[registration-issues-wg] [CPWG] [GTLD-WG] Final version of the ALAC Advice regarding the EPDP

Marita Moll mmoll at ca.inter.net
Mon Apr 15 08:26:04 UTC 2019


I have a major issue with that last sentence. The tone of it basically 
goes straight back to the "require" language. We are saying that the 
decisions made have not been fully informed -- well, after all those 
hours of consideration and all the money spent, more information is 
probably not the problem.

Although much of this statement does hinge around "information" -- new 
legal, studies, etc.-- I don't think it is necessary to throw in a final 
swat at the GNSO. It really won't help matters or get anyone further ahead.

Marita

On 4/15/2019 10:01 AM, Sebastien Bachollet wrote:
> Other questions
> Not sure about this
> GDPR, in rough terms, only applies to entities within the European 
> Economic Area (EEA) and to entities outside of the targeting 
> individuals resident within the EU.
> Maybe
> GDPR, in rough terms, only applies to entities within the European 
> Economic Area (EEA) and to entities outside THAT ARE (of the) 
> targeting individuals resident within the EU.
> ?????
>
> And 3 that??
> Last sentence
> *But it is critical that that, if the Board believes, as the ALAC 
> does, that the EPDP decisions must take all applicable issues into 
> consideration and make fully informed decisions, the Board needs to 
> ensure that this is fully understood by the GNSO and EPDP. *
> *
> *
> *Thanks*
> *SeB*
>
>> Le 15 avr. 2019 à 08:19, Bastiaan Goslings 
>> <bastiaan.goslings at ams-ix.net <mailto:bastiaan.goslings at ams-ix.net>> 
>> a écrit :
>>
>> Thanks for this - while I personally cannot support the ratification 
>> of the draft advice with a ‘yes’, it does look a lot better than 
>> earlier versions. For now my intention is to ‘abstain’.
>>
>>
>> In terms of wording/grammar:
>>
>> - On page 2, 'At the time the report was issued, there was also an 
>> outstanding question to the EPDP legal counsel whether ICANN’s 
>> presence in the EU imply that the GDPR apply ALL personal data 
>> regardless of location’ (et; )
>>
>> I think it should be ‘implies’ instead of ‘imply’, ‘applies’ in stead 
>> of ‘apply’, and there needs to be a ’to’ after the ‘applies’.
>>
>>
>> - On page 3, with regard to the advice itself, 'The ALAC advises the 
>> Board to request that the issue of legal/natural differentiation be 
>> discussed during the EPDP Phase 2 explicitly considering the 
>> competing needs of those using the data for cyber-security and other 
>> legitimate purposes.'
>>
>> From the sentence it is not clear (to me) what the ‘competing’ refers to.
>>
>>
>> - On page 4, part of the concluding remarks, 'The ALAC believes that 
>> the issues being raised here have not received sufficient full 
>> discussion’.
>>
>> ‘Received sufficient full discussion’ sounds strange to me. Maybe 
>> change into ‘The ALAC believes that the issues being raised here have 
>> not been sufficiently discussed’ ?
>>
>>
>> Anyway, thanks again, and with regards
>> Bastiaan
>>
>>
>>
>> ***  Please note that this communication is confidential, legally 
>> privileged, and subject to a disclaimer: 
>> https://www.ams-ix.net/ams/email-disclaimer  ***
>>
>>
>>
>>
>>> On 15 Apr 2019, at 08:03, Alan Greenberg <alan.greenberg at mcgill.ca 
>>> <mailto:alan.greenberg at mcgill.ca>> wrote:
>>>
>>> The errors caught by Marita and Sebastien are fixed in the attached 
>>> version.
>>>
>>> Alan
>>>
>>> At 14/04/2019 04:23 PM, Sebastien Bachollet wrote:
>>>> And if you fix that you may withdraw one of the two issues (the word).
>>>> SeB
>>>>
>>>> Envoyé de mon iPhone
>>>>
>>>> Le 14 avr. 2019 Ã  20:42, Alan Greenberg <alan.greenberg at mcgill.ca 
>>>> <mailto:alan.greenberg at mcgill.ca> > a écrit :
>>>>
>>>>> Thanks for catching that. Will fix. Alan
>>>>> --
>>>>> Sent from my mobile. Please excuse brevity and typos.
>>>>>
>>>>> On April 14, 2019 1:44:48 PM EDT, Marita Moll <mmoll at ca.inter.net 
>>>>> <mailto:mmoll at ca.inter.net>> wrote:
>>>>>
>>>>> One of the items still says require...
>>>>>
>>>>> "The ALAC advises the Board require that the issue of Thick WHOIS 
>>>>> issue be discussed during the EPDP Phase 2 in light of the new 
>>>>> legal opinion.
>>>>> Geographic Differentiation"
>>>>>
>>>>> Marita
>>>>> On 4/14/2019 3:22 PM, Alan Greenberg wrote:
>>>>>>
>>>>>> Attached is the final version being voted on by the ALAC.
>>>>>>
>>>>>>
>>>>>>
>>>>>> It is largely unchanged with the exception of "require"
>>>>>> being changed
>>>>>>
>>>>>>
>>>>>> back t "request" and an explanatory paragraph at the end.
>>>>>> This was
>>>>>>
>>>>>>
>>>>>> done after consultation to ensure that we were not perceived as not
>>>>>>
>>>>>>
>>>>>> understanding Board restrictions and to not give an "easy"
>>>>>> way of
>>>>>>
>>>>>>
>>>>>> rejected the advice ("we don't have that power").
>>>>>>
>>>>>>
>>>>>>
>>>>>> Alan
>>>>>>
>>>>>>
>>>>>>
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>>>>>>
>>>>>>
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>>>>>>
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>>>>>>
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>>>>>>
>>>>>>
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>>>>>>
>>>>>>
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>>>>>>
>>>>>
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