[gnso-rds-pdp-wg] ICANN @ IGF2017

[Michael Palage]

Hello All,

 

So I just finished listening to the IGF 2017 Session entitled ICANN -
Looking ahead - Challenges and Opportunities.   I would recommend this as a
MUST listen session when the archive is made available.  I was able to do a
screen scrape and capture the transcript for those that are interested I
could send to you directly. 

 

What I found rather concerning is a statement from Goran that ICANN would be
circulating three models with the community in January from which he would
choose one that would be the basis for ICANN compliance.   Here is that
specific excerpt:

 

And in a very short period of time we come up with three different models. I
always like three different models, that will be composed for the community
so the community can comment on potential solutions to this problem. And
after that, as Becky said, I have to make a decision. Because as the
President and CEO of ICANN I have to make a decision how my organize will be
compliant with the law.

 

I provided a remote intervention which asked the basis for how ICANN
predetermined that only three models would be considered by the community.
Listed below is the question and response from Goran:

 

>> How have we determined only three models will be considered by the
community. >> We have asked the community for giving us models and we seem
to -- and the reason I am saying three, it seems like the proposes we are
getting in from the community actually rotates around three different
solutions. So that's why. And we're going to publish them and we're going to
ask community for input on that. So we constructed a system for having that
input, but then we have to respond because it is very hard to motivate, to
go to the DPAs and say we think we now comply with the laws, but we also
have three alternatives to be in compliance with the law. I think that would
be a problem, and I say that as a former regulator.

 

I personally found this answer from Goran unacceptable. So I asked a
follow-up question toward the end of the session that does not appear to
have been captured in the transcript. Specifically I asked if ICANN could
share the three models they were considering now, instead of waiting until
January and his response was non-responsive.  Goran was again non responsive
to this question.

 

So here is my proposal for an additional topic for tomorrow's call.  ICANN
has largely been non-responsive (some in this group may characterize ICANN's
actions as being ignorant) to Data Privacy concerns for 18 years of its
existence. While the GDPR has recently gotten its attention, it has provided
de minimis  leadership in actually solving the problem, although it does
deserve credit for the WSGR and Hamilton Memos. However, I believe ICANN
OWES us a high level summary of the three model types it is considering NOW
(not in January). To be clear, I am NOT seeking access to the more specific
models that ICANN will drop on us in January.  I find it unacceptable that
ICANN is putting contracting parties at risk under GDPR while its CEO
decides which "one" model it will deem acceptable under ICANN compliance.
When convenient, ICANN cloaks itself in the joint controller paradigm yet
ignores the explicit wording of Article 26 which states "Where two or more
controllers jointly determine the purposes and means of processing, they
shall be joint controllers. They shall in a transparent manner determine
their respective responsibilities for compliance with the obligations under
this Regulation."  

 

I will stop this email now before I further expand upon my disappointment in
ICANN leadership regarding this subject as I need to finish a more in-depth
analysis of the Hamilton #2 memo before tomorrow's call. Perhaps Hamilton
memo #3 will arrive before Christmas (on the eve of ICANN's traditional
extended holiday shutdown period) because I am sure us humble volunteers can
re-arrange our holiday plans to read this before ICANN graciously shares
with the community its three pre-determined (yet highly guarded) models that
Goran will choose from.

 

Best regards,

 

Michael

 

 

 

 

 

 

 

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20171219/28855dd0/attachment.html>