[council] Update on RDS/GDPR discussions with Board members

Ayden Férdeline icann at ferdeline.com
Sat Apr 14 23:09:29 UTC 2018

Donna, Heather, and Rafik-

Thank you very much for sharing these notes and the link to the call recording. I have just finished listening to it, and found it useful to hear the Board's thoughts -- and appreciate Heather asking the Board not to presume a fait accompli.

I understand this call was made before the Article 29 Working Party sent its 11 April letter to ICANN, however now that this letter has been received and ICANN has responded, I am wondering how this communication might impact the Board's thinking.

In its response, ICANN has indicated it is "studying all available remedies, including legal action in Europe to clarify our ability to continue to properly coordinate this important global information resource." Can we receive some clarification please, either from the Board or from ICANN org, as to what this legal action might entail?

Until further details become available as to what the grand strategy is here, I would not support the Council forming a small team to scope the possible needs and working methods of an Expedited PDP. To begin this now is too presumptuous.

However, I would welcome as a discussion item the proposal that the RDS PDP WG leadership present us a set of options to be discussed at our 26 April meeting. In the event that there is a proposal for an Expedited PDP, in or after May I do believe it would be appropriate for there to be upskilling of Councilors on the Expedited PDP process.

Thank you,

Ayden Férdeline

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On 13 April 2018 10:27 PM, Austin, Donna via council <council at gnso.icann.org> wrote:

> Dear Council colleagues
> In follow up to Heather’s previous note of 11 April 2018, please find attached a briefing that provides more information about the call between the Board, Council leadership and the RDS PDP WG leadership team. In addition, the briefing also discusses possible next steps and to that end we are seeking Council consideration of a number of options that have been proposed. We ask that you all take some time to review the briefing and encourage you to provide your thoughts on the list.
> We also note that this will be a discussion item for our Council meeting scheduled for 26 April 2018.
> Thanks
> Heather, Rafik and Donna
> From: council [mailto:council-bounces at gnso.icann.org] On Behalf Of Heather Forrest
> Sent: Wednesday, April 11, 2018 4:51 AM
> To: GNSO Council List <council at gnso.icann.org>
> Cc: RDS-Leaders-List <gnso-next-gen-rds-lead at icann.org>; Chuck <consult at cgomes.com>
> Subject: [EXTERNAL] [council] Update on RDS/GDPR discussions with Board members
> Dear Council colleagues,
> On behalf of Council leadership and the RDS PDP leadership team, I'm happy to provide a brief update, with more to follow soon.
> Today we (Chuck Gomes, Marc Anderson, Michele Neylon and David Cake from RDS PDP leadership and Donna, Rafik and I from Council leadership) attended a call with Cherine Chalaby, Goran Marby, Chris Disspain, Becky Burr, Matthew Shears, and Avri Doria, as envisaged in Cherine's letter of 23 March ([https://www.icann.org/resources/correspondence/1214411-2018-03-23-en](https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_correspondence_1214411-2D2018-2D03-2D23-2Den&d=DwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=CwipU91YB6EkpFXK9ynnT_QUef4yC5p7jpsDm8cU97g&m=MV-GHKhWT2qjQQ0rw6marQreZCxAFLQUNJw-B12yRDs&s=9QcUagvqV7nuIgDHSNU5Rm2idkDD-7-ENbSWC58Q9Ng&e=)) to discuss possible impacts of GDPR on GNSO policy. Our intention was to get a sense of what is on the Board's mind in this initial call and report this back so the community can decide who and how best to move forward on next steps.
> We are working on a briefing note on this morning's discussions, with a view to posting that to the Council list later this week along with the recording of the call. Among us on the two leadership teams we cover many time zones, so please bear with us as we manage the logistics of cooperating across these to get the briefing note to the list as quickly as possible.
> Many thanks and best wishes,
> Heather Forrest
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