[gnso-rds-pdp-wg] IMPORTANT: Notes from RDS PDP WG Meeting - 30 January
Carlton Samuels
carlton.samuels at gmail.com
Wed Jan 31 00:57:52 UTC 2018
...and while were at it, take a load of this....
https://www.icann.org/en/system/files/correspondence/avramopoulos-et-al-to-marby-29jan18-en.pdf
-Carlton
==============================
*Carlton A Samuels*
*Mobile: 876-818-1799Strategy, Planning, Governance, Assessment &
Turnaround*
=============================
On Tue, Jan 30, 2018 at 7:13 PM, Lisa Phifer <lisa at corecom.com> wrote:
> *Dear all,*
>
> *Below please find notes from today’s RDS PDP WG meeting.*
>
> *To recap Action Items from today’s call:
> https://community.icann.org/x/8ge8B <https://community.icann.org/x/8ge8B>*
>
> *Action:* Chair to confirm change of VC on mailing list.
>
> *Proposed WG agreement (subject to revision and confirmation via poll):* The
> WG will use the following non-exhaustive list of criterion to determine if
> any proposed purpose for processing registration data may be legitimate:
> (a) The purpose must not be inconsistent with ICANN's mission, (d) The
> purpose must be inherent to the functionality of the DNS, AND (x) The
> purpose must satisfy at least one legal basis for processing as defined by
> data protection laws.
>
> *Action:* Leadership team to refine above proposed agreement to develop
> poll about this point, along with repeat of Q3 from last week's poll, with
> additional granularity, based on agreed criteria. WG members encouraged to
> participate in poll no later than Saturday COB.
>
> *Best regards,*
> *Lisa*
>
>
>
> *Action Items and Notes from RDS PDP WG Call – 30 January 2018*
>
> *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.*
>
> 1. Roll Call/SOI Updates
>
> - Please mute when not speaking and give your name when speaking for
> the transcript
> - SOI Updates:
> - Andrew Sullivan will be a member of the IETF Administrative
> Oversight Committee starting at the IETF meeting in March
> - Chuck Gomes updated his SoI to reflect his support from Verisign
> although he is no longer representing Verisign's interests or the RySG
> - Mason Cole has left Donuts and joined Perkins Coie
> - Confirm Alex Deacon as a member of the WG Leadership Team to replace
> Susan.
>
> *Action:* Chair to confirm change of VC on mailing list.
>
> 2. Discuss list of criteria that make purposes legitimate for processing
>
> a. See GDPR definition of processing and Q2 poll results
> <https://community.icann.org/download/attachments/79431666/CommentSummary-24JanuaryPoll-v3.pdf?version=1&modificationDate=1517268227000&api=v2>
>
> - Handout: https://community.icann.org/download/
> attachments/79431666/Handout-30January-RDSWGCall.pdf
> <https://community.icann.org/download/attachments/79431666/Handout-30January-RDSWGCall.pdf>
> - Question 2 from last week's poll:
> *Do you support the proposed WG Agreement from last week: Criteria to
> be used to determine whether any proposed purpose is legitimate for
> processing registration data are: a) In support of ICANN's mission; b) A
> legitimate interest pursued by the data controller; c) Necessary for the
> fulfillment of a contract; d) Inherent to functionality of the DNS; e) In
> the public interest; or f) Necessary for compliance with a legal
> obligation.*
> - See GDPR definition on handout slide 3
> <https://community.icann.org/download/attachments/79431666/Handout-30January-RDSWGCall.pdf>
> - Comment Summary: https://community.icann.org/download/
> attachments/79431666/CommentSummary-24JanuaryPoll-v3.pdf
> <https://community.icann.org/download/attachments/79431666/CommentSummary-24JanuaryPoll-v3.pdf>
> - Overall, 54% supported ALL listed criteria
> - Comment Summary shows level of support for each listed criteria,
> ranging from 74 - 57%
> - Summary also shows level of explicit opposition to each listed
> criteria
> - General Comments Discussion:
> - All are encouraged to review the AC recording or transcript of
> the previous call to catch up before participating poll whenever possible -
> this will improve efficiency of discussions
> - Does anyone disagree with the statement that this list of
> criteria must be non-exhaustive?
> - Comments: Criteria should be fixed because ICANN's mission is
> fixed, GDPR should apply to personal data collected in applicable
> jurisdictions, as Internet evolves we may find that other data is needed so
> cannot be static, "Valuable and useful to law enforcement" is not enough to
> mandate collection - or another view: it is if that information is deemed
> important for protecting the DNS. and confidence in it
>
> Option a) In support of ICANN's mission
>
> - 74% support, 1 person explicitly opposed this criteria
> - Comments about Option a:
> - Are a) AND d) the only valid criteria? No, they are required
> but other reasons are valid as well
> - Do we need to examine all of the criteria before polling (as
> we did on the last call)?
> - Show of hands show more disagreement than agreement at this
> stage of discussion
> - Proposal: (a) would better be phrased as "not inconsistent
> with ICANN's mission"
> - Conclusion: Reasonably strong support for a) as one criteria for
> determining whether a purpose is legimate for processing registration data
> in some way.
>
> Option b) A legitimate interest pursued by data controller(s)
>
> - 60% supported, 7 comments explicitly opposed this
> - Comments about Option b:
> - Not clear at this point precisely who the data controllers ARE
> - This shouldn't exclude legitimate interests of third parties
> or data processors as enumerated by GDPR
> - This is a legal basis for processing not a criteria or a
> purpose
> - Why do we have criteria other than a) and d) or e)?
> - Are "third parties" = "operators on the Internet not involved
> in the registration of the domain name"
> - Is this a proxy discussion for how WG members view
> availability of registration data?
> - Conclusion: Possible approach to simplify list without
> enumerating all of the legal bases from GDPR:
> - The list of criteria could be [ a) plus d) ] plus a new
> criteria that the purpose must satisfy at least one legal basis for
> processing as defined by GDPR and other data protection laws (where a/d may
> be reworded)
> - Is a) a superset of d) - if so are both needed? They are not
> exclusive.
> - What is the implication of AND or OR in the proposed WG
> agreement? Would a purpose have to satisfy all 3 (AND) or just one (OR)?
>
> b. Determine next steps to reach agreement on criteria
>
> *Proposed WG agreement (subject to revision and confirmation via poll):* The
> WG will use the following non-exhaustive list of criterion to determine if
> any proposed purpose for processing registration data may be legitimate:
> (a) The purpose must not be inconsistent with ICANN's mission, (d) The
> purpose must be inherent to the functionality of the DNS, AND (x) The
> purpose must satisfy at least one legal basis for processing as defined by
> data protection laws.
>
> *Action:* Leadership team to refine above proposed agreement to develop
> poll about this point, along with repeat of Q3 from last week's poll, with
> additional granularity, based on agreed criteria. WG members encouraged to
> participate in poll no later than Saturday COB.
>
> 3. Discuss list of purposes to determine which are legitimate for
> processing based on criteria - DEFERRED TO NEXT WEEK
>
> 4. Confirm agreements for polling & next steps
>
> *Action:* Chair to confirm change of VC on mailing list.
>
> *Proposed WG agreement (subject to revision and confirmation via poll):* The
> WG will use the following non-exhaustive list of criterion to determine if
> any proposed purpose for processing registration data may be legitimate:
> (a) The purpose must not be inconsistent with ICANN's mission, (d) The
> purpose must be inherent to the functionality of the DNS, AND (x) The
> purpose must satisfy at least one legal basis for processing as defined by
> data protection laws.
>
> *Action:* Leadership team to refine above proposed agreement to develop
> poll about this point, along with repeat of Q3 from last week's poll, with
> additional granularity, based on agreed criteria. WG members encouraged to
> participate in poll no later than Saturday COB.
>
> 5. Confirm next meeting: Tuesday 6 February at 17:00 UTC
>
> - February call schedule Tuesdays @ 17:00 except for Wednesday Feb 21
> @ 06.00
>
> *Meeting Materials*: https://community.icann.org/x/8ge8B
>
> _______________________________________________
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>
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