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

Wed Jun 13 17:51:14 UTC 2018

I support Marie's suggestion.

Tony Harris

On Wed, Jun 13, 2018 at 8:04 AM, Marie Pattullo <marie.pattullo at aim.be>
wrote:

> I agree with all of that Michele. I’d also advance that as we will be
> asking for the WG to be populated with reps of the SGs/SOs etc., in the
> call for members we should specify that we are counting on those groups to
> put forward reps with the requisite – practical, hands-on – experience.
>
> Marie
>
>
>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Michele
> Neylon - Blacknight
> *Sent:* Wednesday, June 13, 2018 12:25 PM
> *To:* Rubens Kuhl <rubensk at nic.br>; GNSO Council List <
> council at gnso.icann.org>
> *Subject:* Re: [council] Suggestion for membership criteria of proposed
> Expedited Policy Development Process
>
>
>
> Rubens
>
>
>
> I agree.
>
>
>
> The key point that I think many of us agree on is that knowledge /
> training, call it what you will, is highly beneficial in general. One of
> the issues we ran into repeatedly in the RDS PDP was that people either
> were not familiar with the subject matter beyond their own, specific narrow
> interest and / or they had little to no familiarity with how ICANN’s
> processes in terms of policy development work.
>
>
>
> In the case of this ePDP any member of the group that is eventually formed
> will need to have a basic grounding in several key areas including privacy
> and GDPR.
>
>
>
> While certification is “nice” I also agree that it should not be a
> requirement and I would have issues with ICANN paying thousands of Euro to
> give people this kind of training. If someone wants to get certified in
> privacy / GDPR or anything else I’m sure that will help them further their
> careers, but last time I checked neither ICANN as a whole nor the GNSO
> specifically is a training camp for people.
>
>
>
> As for providing primers – I think it’s a good idea and if I can help I’d
> be happy to.
>
>
>
> Regards
>
>
>
> Michele
>
>
>
>
>
> --
>
> Mr Michele Neylon
>
> Blacknight Solutions
>
> Hosting, Colocation & Domains
>
> https://www.blacknight.com/
>
> http://blacknight.blog/
>
> Intl. +353 (0) 59  9183072
>
> Direct Dial: +353 (0)59 9183090
>
> Personal blog: https://michele.blog/
>
> Some thoughts: https://ceo.hosting/
>
> -------------------------------
>
> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
>
> Road,Graiguecullen,Carlow,R93 X265,Ireland  Company No.: 370845
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Rubens Kuhl
> <rubensk at nic.br>
> *Date: *Wednesday 13 June 2018 at 02:11
> *To: *GNSO Council List <council at gnso.icann.org>
> *Subject: *Re: [council] Suggestion for membership criteria of proposed
> Expedited Policy Development Process
>
>
>
> I'll repeat a point I made in chat today: requiring and providing training
> is not excluding, but requiring certification is. Actually, for who is
> paying for the training, the actual knowledge is more important than the
> certification, which only benefits the certified person. So while I would
> find reasonable that someone that happens to have a certification to excuse
> himself/herself from the training, I don't see us establishing a
> certification as requisite.
>
>
>
> And if that changes the price, every certification (opposed to training)
> should come on that person's dime, not GNSO's. And while I like IAPP
> because it seems to have a more neutral tone instead of the Europe x World
> Manichaeism, I believe we could look at other options.
>
>
>
> As for themes, I think that the other than GDPR could come from our
> internal development efforts. For instance, picket fence, trademarks, abuse
> investigation, registrar operations, RDAP... let me throw people under the
> bus without consulting them just to indicate how we could provide primer
> sessions on these angles making for a "Renaissance" WG:
>
> Picket Fence - Becky Burr
>
> Trademarks - Heather Forrest
>
> Abuse investigation - Dave Piscitello
>
> Registrar operations - Michele Neylon
>
> RDAP - Scott Hollenbeck
>
>
>
>
>
> Rubens
>
>
>
>
>
>
>
>
>
>
>
> On 12 Jun 2018, at 11:51, McGrady, Paul D. <PMcGrady at winston.com> wrote:
>
>
>
> Thanks Carlos.
>
>
>
> Actually, you agree with me.  I don’t think we should have any gatekeeping
> barriers, such as IAPP certifications, designed to exclude anyone.  But, if
> we are going to go down the path of exclusion, and I hope we don’t, it
> shouldn’t just be for one privacy skill set which would result in an
> unbalanced ePDP WG.  I think some 101 in both GDPR and Trademarks is more
> than sufficient to ensure everyone on the ePDP WG has a common vocabulary.
> I’m surprised by the resistance on the call today to the idea and the
> steadfast holding to the notion of gatekeeping IAPP certification which
> will result in exclusions from the team and undermine its outcomes from Day
> 1.
>
>
>
> Best,
>
> Paul
>
>
>
>
>
>
>
> *From:* Carlos Raul Gutierrez [mailto:crg at isoc-cr.org <crg at isoc-cr.org>]
> *Sent:* Tuesday, June 12, 2018 9:32 AM
> *To:* McGrady, Paul D. <PMcGrady at winston.com>
> *Cc:* Ayden Férdeline <icann at ferdeline.com>; GNSO Council List <
> council at gnso.icann.org>
> *Subject:* Re: [council] Suggestion for membership criteria of proposed
> Expedited Policy Development Process
>
>
>
> 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
>
> D: +1 312-558-5963
>
> F: +1 312-558-5700
>
> Bio <http://www.winston.com/en/who-we-are/attorneys/mcgrady-paul-d.html>
>  | VCard <http://www.winston.com/vcards/996.vcf> | Email
> <pmcgrady at winston.com> | winston.com <http://www.winston.com/>
>
> <image001.jpg>
>
>
>
>
>
> *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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