[council] Suggestion for membership criteria of proposed Expedited Policy Development Process

Carlos Raul Gutierrez crg at isoc-cr.org
Tue Jun 12 14:31:42 UTC 2018


It was a very interesting Council call today, of which I could only follow
the initial 2/3 or so.

After the call I went back to this ideas of Ayden and Paul, and I found
myself in disagreement with both of you.

Maybe because I'm an economist that doesn't want to become a pseudo lawyer
in either trademark law or in data protection, my needs t o follow the ePDP
in case i'm not qualified to participate (only to vote...) are different:

My question is to what degree does WHOIS have a bias for or against both,
trademark law and GDPR. As some might know, we economist are all about
efficiency and efficiency loses. And my understanding is that any change in
WHOIS, either planned or imposed, creates great efficiency losses to our
members of the CPH. And in some cases, those efficiency loses cost a lot of
money!

The Bonner Landesgericht put an interesting efficiency concept on the
table: Datensparsamkeit. (something like be stingy with data -collection-).

So from my personal perspective, and I repeat, independently if I'm
qualified or not to be a member of the ePDP, my basic question is and would
remain until we vote on the policy proposal, is how a new regulation that
looks for collecting LESS data, can be an operational, or even financial
burden to the members of the CPH.

For that I don't need more knowledge on either Trademark and/or Privacy
Law. What I need are hard facts, best expressed by numbers of dollars.

With that SOI, I express my interest to be part of the ePDP, either as
member, or else as unqualified bystander with a vote on the final decision.

Carlos Raúl Gutiérrez
ISOC Costa Rica Chapter
skype carlos.raulg
+506 8837 7176
________
Apartado 1571-1000
COSTA RICA

On Thu, Jun 7, 2018 at 2:28 PM, McGrady, Paul D. <PMcGrady at winston.com>
wrote:

> Thanks Ayden.
>
>
>
> Tricky though, since those of us representing consumers that are protected
> by intellectual property laws from confusing misuses of marks often feel
> that those participating in WG’s don’t understand the fundamentals of
> trademark laws either.  Certainly in the case of this EPDP we would want
> people to have the basics of trademark law as well.  Perhaps instead of
> using these useful skills sets as gatekeepers, we ask staff to develop
> curriculum for the first session or two hitting these two issues and
> setting forth some basic vocabulary.  I’d be happy to participate with
> staff in the effort from the trademark side if you would be happy to
> participate with staff in the effort from the data protection side.
>
>
>
> Best,
>
> Paul
>
>
>
>
>
> *Paul D. McGrady *
>
> *Partner*
>
> Winston & Strawn LLP
> 35 W. Wacker Drive
> Chicago, IL 60601-9703
>
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>
> F: +1 312-558-5700
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>
> [image: Winston & Strawn LLP]
>
>
>
>
>
> *From:* council [mailto:council-bounces at gnso.icann.org] *On Behalf Of *Ayden
> Férdeline
> *Sent:* Thursday, June 07, 2018 3:12 PM
> *To:* GNSO Council List <council at gnso.icann.org>
> *Subject:* [council] Suggestion for membership criteria of proposed
> Expedited Policy Development Process
>
>
>
> Dear all,
>
>
>
> I have just finished reviewing the proposed agenda for our meeting next
> week along with the mindmap that Council leadership and staff have
> developed (thanks for doing this!).
>
>
>
> I would like to put forward a suggestion for the Expedited Policy
> Development Process (EPDP) team criteria. While the scope of the EPDP
> remains unclear at present, what I took away from the call between the
> Board and the Council on Tuesday was that compliance with the law is
> crucial. As such I think it is imperative that *all* members be able to
> demonstrate that they have a basic understanding of the principles and
> legal terms of data protection.
>
>
>
> I would like to request that any community member who is appointed to the
> EPDP, or staff member supporting the EPDP, be able to demonstrate they have
> completed at least 3 hours of data protection training. I do not think this
> would be a huge burden, but I think it would make work easier, as there
> should be a common understanding of essential terms.
>
>
>
> There are short half-day 'Data Protection 101' classes run by institutions
> like the policy neutral International Association of Privacy Professionals,
> whose courses only use definitions of terms that have been defined in law
> for over 20 years.
>
>
>
> For those who don't hold this certification, I would like to request that
> ICANN reimburse the members of the EPDP for their modest and reasonable
> costs in obtaining it.
>
>
>
> I would like to hear your thoughts here, however I would also like to ask
> that this suggestion please be given serious consideration. Thank you.
>
>
>
> Best wishes,
>
> Ayden Férdeline
>
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