[council] Status Update: Privacy and Proxy Services Accreditation Implementation Review Team

Darcy Southwell darcy.southwell at endurance.com
Tue Jun 19 15:52:15 UTC 2018



I wanted to provide you with an update on the Privacy and Proxy Services Accreditation Implementation Review Team in advance of our Council meeting in Panama City.  Overall, the IRT is progressing, albeit quite slowly.  There have been quite a few concerns raised about GDPR’s impact on this program, while others have expressed significant concern over the delays in going to public comment.  Her are the three key items in progress:

Accreditation Agreement:  Latest version was provided to the IRT on June 13 and is under review by IRT members.  The disagreement between IRT members regarding the 24-hour response timeline highlighted for you in April remains.
Accreditation Pricing:  Accreditation pricing details were provided to the IRT on May 22 with updates were provided June 13.  IRT members continue to review.  Some IRT members have challenged some of ICANN org’s assumptions (e.g., 250 applicants) and have open questions about certain activities (e.g., “data retention waiver”).  Based on staff communications, the proposed fee structure will be published for public comment and ICANN org committed to revisiting the proposed fees persuasive reasons to revisit are raised during public comment.
Data Escrow Specification:  Latest version was provided to the IRT on June 15 and is under review by IRT members.  ICANN org is still preparing the documentation that will be required to support the allowance for registrar-affiliated privacy/proxy providers to meet their data escrow requirements.

Regarding public comment timing, that currently hinges on the results of ICANN Legal’s review of the documents for GDPR and other matters, which is expected to be done by the end of June.  If few issues are identified, these materials could be ready to go out for public comment by the end of July (following IRT review/discussion of Legal’s comments).  But if the review identifies more significant issues that must be resolved prior to public comment, publication could be later than that.





From: Darcy Southwell <darcy.southwell at endurance.com>
Date: Monday, April 2, 2018 at 12:35 PM
To: GNSO Council List <council at gnso.icann.org>
Subject: Status Update: Privacy and Proxy Services Accreditation Implementation Review Team


Dear Councilors,


I wanted to provide you with an update regarding the Privacy and Proxy Services Accreditation Implementation Review Team.  


Accreditation Agreement

IRT members have been working with Staff for some time on the draft accreditation agreement and have gotten to a place where most of the language is supported by a general consensus.  However, there is one key issue that remains unresolved – the PSWG insists the contract require Privacy/Proxy providers to respond to “high priority” requests within 24 hours.  In Puerto Rico, a small group of registrars met with key PSWG representatives to try to reach a resolution on this issue, and then the entire IRT working group met again to continue attempts to reach a resolution.  The discussion has continued on the email list, but remains unresolved.  


It is the PSWG’s position that disclosure of customer information for “high priority” requests must be done within 24 hours because lives are in danger.  They were clear in their statements during the small group meeting in Puerto Rico that these “high priority” requests should ideally be responded to immediately upon receipt but at least within one hour.  The PSWG feels they have compromised extensively by agreeing to 24 hours.


Registrar members of the IRT are concerned with the contractual language for a few reasons:  (1) it creates a presumption of immediate disclosure (assuming the provider doesn’t have to perform any investigation/verification relating to the request, (2)  a potential demand to bypass or ignore due process, and 3) creates an unworkable expectation of privacy/proxy providers around the globe, many of whom who do not operate with 24x7 staffing for this type of issue.  Some registrar members have also expressed concern that establishing this 24-hour disclosure requirement is stepping beyond the policy recommendations of the PDP and effectively creating new policy.


Accreditation Pricing

In Puerto Rico, Staff presented its accreditation pricing model, based on simple cost recovery for ICANN.  IRT member asked a number of questions about the detail behind the pricing model, and await that detail from Staff.  Based on various meetings in Puerto Rico, some IRT members expressed concern that the pricing model simply mirrors the registrar accreditation model and was not based on any sort of actual cost-recovery plan.  And as mentioned on the Council list last month and during our Council meetings in Puerto Rico, there is also concern that some affected departments within ICANN org are not aware of the impact this program may have on its needs for personnel or other support.


Data Escrow Specification

Significant revisions were needed by Staff to adjust the current registrar data escrow specification to fit into this accreditation program.  Staff is expected to deliver that draft to the IRT this week.


Last week’s meeting was canceled due to the AdobeConnect issues. This week’s meeting was canceled to allow staff time to get the data escrow specification draft done and circulated to the members.  Next meeting should be Tuesday, April 10.  Staff has indicated the proposed documents will be ready for publication for public comment in late April or Early May.


I understand this issue will be listed for discussion on our April 26, 2018, Council meeting agenda.






Darcy Southwell | Compliance Officer

M: +1 503-453-7305 │ Skype: darcy.enyeart


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