[gnso-rds-pdp-wg] FW: IMPORTANT

Fri Oct 13 18:22:45 UTC 2017

I believe the Art 29 group has commented on this matter, please check 
their website for the relevant documents, as I don't believe we have 
included them in our document respository.

Stephanie Perrin

On 2017-10-13 14:16, Ayden Férdeline wrote:
> Hi Jonathan,
>
>> the Privacy Directive, as I understand it is not superseded by GDPR
>
> I presume you are referring to the European Union's e-Privacy 
> Directive (2002/58/EC). If so, from what I understand it is currently 
> being updated so to be consistent with the GDPR. As of last month the 
> proposed revisions were with the Council of the European Union. I'm 
> not sure what movement there has been since then.
>
> Best wishes,
>
> Ayden Férdeline
> linkedin.com/in/ferdeline <http://www.linkedin.com/in/ferdeline>
>
>
>> -------- Original Message --------
>> Subject: Re: [gnso-rds-pdp-wg] FW: IMPORTANT
>> Local Time: 13 October 2017 1:51 PM
>> UTC Time: 13 October 2017 12:51
>> From: jonathan.matkowsky at riskiq.net
>> To: Chuck <consult at cgomes.com>, gnso-rds-pdp-wg at icann.org
>>
>> Chuck, I don’t understand how anyone can share government 
>> perspective, and not represent a group in doing so.
>>
>> I wanted to know whether leadership team has decided to conduct a 
>> DPIA, and if so, whether you are using the UK’s guide. I would think 
>> while it makes sense to be looking at the purposes of collection, 
>> what is primary and secondary cannot be the focus because that 
>> presupposes knowing who the controller is. We have not yet decided 
>> that as a working group. The memo did not necessarily take into 
>> account the role of offering accreditation services and ICANN’s mission.
>>
>> But it appears whether it’s primary or secondary doesn’t matter for 
>> purposes of defining purposes of collecting each data element.
>>
>> We are not defining the purposes of collecting Whois data but the 
>> data elements of the next generation of Whois. That’s what I meant 
>> the other day regarding RDS.
>>
>> To do that, we are not limited to the data elements that currently 
>> exist as when we go through this exercise to fulfill ICANN’s mission 
>> from ICANN’s perspective including all those involved in 
>> cybersecurity, or to offer accredited registration services. The 
>> primary purpose of accredited services is to fulfill the mission, and 
>> to provide that staple of a service to those that register names with 
>> an accredited registrar. It seems we need to carefully consider not 
>> only Spec 3 to the 2013 RAA but also Paragraph 14 to the 2017 global 
>> amendment to the registry agreement which says unique DNS records may 
>> be supportable in the RDS if RDAP supports it. We therefore need to 
>> know what RDAP can support, and at the very least need to consider 
>> all elements from RFC 7485. This is not a simple exercise, and will 
>> take **significant** time.
>>
>> As we undertake this, we must know from WS law firm what role the 
>> public directory service plays in the Privacy Directive, as I 
>> understand it is not superseded by GDPR, and Whois is a public 
>> directory. This is critical analysis we are possibly missing. Can you 
>> ask them to address this ASAP please?
>>
>> Thanks
>> Jonathan
>>
>> On Wed, Oct 11, 2017 at 11:35 AM Chuck <consult at cgomes.com 
>> <mailto:consult at cgomes.com>> wrote:
>>
>>     We have 34 volunteers at present; it would help a lot if we could
>>     get a lot more so that teams will not have to cover more than one
>>     of the nine purposes.
>>
>>
>>     Thanks much to the 34 of you who have volunteered.  I hope many
>>     more will complete the poll and volunteer in the remaining 6 or
>>     so hours of the poll.
>>
>>
>>     We are particularly low for the government perspective. 
>>     Remember, team members are not being asked to represent any group
>>     but rather to share their understanding of the perspective.
>>
>>
>>     Chuck
>>
>>
>>
>>
>>     *From:* gnso-rds-pdp-wg-bounces at icann.org
>>     <mailto:gnso-rds-pdp-wg-bounces at icann.org>
>>     [mailto:gnso-rds-pdp-wg-bounces at icann.org
>>     <mailto:gnso-rds-pdp-wg-bounces at icann.org>] *On Behalf Of *Lisa
>>     Phifer
>>     *Sent:* Tuesday, October 10, 2017 10:19 AM
>>     *To:* gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>>     *Subject:* [gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from
>>     10 October Meeting
>>     *Importance:* High
>>
>>
>>
>>     Dear all,
>>
>>
>>     In follow-up to this week’s WG meeting, *all RDS PDP WG Members*
>>     are encouraged to participate in the following poll:
>>
>>
>>     https://www.surveymonkey.com/r/5LXJRF3
>>
>>
>>     Responses should be submitted through the above URL. For offline
>>     reference, a PDF of poll questions can also be found at:
>>
>>
>>     https://community.icann.org/download/attachments/66086772/Poll-from-10OctoberCall.pdf
>>
>>
>>     *This poll will close at COB Wednesday 11 October.  Expressions
>>     of interest gathered through this poll will be used form drafting
>>     teams.*
>>
>>
>>     Please note that you _must be a WG Member_ to participate in
>>     polls. If you are a WG Observer wishing to participate in polls,
>>     you must first contact gnso-secs at icann.org
>>     <mailto:gnso-secs at icann.org> to upgrade to WG Member.
>>
>>
>>     Regards,
>>
>>     Lisa
>>
>>     _______________________________________________
>>     gnso-rds-pdp-wg mailing list
>>     gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>>     https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>>
>> -- 
>> Jonathan Matkowsky
>>
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>
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