[Epdp-dt] EPDP Scope

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Mon Jul 16 21:44:39 UTC 2018


Lets be fair...we have been objecting to this parallel process from the 
get-go.  As I said on the panel in Panama, there is a price to be paid 
for not recognizing the reality of data protection law, and refusing to 
move in time.  We are now behind the proverbial 8-ball.  That does not 
mean we can pull off a miracle here.

Stephanie

On 2018-07-16 17:25, McGrady, Paul D. wrote:
>
> Thanks Ayden.
>
> Keith & Council Leadrship  - The revised Section J has been in for 
> days and days now, including on our last call and including during the 
> call for comments which ended Friday. A last minute attempt to get it 
> out endangers the entire Charter.  I hope that we can stick with the 
> work of the Small Team which the DT had plenty of time to review and 
> comment upon and not let this process get derailed at the last minute.
>
> Best to all,
>
> Paul
>
> *Paul D. McGrady *
>
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> *From:*Ayden Férdeline [mailto:icann at ferdeline.com]
> *Sent:* Monday, July 16, 2018 4:21 PM
> *To:* Drazek, Keith <kdrazek at verisign.com>
> *Cc:* McGrady, Paul D. <PMcGrady at winston.com>; 
> pam.little at alibaba-inc.com; Epdp-dt at icann.org; marika.konings at icann.org
> *Subject:* Re: [Epdp-dt] EPDP Scope
>
> Thanks for your work here, Keith.
>
> I do not support the inclusion of Section J) in the EPDP's scope for 
> two reasons.
>
> Firstly, this is because I do not believe it is possible to respond to 
> the questions in Section J) until the questions in Part 3 have been 
> answered.
>
> Part 3 asks important and relevant questions about data processing 
> responsibilities. For example, k1) asks: "For which data processing 
> activities undertaken by registrars and registries as required by the 
> Temporary Specification does ICANN determine the purpose and means of 
> processing?" How is it possible to come up with an ICANN 'access' 
> policy, which we will be doing if we discuss it in J), before asking 
> how ICANN determines the purpose and means of processing? How are we 
> going to provide access under an ICANN policy to data that is not 
> actually collected because of ICANN’s narrow mission and purpose?
>
> Secondly, we are aware that ICANN org is seeking "clarity" on issues 
> related to access, and is engaging behind the scenes with Data 
> Protection Authorities to receive their advice on how to proceed. This 
> is a parallel process which ICANN org is not going to stop just 
> because our EPDP is tackling the same questions; the Board told us 
> much already on 24 June [1]. I think it is a more effective use of our 
> time to not address this question until ICANN org has received and 
> shared with us the DPA's advice, as their recommendations, as the 
> enforcement bodies, are what will be followed anyway.
>
> Best wishes,
>
> Ayden Férdeline
>
> [1] "As the EPDP makes progress on its policy recommendations it may 
> more quickly find alignment with the larger community on the elements 
> of the unified access model. If that is the case, we will work with 
> the GNSO to align this work, as appropriate. If specific advice is 
> received from the relevant DPAs, or the community is not aligned, then 
> it may be more appropriate to address this matter together going 
> forward." 
> https://gnso.icann.org/sites/default/files/file/field-file-attach/chalaby-to-council-24jun18-en.pdf
>
> ICANN is saying: we want legal clarity on issues relevant to access, 
> and if the DPA's clarifications go against the EPDP recommendations, 
> we will follow the DPA's advice and impose it on you. In other words, 
> ICANN org has created a parallel process which it is working on, we 
> can do whatever we want in our EPDP, and then we can exchange notes 
> and if we're not all aligned, ICANN org makes the decision.
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
>
> On 16 July 2018 5:57 PM, Drazek, Keith via Epdp-dt <epdp-dt at icann.org 
> <mailto:epdp-dt at icann.org>> wrote:
>
>     Hi Pam and Paul,
>
>     Attached is an updated version incorporating Pam’s edits and
>     responding to her questions. I incorporated Paul’s suggested
>     language below for Section J.
>
>     Regards,
>
>     Keith
>
>     *From:* McGrady, Paul D. <PMcGrady at winston.com
>     <mailto:PMcGrady at winston.com>>
>
>     *Sent:* Monday, July 16, 2018 7:37 AM
>
>     *To:* Pam Little <pam.little at alibaba-inc.com
>     <mailto:pam.little at alibaba-inc.com>>; Epdp-dt at icann.org
>     <mailto:Epdp-dt at icann.org>; marika.konings at icann.org
>     <mailto:marika.konings at icann.org>; Drazek, Keith
>     <kdrazek at verisign.com <mailto:kdrazek at verisign.com>>
>
>     *Subject:* [EXTERNAL] RE: [Epdp-dt] EPDP Scope
>
>     Hi Pam,
>
>     Thank you for your proposed edits.  However, I do think that they
>     eliminate an important concept that we were trying to get at and
>     would prefer the question revert to its previous formulation.
>
>     If the DT decides to eliminate the concept of
>     reconciliation/avoiding an unharmonized approach, I still think
>     your proposed changes need some work.
>
>     If we change to “Can the obligation to provide “reasonable access”
>     be clarified or defined…” I think that leads us down the wrong
>     path.  J1 already focuses on clarifying and defining reasonable
>     access.  I think we could ask “Can the obligation to provide
>     “reasonable access” be further clarified and/or better defined
>     through the implementation of a community-wide model…”  We lose
>     the idea of harmonization, which was the purpose of the question
>     in the first place, but ultimately those working on the answer
>     will hopefully take into account issues that would tend to bring a
>     discordant result and try to avoid those outcomes.
>
>     So, Keith, we would prefer that the question revert.  If we can’t
>     get that, we would be OK with:
>
>     “Can the obligation to provide “reasonable access” be further
>     clarified and/or better defined through the implementation of a
>     community-wide model for access or similar framework which takes
>     into account at least the following elements:”
>
>     Best to all,
>
>     Paul
>
>     *From:* Epdp-dt [mailto:epdp-dt-bounces at icann.org] *On Behalf Of
>     *Pam Little
>
>     *Sent:* Monday, July 16, 2018 1:50 AM
>
>     *To:* Epdp-dt at icann.org <mailto:Epdp-dt at icann.org>;
>     marika.konings at icann.org <mailto:marika.konings at icann.org>;
>     Drazek, Keith <kdrazek at verisign.com <mailto:kdrazek at verisign.com>>
>
>     *Subject:* Re: [Epdp-dt] EPDP Scope
>
>     Hi Keith
>
>     Many thanks to you and the small drafting team for the "final" draft.
>
>     Because of time zone differences, I have not had an opportunity to
>     discuss this with my RrSG councillors or RrSG members but, in the
>     interest fo time, I have made some suggested edits and queries to
>     the final draft. Most of them are intended to correct minor errors
>     or add more clarity and consistency so I hope they are not
>     controversial, except perhaps my proposed change to J2 below:
>
>     "J2) Can the obligation to provide “reasonable access” be
>     clarified or definedreconciled with the objective of avoiding, to
>     the extent possible, an unharmonized approach to third-party
>     access to registration data, , without the implementation of a
>     community-wide model for access or similar framework which takes
>     into account at least the following elements:"
>
>     It seems to me neither the langauge in the previous draft (re
>     fragmentation of WHOIS) nor the final draft was helpful hence my
>     proposed change to try to make it more neutral.
>
>     I also have a question regarding the last paragraph in the final
>     draft:
>
>     /"The EPDP Team shall respect the //timelines//and deliverables as
>     outlined in Annex A and A-1 of the ICANN Bylaws and the EPDP
>     Manual. As per the GNSO EPDP Working Group Guidelines, the EPDP
>     Team shall develop a work plan that outlines the necessary steps
>     and expected timing in order to achieve the milestones of the EPDP
>     as set out in Annex A and A-1 of the ICANN Bylaws and the EPDP
>     Manual and submit this to the GNSO Council. Any significant
>     updates to the work plan are expected to be communicated in a
>     timely manner to the GNSO Council with an explanation as to why
>     the work plan needed adjustment." /
>
>     The final draft Charter has set timelines for Deliverable 2. Is
>     the EPDP Team expected to develop a work plan for all three
>     deliverables?
>
>     Kind regards,
>
>     Pam
>
>         ------------------------------------------------------------------
>
>         Sender:Drazek, Keith via Epdp-dt <epdp-dt at icann.org
>         <mailto:epdp-dt at icann.org>>
>
>         Sent at:2018 Jul 16 (Mon) 13:08
>
>         To:Epdp-dt at icann.org <Epdp-dt at icann.org
>         <mailto:Epdp-dt at icann.org>>; marika.konings at icann.org
>         <mailto:marika.konings at icann.org> <marika.konings at icann.org
>         <mailto:marika.konings at icann.org>>
>
>         Subject:[Epdp-dt] EPDP Scope
>
>         Hello again everyone….
>
>         Now attached is the final draft of the EPDP WG Charter scope
>         section for your review and our vote on the 19^th .
>
>         I have attached the redline version (against the version
>         circulate to the DT last Wednesday) and the clean version.
>
>         Thanks for your patience and for the constructive input of all
>         parties.
>
>         Regards,
>
>         Keith
>
>         *From:* Drazek, Keith
>
>         *Sent:* Sunday, July 15, 2018 10:28 AM
>
>         *To:* Drazek, Keith <kdrazek at verisign.com
>         <mailto:kdrazek at verisign.com>>
>
>         *Cc:* Epdp-dt at icann.org <mailto:Epdp-dt at icann.org>;
>         marika.konings at icann.org <mailto:marika.konings at icann.org>
>
>         *Subject:* Re: [EXTERNAL] [Epdp-dt] EPDP Scope
>
>         Hi all. Please wait before reviewing. I may have jumped the
>         gun and we may have more suggested edits incoming from NCSG.
>
>         Thanks,
>
>         Keith
>
>         On Jul 15, 2018, at 8:44 AM, Drazek, Keith via Epdp-dt
>         <epdp-dt at icann.org <mailto:epdp-dt at icann.org>> wrote:
>
>         Hi all,
>
>         As discussed on Wednesday’s EPDP Drafting Team call, attached
>         is the final draft of the EPDP charter scope section.
>
>         I received a few suggested edits from Stephanie and Darcy and
>         did my best to incorporate/address them. The small group has
>         reviewed and agreed this is ready for approval at the 19 July
>         Council meeting.
>
>         Thanks to everyone for your contributions to this effort.
>
>         Regards,
>
>         Keith
>
>         <Updated Scope Section 15 July 2018 -- Consolidated Edits.docx>
>
>         <Updated Scope Section 15 July 2018 -- Consolidated Edits
>         CLEAN.docx>
>
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>
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