[gnso-rds-pdp-wg] FW: WSGR Final Memorandum

[Jeremy Kennelly]

Especially since those laws are not immutable, so even if we agreed in
principle that they were an appropriate baseline today, even by the time
today's interpretation was codified the legal understanding and/or the
regulations themselves are likely to have changed.

It must feel to the group like I and others are being difficult on this
issue but this is not a good foundation for an international standard.  Do
we maybe need to look at standard that provides a baseline level of privacy
protection and guidance/building blocks for registrars and other
constituents with stricter legal requirements?

On Sep 26, 2017 5:54 PM, "John Bambenek via gnso-rds-pdp-wg" <
gnso-rds-pdp-wg at icann.org> wrote:

> I want to point out something on page 17, namely this quote:
>
> "We think the best way to avoid conflicts would be to try to bring the
> data processing practices of ICANN and the registrars in line with EU data
> protection law as much as possible, and to give primacy to EU data
> protection requirements when they clash with those of other jurisdictions."
>
> This is a patently offensive claim of European imperialism. One ventures
> down this road with great consequences.
> j
>
> On 9/26/2017 4:29 PM, Chuck wrote:
>
> As most of you recall, at the request of multiple WG members, we decided
> in early June to engage a law firm with experience in European data
> protection law to provide our WG with independent answers to the same
> questions we asked the European data protection experts earlier in the
> year.  The final report from that effort is what Marika sent to the list
> shortly after our WG call today; it is attached to this message as well.
>
>
>
> All members are requested to review this report by Friday of this week if
> possible.  The leadership team has prepared a list of principles that are
> excerpted from the WSGR Final Report and/or from the Data Expert answers
> that we think will be relevant to our ongoing work. We have asked the small
> advisory group that we formed in early June to review the principles and
> let us know if the excerpts are accurate and complete.  After they have had
> time to respond, we will finalize the principles document and send it to
> the full WG for all to review; our goal is to do that by the end of this
> week so that we can use it in our WG meeting next week.
>
>
>
> It is the opinion of the leadership team that the information the Data
> Protection experts provided has been confirmed by WSGR in their final
> report, albeit with more detail in some cases.  We also believe that our
> objective of obtaining an independent analysis of the questions has been
> met, so it is now time for us to put the information to use in answering
> the first four questions in our charter and that is the plan starting next
> week.  To facilitate that, the principles will be mapped to the first four
> charter questions, a task that is now underway.
>
>
>
> I am sure this WG could debate the answers received for the next six
> months but we are not going to do that.  We received answers from the Data
> Protection experts.  Some feared bias so we obtained an independent
> analysis.  That analysis confirms the information that we had already been
> given with some clarifying insights.  It is now time to apply that
> information to our deliberation and finish answering critical questions in
> our charter and develop RDS requirements for Phase 1.
>
>
>
> If I left anything out or anyone on the leadership team wants to add
> anything, please feel free to do.
>
>
>
> Chuck
>
>
>
> *From:* gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-
> bounces at icann.org <gnso-rds-pdp-wg-bounces at icann.org>] *On Behalf Of *Marika
> Konings
> *Sent:* Tuesday, September 26, 2017 9:54 AM
> *To:* gnso-rds-pdp-wg at icann.org
> *Subject:* [gnso-rds-pdp-wg] WSGR Final Memorandum
>
>
>
> Dear All,
>
>
>
> As discussed during today’s meeting, please find attached for your review
> and consideration the final memorandum from Wilson Sonsini Goodrich &
> Rosati, LLP (WSGR) concerning the final responses to EU data protection
> questions re. gTLD Registration Directory data. Chuck will follow up on
> this message shortly with further instructions and next steps.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *Marika Konings*
>
> *Vice President, Policy Development Support – GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN) *
>
> *Email: marika.konings at icann.org <marika.konings at icann.org>  *
>
>
>
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>
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>
>
>
>
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>
> --
> --
>
> John Bambenek
>
>
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