[council] Notes and action items from today's next steps regarding temporary policy in relation to GDPR compliance meeting

Marika Konings marika.konings at icann.org
Mon May 21 22:41:15 UTC 2018

Dear All,

Please find below the notes and action items from today’s call. Attached you will find the slides shared during the meeting. The link to the recording and chat transcript will be circulated shortly.

Best regards,



Notes and Action items next steps regarding temporary policy in relation to GDPR compliance on Monday 21 May 2018 at 21:00 UTC.

See proposed agenda & slides:

  *   Background
  *   Current status & objectives
  *   Proposed immediate next steps
  *   Questions
  *   Reference slides: EPDP Initiation Request / Draft EPDP Timeline
  *   Discussion & next steps

Objective of today's meeting is to discuss procedure and process, not substance. A number of procedural steps that need to be decided upon first, substance is for subsequent discussions.

Flexibility likely needed in the charter as there is a likelihood that there may be further changes to the temporary specification as the Board is required to renew the temporary specification every 90 days. Will need to confirm with the Board whether changes are possible or whether it is only a reconfirmation of the originally adopted temporary specification. If changes are possible, what impact does that have on the PDP, does the clock restart?

Need clarification from the Board on intention and exact scope of the PDP. Are multiple tracks within the PDP an option or if the scope is narrow question, or would a parallel PDP be needed to consider a possible wholesale replacement for the temporary specification? Need to get clarity on which tracks are on 1 year clock and whether other tracks may have more flexibility.

Need to see list of policies and contractual clauses that are impacted by the temporary specification.

Proposed Immediate Next Steps (slide 5)
Action item #1: Need to confirm who would be on a follow up call with the ICANN Board (discuss during Thursday's Council meeting - 24 May)
Action item #2: If an EPDP is to be initiated, need to put together a drafting team to develop proposed EPDP Initiation Request.
Action item #3: Schedule additional Council meeting, possibly for 14 June (if agreement that it would be helpful to be able to consider possible EPDP Initiation Request prior to Panama)

Questions (slide 6)


  *   Expedited PDP seems to be the only option that would meet the timetable available.
  *   EPDP has to be initiated by Council. Supermajority support needed which means that nearly everyone needs to be on board with this approach if this path is chosen. If Council does nothing, Board will initiate a PDP which would take Council partly out of the driver's seat.
  *   Need to ensure that cope of work is realistic to deliver on within a year.
  *   May need an implementation check-list / parallel track that keeps track in parallel of implementation and implementation related issues to not have any kind of delay at the end of the process.
  *   Feedback from RDS PDP leadership team was that it was not feasible to repurpose that WG - Council will need to consider what happens with that effort in the meantime. Council to consider whether to terminate or suspend the PDP. See process outlined in the PDP Manual. May need direction from RDS PDP leadership team. May first need to understand the requirements of this effort, but doubt that it is possible to continue the RDS PDP WG at the same time as the EPDP.
  *   Need to decide which issues need to be decided within 365 days, which issues can be dealt with on a separate track or work stream 2 kind of approach.

EPDP Team Composition (see options outlined in attached possible next steps document)

  *   In order for this to succeed, it needs a relatively small and committed group, willing to work towards consensus.
  *   Need to keep group small.
  *   Consider read-only access to mailing list for non-members (publicly archived) to keep discussions focused.
  *   Need to think of ways to make it inclusive/transparent while keeping it effective.
  *   Responsibility and representation is key. Members would need to buy-in / sign off on the responsibilities associated with being a member. Need to work with respective groups that have appointed member to ensure positions are agreed to / signed off on.
  *   Lessons learned from RDS PDP WG may help in avoiding mistakes previously made.
  *   SG/Cs could apply mechanisms that were used in the CWG-Stewardship related work for internal discussions and consultations.
  *   Consider also the input provided in response to PDP3.0 discussions.
  *   CCWG minus model may meet requirements - not too exclusive or too inclusive to be disruptive.
  *   Cannot have people coming in cold - need some level of expertise / knowledge on the subject.
  *   Consider limiting membership to max 2 members per SG, instead of 3.

EPDP Leadership

  *   May be difficult to find someone with no strong position.
  *   Need clear and direct link to Council. Is liaison role the right one here or is something different needed. If a liaison is appointed, this would be a major responsibility.
  *   Could/should Council leadership take a proactive role?
  *   Need to balance Council involvement so that it is not to the detriment of other PDPs.

EPDP Working Methods

  *   How to optimize F2F time and is more F2F time needed? Until exact scope is known, it may be difficult to determine what additional F2F time is needed, if any. Could consider meeting prior to ICANN meetings like CCWG-Accountability? Look at experience of other groups.
  *   Resources needed will need to be part of the discussion with the Board as it has not been specifically budgeted for (as this was not on the cards when original budget was developed).
  *   Need mechanism to inform broader community - for example, monthly general assembly.

Timeline - See slide 10

  *   Council needs to set this up for success. Need to identify all questions, all variables so that when it is handed over to the EPDP, the Council has done the best it can in doing the necessary preparatory work to allow EPDP team to focus on the substance. Try to get it in a good position to kick things off at ICANN62 in Panama.

Action item #4: discuss on Council meeting on Thursday 24 May formation of drafting team to draft EPDP initiation request as well as EPDP Charter

From: council <council-bounces at gnso.icann.org> on behalf of Heather Forrest <haforrestesq at gmail.com>
Date: Monday, May 14, 2018 at 16:20
To: "arzaneh.badii at gmail.com" <arzaneh.badii at gmail.com>, "joan at npoc.org" <joan at npoc.org>, Joan Kerr <joankerr at fbsc.org>, Renata Aquino Ribeiro <raquino at gmail.com>, Paul Diaz <pdiaz at pir.org>, Graeme Bunton <gbunton at tucows.com>, "Selli, Claudia" <cs574w at intl.att.com>, Brian Winterfeldt <Brian at winterfeldt.law>, Wolf-Ulrich Knoben <wolf-ulrich.knoben at t-online.de>, GNSO Council List <council at gnso.icann.org>
Cc: "gnso-secs at icann.org" <gnso-secs at icann.org>
Subject: [council] Fwd: RDS message for circulation

Dear Council colleagues, SG/C Chairs,

On behalf of Council leadership, I would like to invite you to an informational webinar to discuss possible next steps in preparation for a possible adoption of a temporary policy / specification by the ICANN Board in relation to the interim model for GDPR Compliance. This webinar will be scheduled on Monday 21 May at 21.00 UTC.

The adoption of a temporary policy by the ICANN Board contemplates a Policy Development Process (PDP) which would need to be completed within the one-year timeline following adoption of the temporary policy. To ensure readiness of the GNSO Council in its role as manager of the PDP, Council leadership has documented possible next steps and related questions for your consideration (see attached document). These questions are purely focused on the process aspect of a possible expedited policy development process, as the substance will be dealt with at a subsequent stage. We are aware that there may be disagreement with regards to the approach ICANN Org and/or the ICANN Board are taking, but this is not the subject of our conversation, or the Council’s responsibility at this stage. What the Council will be responsible for is creating the optimal circumstances to allow this (E)PDP to succeed. As you can see from the draft timeline, time is of the essence. As such, it is of key importance that we work collaboratively and diligently, taking responsibility for and ownership of this important task. We hope we can all count on your support and commitment.

Rafik, Donna and I hope that as a result of this meeting Council members will be prepared to confirm a direction and next steps at our May GNSO Council meeting, which is scheduled for later that week.

Call details will be circulated by the GNSO Secretariat shortly.

Best wishes,

Heather Forrest
GNSO Chair

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