[CPWG] [registration-issues-wg] [GTLD-WG] Final version of the ALAC Advice regarding the EPDP

Marita Moll mmoll at ca.inter.net
Mon Apr 15 16:41:34 UTC 2019 

Well, things like this are more likely to provoke backlash than 
cooperation, IMHO. Let it be known that I argued against it.

Marita

On 4/15/2019 5:48 PM, Alan Greenberg wrote:
> I added that on specific advice that since we are not saying "require" 
> we make it clear that there is a belief that if the board does not 
> make a strong statement, it will not happen.
>
> I completely agree that given the time, effort and resources, we 
> should not be at this place now. But we are (in the views of those who 
> have sat through all those hours).
>
> Alan
>
> At 15/04/2019 04:26 AM, Marita Moll wrote:
>
>> I have a major issue with that last sentence. The tone of it 
>> basically goes straight back to the "require" language. We are saying 
>> that the decisions made have not been fully informed -- well, after 
>> all those hours of consideration and all the money spent, more 
>> information is probably not the problem.
>>
>> Although much of this statement does hinge around "information" -- 
>> new legal, studies, etc.-- I don't think it is necessary to throw in 
>> a final swat at the GNSO. It really won't help matters or get anyone 
>> further ahead.
>>
>> Marita
>> On 4/15/2019 10:01 AM, Sebastien Bachollet wrote:
>>> Other questions
>>> Not sure about this
>>> GDPR, in rough terms, only applies to entities within the European 
>>> Economic Area (EEA) and to entities outside of the targeting 
>>> individuals resident within the EU.
>>> Maybe
>>> GDPR, in rough terms, only applies to entities within the European 
>>> Economic Area (EEA) and to entities outside THAT ARE (of the) 
>>> targeting individuals resident within the EU.
>>> ?????
>>>
>>> And 3 that??
>>> Last sentence
>>> *But it is critical that that, if the Board believes, as the ALAC 
>>> does, that the EPDP decisions must take all applicable issues into 
>>> consideration and make fully informed decisions, the Board needs to 
>>> ensure that this is fully understood by the GNSO and EPDP.
>>>
>>> Thanks
>>> SeB
>>> *
>>>> Le 15 avr. 2019 à 08:19, Bastiaan Goslings 
>>>> <bastiaan.goslings at ams-ix.net 
>>>> <mailto:bastiaan.goslings at ams-ix.net>> a écrit :
>>>>
>>>> Thanks for this - while I personally cannot support the 
>>>> ratification of the draft advice with a ‘yes’, it does look a 
>>>> lot better than earlier versions. For now my intention is to 
>>>> ‘abstain’.
>>>>
>>>>
>>>> In terms of wording/grammar:
>>>>
>>>> - On page 2, 'At the time the report was issued, there was also an 
>>>> outstanding question to the EPDP legal counsel whether ICANN’s 
>>>> presence in the EU imply that the GDPR apply ALL personal data 
>>>> regardless of location’ (et; )
>>>>
>>>> I think it should be ‘implies’ instead of ‘imply’, 
>>>> ‘applies’ in stead of ‘apply’, and there needs to be a 
>>>> ’to’ after the ‘applies’.
>>>>
>>>>
>>>> - On page 3, with regard to the advice itself, 'The ALAC advises 
>>>> the Board to request that the issue of legal/natural 
>>>> differentiation be discussed during the EPDP Phase 2 explicitly 
>>>> considering the competing needs of those using the data for 
>>>> cyber-security and other legitimate purposes.'
>>>>
>>>> From the sentence it is not clear (to me) what the ‘competing’ 
>>>> refers to.
>>>>
>>>>
>>>> - On page 4, part of the concluding remarks, 'The ALAC believes 
>>>> that the issues being raised here have not received sufficient full 
>>>> discussion’.
>>>>
>>>> ‘Received sufficient full discussion’ sounds strange to me. 
>>>> Maybe change into ‘The ALAC believes that the issues being raised 
>>>> here have not been sufficiently discussed’ ?
>>>>
>>>>
>>>> Anyway, thanks again, and with regards
>>>> Bastiaan
>>>>
>>>>
>>>>
>>>> ***  Please note that this communication is confidential, legally 
>>>> privileged, and subject to a disclaimer: 
>>>> https://www.ams-ix.net/ams/email-disclaimer ***
>>>>
>>>>
>>>>
>>>>
>>>>> On 15 Apr 2019, at 08:03, Alan Greenberg <alan.greenberg at mcgill.ca 
>>>>> <mailto:alan.greenberg at mcgill.ca> > wrote:
>>>>>
>>>>> The errors caught by Marita and Sebastien are fixed in the 
>>>>> attached version.
>>>>>
>>>>> Alan
>>>>>
>>>>> At 14/04/2019 04:23 PM, Sebastien Bachollet wrote:
>>>>>> And if you fix that you may withdraw one of the two issues (the 
>>>>>> word).
>>>>>> SeB
>>>>>>
>>>>>> Envoyé de mon iPhone
>>>>>>
>>>>>> Le 14 avr. 2019 à 20:42, Alan Greenberg 
>>>>>> <alan.greenberg at mcgill.ca <mailto:alan.greenberg at mcgill.ca> > a 
>>>>>> écrit :
>>>>>>
>>>>>>> Thanks for catching that. Will fix. Alan
>>>>>>> --
>>>>>>> Sent from my mobile. Please excuse brevity and typos.
>>>>>>>
>>>>>>> On April 14, 2019 1:44:48 PM EDT, Marita Moll 
>>>>>>> <mmoll at ca.inter.net <mailto:mmoll at ca.inter.net>> wrote:
>>>>>>>
>>>>>>> One of the items still says require...
>>>>>>>
>>>>>>> "The ALAC advises the Board require that the issue of Thick 
>>>>>>> WHOIS issue be discussed during the EPDP Phase 2 in light of the 
>>>>>>> new legal opinion.
>>>>>>> Geographic Differentiation"
>>>>>>>
>>>>>>> Marita
>>>>>>> On 4/14/2019 3:22 PM, Alan Greenberg wrote:
>>>>>>>>
>>>>>>>> Attached is the final version being voted on by the ALAC.
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> It is largely unchanged with the exception of "require"
>>>>>>>> being changed
>>>>>>>>
>>>>>>>>
>>>>>>>> back t "request" and an explanatory paragraph at the end.
>>>>>>>> This was
>>>>>>>>
>>>>>>>>
>>>>>>>> done after consultation to ensure that we were not perceived as not
>>>>>>>>
>>>>>>>>
>>>>>>>> understanding Board restrictions and to not give an "easy"
>>>>>>>> way of
>>>>>>>>
>>>>>>>>
>>>>>>>> rejected the advice ("we don't have that power").
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> Alan
>>>>>>>>
>>>>>>>>
>>>>>>>>
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>>>>>>>>
>>>>>>>>
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>>>>>>>>
>>>>>>>>
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>>>>>>>
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