached study on legal/natural
> differentiation from Karen Lentz, Senior Director, Policy Research & Data
> Services.
>
>
>
> Thank you,
>
>
>
> Eleeza and Dan
>
> ICANN org liaisons
>
>
>
> ------
>
>
>
> Dear EPDP Team,
>
>
>
> Attached is the report on risks, costs, and feasibility of differentiation
> between legal and natural persons, per the EPDP Phase 1 recommendation
> 17.2.  Some key points are summarized below.
>
>
>
> ·         We were asked to respond to the Phase 1 recommendation 17.2 on
> evaluating the risks, costs, and feasibility of differentiating between
> legal and natural persons in registration data directory services.
>
>
> ·         The report is to help inform the policy deliberations, and does
> not provide policy recommendations.  As discussed with the EPDP Team,
> providing recommendations or normative assessments as to the
> differentiation between Legal and Natural persons was not in scope for the
> study.
>
>
> ·         The report reviews available analysis on this topic, including
> a review of academic literature and legal advice, as well as inputs from a
> questionnaire sent to the EPDP Team and ICANN Community with questions on
> differentiation.
>
>
> ·         The study uses a model that illustrates how risks,
> costs/benefits and feasibility are affected under different policy
> scenarios.  The aim is to demonstrate how changing a variable at the policy
> level affects the system as a whole.
>
>
>
> ·         The report finds that differentiation would, in effect,
> redistribute the risks and costs associated with processing registration
> data.
>
>
>
> ·         End-users of registration data noted a number of risks and
> costs from having access to fewer data records as a result of the data
> redaction associated with applicable laws and policies (e.g., decreased
> cybercrime and/or intellectual property enforcement capabilities).
>
>
>
> ·         The model presented illustrates how this redistribution of
> risks and costs might change under a policy requiring differentiation.  In
> such a scenario, contracted parties would bear many of the costs and risks
> associated with differentiation, such as the cost of devising and
> implementing an accurate and reliable method to differentiate, as well as
> the risk of legal liability should such a method fail to accurately
> differentiate.
>
>
>
> ·         Differentiation could pose a cost to natural person
> registrants, if it results in some proportion of natural person registrant
> data being published as a result of error or negligence.
>
>
>
> ·         The benefits of differentiation, as well as the impact of
> measures to mitigate the risks and costs of differentiation, may outweigh
> these risks and costs under a scenario in which differentiation is a policy
> requirement. It remains for the EPDP Team to determine the relative balance
> of these factors as they deliberate on the topic.
>
>
>
> I understand the Phase 2 team is closing with its work plan and will not
> be addressing the differentiation issue in its Final Report. Nonetheless we
> wanted to share the information, which can also be used as a basis for
> continuing discussion, as the GNSO Council is discussing how to proceed
> with the priority 2 issues.
>
>
>
> I also acknowledge that the report delivery is later than we hoped.  We
> appreciate the team’s interest in this and can support further discussion
> at the relevant phase, and when the Team has had an opportunity to review.
>
>
>
> Best regards,
>
> Karen
>
>
>
> --
>
>
>
> Karen Lentz
>
> Senior Director, Policy Research & Data Services
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
>
>
>
> Mobile:  +1 310 895 3637
>
> www.icann.org
>
>
>
>
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