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

Tue Sep 26 22:52:02 UTC 2017

John,

Without commenting on John’s or Jeremy’s main messages, I want to comment on the quote below from the report.  As you will see when you receive the principles document at the end of the week, the leadership team did not include it as a principle because it was simply a suggestion/recommendation.  We have captured those in a separate document that we will refer to as applicable; we include them there not because we endorse them but just so that we can consider them when applicable.

Chuck

From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Jeremy Kennelly
Sent: Tuesday, September 26, 2017 3:11 PM
To: John Bambenek <jcb at bambenekconsulting.com>
Cc: gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] FW: WSGR Final Memorandum

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 <mailto: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>  [mailto: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 <mailto: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 <mailto:marika.konings at icann.org>   

Follow the GNSO via Twitter @ICANN_GNSO

Find out more about the GNSO by taking our interactive courses <http://learn.icann.org/courses/gnso>  and visiting the GNSO Newcomer pages <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers> . 

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