[gnso-rds-pdp-wg] IMPORTANT: Action Items and Notes from the GNSO Next-Generation RDS PDP WG Call - 26 September 2017
jonathan matkowsky
jonathan.matkowsky at riskiq.net
Wed Sep 27 21:48:08 UTC 2017
Hi, team, I was curious what % of the working group attended the last call
where it was decided to nix the idea of a substitute variation of the
Original Registration Date? Unfortunately, with the Jewish holidays and
traveling in the last week, I am playing catch up. Thanks so much. Jonathan
On Tue, Sep 26, 2017 at 3:02 PM, Amr Elsadr <amr.elsadr at icann.org> wrote:
> Dear Working Group Members,
>
>
>
> Below, you will find the action items and notes from today’s WG call. The
> action items, notes, recordings and meeting materials have been posted to
> the meeting’s wiki page here: https://community.icann.org/x/amfwAw. The
> transcripts from today’s call will be posted to the same wiki page, when
> they are available.
>
>
>
> Also, please note that the Legal Analysis by WSGR has already been
> circulated to this mailing list (as per action item 3), and is now also
> posted on the WG wiki page *“Responses to RDS PDP WG Questions on Data
> Protection and Privacy Laws”* here: https://community.icann.org/x/J1zwAw.
>
>
>
> Thanks.
>
>
>
> Amr
>
>
>
>
>
> *Action Items:*
>
>
>
> 1. Staff to prepare one-question poll on proposed WG agreement
> (Original Registration Date); all WG members encouraged to participate in
> poll by COB Saturday 30 September
> 2. Staff to add the WG agreement to the Key Concepts Deliberation
> Working Draft document
> 3. Staff to circulate Legal Analysis by WSGR to the WG mailing list on
> 26 September
> 4. Leadership Team to circulate Excerpts Document to the full WG by
> COB 29 September
> 5. All WG members to review both the Legal Analysis and Excerpts
> Document before the next WG call on 3 October
> 6. Leadership Team to request ICANN presentation to WG on GDPR
> Compliance Task Force
>
>
>
> *Notes:*
>
> *These high-level notes are designed to help PDP WG members navigate
> through the content of the call and are not meant as a substitute for the
> transcript and/or recording. The MP3, transcript, and chat are provided
> separately and are posted on the wiki here: *
> *https://community.icann.org/x/amfwAw*
> <https://community.icann.org/x/amfwAw>
>
>
>
> 1) Roll Call/SOI Updates
>
>
>
> - No updates to SOIs declared
>
>
>
> 2) Complete deliberation on Original Registration Date
> <https://community.icann.org/download/attachments/66086756/Volunteer%20Team%20on%20Action%20Item%20regarding%20Original%20Registration%20Date%20-%2018%20Sep%20Update.pdf>
>
>
>
> - Recommendations from Drafting Team, and subsequent discussion on the
> WG mailing list, suggests that dropping this proposal for a new data
> element is the desired outcome
> - Drafting Team did not recommend that the RDS support the Original
> Registration Date, as defined by the EWG, but suggested an alternative data
> element, which did not gain much support on the WG mailing list discussion
> - No objection on the call to dropping Original Registration Date as a
> proposed new data element, either as defined by the EWG, or any other
> variations that were discussed as a result of the drafting team
> recommendations
>
>
>
> *Proposed WG Agreement* (to be confirmed by poll): There is no
> requirement for the Original Registration Date as proposed by the EWG Final
> Report.
>
>
>
> *ACTION ITEM:* Staff to prepare one-question poll on proposed WG
> agreement (Original Registration Date); all WG members encouraged to
> participate in poll by COB Saturday 30 September
>
>
>
> 3) Apply results of 20 Sept WG call/poll
> <https://community.icann.org/download/attachments/66086762/AnnotatedResults-Poll-from-20SeptCall.pdf?version=1&modificationDate=1506303093000&api=v2> to
> working document
>
>
>
> - *Question 2: There must be at least one purpose for collecting each
> data element in the MPDS, and that purpose must be sufficient for making
> that data element public*
>
>
>
> - Results of the poll (23 respondents): 86.96% agreed with this
> statement
> - Support for this statement is strong enough to be considered
> rough consensus and recorded as a WG agreement
>
>
>
> *WG Agreement:* There must be at least one purpose for collecting each
> data element in the MPDS, and that purpose must be sufficient for making
> that data element public
>
>
>
> *ACTION ITEM:* Staff to add the WG agreement to the Key Concepts
> Deliberation Working Draft document
>
>
>
> - *Question 3: Are the WG agreements on purpose(s) thus far (#5-#13)
> sufficient to meet the requirement stated in Question 2 above?*
> - Results of the poll (23 respondents): 68.18% agreed with this
> statement
> - Comments, including those from 5 WG members who disagreed with
> this statement, were submitted in the poll responses
> - Comments either suggested additional (or revised) purposes or
> argued that some agreed purposes should be deleted as purposes for MPDS
> collection
> - No additional comments on this question during the WG call
> - Defer discussion of this question until after the WG reviews the
> legal analysis memo, so that principles can be used to inform further
> deliberation on purposes
>
>
>
> 4) Introduce legal analysis memo prepared by WSGR
>
>
>
> - Memo was posted after call at https://community.icann.org/x/J1zwAw
>
>
> - Final memo providing independent legal analysis has been received
> and was distributed to the full WG immediately following this call
> - All WG members are asked to read the memo prior to the next WG call
> - The same questions developed by the WG to be asked of senior EU
> privacy experts were also asked of the legal counsel contracted to provide
> an independent analysis, WSGR
> - Findings in the legal analysis memo did not conflict with any of the
> responses to the questions provided by the senior EU privacy experts
> - Plan is to also circulate a list of un-editorialized principles
> excerpted verbatim from the responses from both the senior EU privacy
> experts and WSGR, which were found by the Leadership Team to be of
> relevance to the WG’s work
> - The Leadership Team also plans to map the excerpted principles
> against the PDP's Charter questions, to help inform further deliberation on
> those questions
> - Excerpts document will contain 3 columns; First column to include
> the verbatim responses from the senior EU privacy experts, the second to
> include the verbatim responses from WSGR, and the third to include the
> principles excerpted from the first two columns
> - Leadership Team expecting feedback on accuracy and completeness of
> the Excerpts Document from the legal advisory team and plans to circulate
> excerpts to the full WG no later than Friday 29 September
> - WG to use input from senior EU privacy experts and independent legal
> analysis to speed up progress in answering Charter questions
> - Input by senior EU privacy experts and WSGR to this PDP may be
> helpful in informing other ICANN efforts to resolve issues with GDPR
> - Additional discussion related to GDPR Compliance Task Force
> - WG needs to have an understanding of the parallel efforts of
> ICANN’s GDPR Compliance Task Force in order to understand the extent to
> which they might impact the mandate of this PDP - possibly via a
> presentation/webinar organized by the WG Leadership Team
> - Transparency of ICANN’s GDPR-related efforts has not been ideal,
> so Leadership Team might examine coordination with others more closely
> involved
> - ICANN is involved as a data controller in processing data of
> community members, as well as placing contractual obligations for data
> processing on contracted parties, which may conflict with the EU GDPR
> - ICANN seeking expert legal advice on how to instruct contracted
> parties to comply with their contracts, while also resolving any issues
> with GDPR compliance
> - WG needs to understand (in the short-term) what is happening, and
> (in the long-term) how the GDPR Compliance effort for today’s WHOIS will
> impact the work of this PDP
> - Might be useful to have an update on all RDS-related activities
> on-going within ICANN (including the RDS-WHOIS-RT)
> - When the GDPR comes into effect in May 2018, serious fines might
> be levied on contracted parties and/or ICANN if measures are not put in
> place with the existing WHOIS mechanism - this PDP WG will likely not be
> done with developing policies for a next-generation RDS, nor will they be
> implemented by the May 2018 deadline
> - ICANN's attempt to resolve today's WHOIS with GDPR may inform the
> PDP WG on possible solutions
> - Important to separate what is happening with ICANN and GDPR
> compliance for today's WHOIS versus what this PDP is mandated to do (i.e.,
> recommend requirements and policy for next-generation RDS)
> - Concern expressed that ICANN has not availed itself of all the
> knowledge and work already done within this PDP WG
> - One view expressed: ICANN's focus appears to be on concerns of
> contracted parties, not users of WHOIS - need transparency on what ICANN is
> asking DPAs around the world. Questions being asked of DPAs need to be fair
> and balanced to represent concerns of all stakeholders.
> - Likely that this WG will require additional legal advice in the
> future, and WG Leadership Team should prepare for that eventuality. Note
> that this WG’s charter includes legal analysis of proposed requirements,
> proposed policies, and proposed implementation guidance, when the WG
> reaches each of those points in the PDP
> - When it takes place, stakeholders should contribute to the FY19
> budget process to help ICANN prepare for any budgetary considerations that
> may be required in the foreseeable future
> - In advance of ICANN 59, Becky Burr contacted staff to request
> links to existing use cases developed by this WG and previously developed
> by the EWG. This request answered by providing links to those uses cases;
> we do not know to what extent these were eventually used by the GDPR
> Compliance Task Force. WG members also noted in chat that they contributed
> EWG/WG use cases to the task force on behalf of their own SGs.
>
>
>
> *ACTION ITEM:* Staff to circulate Legal Analysis by WSGR to the WG
> mailing list on 26 September
>
> *ACTION ITEM:* Leadership Team to circulate Excerpts Document to the full
> WG by COB 29 September
>
> *ACTION ITEM:* All WG members to review both the Legal Analysis and
> Excerpts Document before the next WG call on 3 October
>
>
>
> *ACTION ITEM:* Leadership Team to request ICANN presentation to WG on
> GDPR Compliance Task Force
>
>
>
> 5) Confirm action items and proposed decision points
>
>
>
> *ACTION ITEM:* Staff to prepare one-question poll on proposed WG
> agreement (Original Registration Date); all WG members encouraged to
> participate in poll by COB Saturday 30 September
>
> *ACTION ITEM:* Staff to add the WG agreement to the Key Concepts
> Deliberation Working Draft document
>
> *ACTION ITEM:* Staff to circulate Legal Analysis by WSGR to the WG
> mailing list on 26 September
>
> *ACTION ITEM:* Leadership Team to circulate Excerpts Document to the full
> WG by COB 29 September
>
> *ACTION ITEM:* All WG members to review both the Legal Analysis and
> Excerpts Document before the next WG call on 3 October
>
> *ACTION ITEM:* Leadership Team to request ICANN presentation to WG on
> GDPR Compliance Task Force
>
>
>
> *WG Agreement:* There must be at least one purpose for collecting each
> data element in the MPDS, and that purpose must be sufficient for making
> that data element public.
>
>
>
> *Proposed WG Agreement* (to be confirmed by poll): There is no
> requirement for the Original Registration Date as proposed by the EWG Final
> Report.
>
> *Meeting Materials:*
>
> - *20 September Call poll (closed COB Saturday 23 September)*
> - *Link to participate: **https://www.surveymonkey.com/r/V7WVBPY*
> <https://www.surveymonkey.com/r/V7WVBPY>
> - *PDF of Poll Questions: **Poll-from-20SeptemberCall.pdf*
> <https://community.icann.org/download/attachments/66086756/Poll-from-20SeptemberCall.pdf?version=1&modificationDate=1505933748000&api=v2>
> - *SurveyMonkey Summary Poll Results: *
> *SummaryResults-Poll-from-20SeptCall.pdf*
> - *SurveyMonkey Raw Data Poll Results: *
> *RawDataResults-Poll-from-20SeptCall.zip*
> <https://community.icann.org/download/attachments/66086762/RawDataResults-Poll-from-20SeptCall.zip?version=1&modificationDate=1506303068000&api=v2>*
> and **XLS*
> <https://community.icann.org/download/attachments/66086762/RawDataResults-Poll-from-12SeptCall.xlsx?version=1&modificationDate=1506303081000&api=v2>
> - *Annotated Survey Results: *
> *AnnotatedResults-Poll-from-20SeptCall.pdf*
> <https://community.icann.org/download/attachments/66086762/AnnotatedResults-Poll-from-20SeptCall.pdf?version=1&modificationDate=1506303093000&api=v2>
> - *Drafting Team Action Item Response regarding "Original Registration
> Date" **Original Registration Date - 18 September 2017*
> <https://community.icann.org/download/attachments/66086756/Volunteer%20Team%20on%20Action%20Item%20regarding%20Original%20Registration%20Date%20-%2018%20Sep%20Update.docx?version=1&modificationDate=1505773044000&api=v2>*
> and **pdf*
> <https://community.icann.org/download/attachments/66086756/Volunteer%20Team%20on%20Action%20Item%20regarding%20Original%20Registration%20Date%20-%2018%20Sep%20Update.pdf?version=1&modificationDate=1505773062000&api=v2>
> - *Legal Analysis Memo prepared by WSGR (to be posted after call at *
> *https://community.icann.org/x/J1zwAw*
> <https://community.icann.org/x/J1zwAw>*)*
>
>
>
> 6) Confirm next WG meeting (Tuesday 3 October at 16.00 UTC)
>
>
>
> _______________________________________________
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> gnso-rds-pdp-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>
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