[council] EPDP & Accreditation/Access Model

McGrady, Paul D. PMcGrady at winston.com
Fri Sep 21 08:11:00 UTC 2018

Thanks Rafik.  Thanks Darcy.

Darcy, to respond to your request, I’m not sure that I can provide much more background on this than the letter itself, which is pretty self-explanatory.  We all know the history:

·       GNSO Community working on various policy development efforts to address WHOIS, including protecting privacy and allowing disclosure for legitimate purposes.  .

·       GDPR comes into effect with deadline for fines.

·       Certain Contracted Parties become concerned about fines and work with Staff to develop the Temp Spec.  IPC and other folks who need disclosure for legitimate purposes practically beg Staff to include the details of a framework for such disclosures.

·       Staff produces a Temp Spec for the Board to implement which contains the requirement for disclosures but little detail.

·       Almost immediately, it is much more difficult to obtain needed disclosures for legitimate purposes, creating a safe haven for all sorts of Internet maladies.  We understand that some do not believe in the existence of this problem, but like most real things, the existence of the problem isn’t dependent on a need for 100% of people to believe in them.

·       Like Contracted Parties who saw an immediate problem and went to Staff seeking a Temp Spec while GNSO Community policy work was ongoing, IPC and others are working with Staff to (hopefully) get a Temp Spec in place addressing the details for a uniform/unified disclosure process while the Community work continues.  Hopefully, the EPDP produces Policy that finally, after decades of work, solves all of the above.

To the extent that the policy development process is being undermined by the letter it seems to me that it has already been undermined by the request by certain Contracted Parties for the Temp Spec.  That ship has sailed and, respectfully, certain of the Contracted Parties were at the helm.  I know this may be unpopular email, but I think it is best not to dance around the issues or try to get cute in explaining why the letter was sent.  I think as far as the EPDP is concerned, it seems like a non-issue, since as Rafik noted, the letter had no effect on the work of the EPDP.

Apologies for the inevitable slowness in any future responses to this response.  I am in London setting up my daughter’s flat and leaving her here for university, so I will be a bit distracted and out of the usual time zone until next week.


From: council <council-bounces at gnso.icann.org> On Behalf Of Rafik Dammak
Sent: Thursday, September 20, 2018 10:02 AM
To: Darcy Southwell <darcy.southwell at endurance.com>
Cc: Council GNSO <council at gnso.icann.org>
Subject: Re: [council] EPDP & Accreditation/Access Model

Hi Darcy,

while the letter was shared in the mailing list by EPDP team member this week, there was no discussion or reaction on that matter within the EPDP team.



Le jeu. 20 sept. 2018 à 03:07, Darcy Southwell <darcy.southwell at endurance.com<mailto:darcy.southwell at endurance.com>> a écrit :
Rafik, as Council liaison to the EPDP, what can you share about the impact the EPDP Team sees here?


From: Darcy Southwell <darcy.southwell at endurance.com<mailto:darcy.southwell at endurance.com>>
Sent: Tuesday, September 18, 2018 8:11 AM
To: council at gnso.icann.org<mailto:council at gnso.icann.org>
Subject: EPDP & Accreditation/Access Model

The BC/IPC recently sent a letter to ICANN org (https://www.icann.org/en/system/files/correspondence/bc-ipc-to-marby-07sep18-en.pdf<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.icann.org%2Fen%2Fsystem%2Ffiles%2Fcorrespondence%2Fbc-ipc-to-marby-07sep18-en.pdf&data=02%7C01%7Cpmcgrady%40winston.com%7C71d033a9821d4ef00ef708d61e8c5549%7C12a8aae45e2f4ad8adab9375a84aa3e5%7C0%7C0%7C636729985406750073&sdata=%2F5e3XBAB9HJLerW3eImKmx9pEWnVev2CGPLuhWxWHGc%3D&reserved=0>) about the accreditation and access model.  This letter seems problematic at this stage of the game.  We discussed this issue ad nauseam during the EPDP Charter development and the Council has tasked the EPDP with addressing the Annex. To ask ICANN org to circumvent the EPDP undermines the policy development process and seems disingenuous to the Council’s approval of the Charter.  In addition, the EDPB’s July 5 letter states responsibility for designing an access model lies with ICANN and the registries/registrars, not just ICANN as indicated in the BC/IPC letter.

Will our BC and/or IPC councilors please shed some light on this?

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