[Gnso-epdp-legal] Notes and action items - EPDP Phase 2 Legal Committee Meeting #3

[Tatiana Tropina]

Hi Margie,
thanks for your reply. I guess then we will need to make a caveat that the
case is just illustrative and is still being finalised by the group. I do
find some issues with references to the legislation made in that case and
the applicability of cited recitals, which possibly have to be changed or
brought in conformity with applicable law/regulation. So if we submit the
case fully and not just as a few lines illustrating "what's the case is
about" -- there might be a problem.
Again, I guess we can discuss how to proceed during the next meeting of the
legal team, but I want to flag this for now.
Cheers,
Tanya

On Fri, 9 Aug 2019 at 22:10, Margie Milam <margiemilam at fb.com> wrote:

> Hi Tatiana –
>
>
>
> The use case is meant to be illustrative, to facilitate Bird & Bird’s
> general understanding in order to provide its analysis.  As a result I
> don’t believe that the use case needs to be finalized before it is
> presented.
>
>
>
> All the best,
>
> Margie
>
>
>
>
>
> *From: *Tatiana Tropina <tatiana.tropina at gmail.com>
> *Date: *Friday, August 9, 2019 at 10:20 AM
> *To: *Margie Milam <margiemilam at fb.com>
> *Cc: *Caitlin Tubergen <caitlin.tubergen at icann.org>, "
> gnso-epdp-legal at icann.org" <gnso-epdp-legal at icann.org>
> *Subject: *Re: [Gnso-epdp-legal] Notes and action items - EPDP Phase 2
> Legal Committee Meeting #3
>
>
>
> Hi Margie,
>
> a question - is this the case we discussed on the call yesterday? I just
> wonder if there is a need to reach a general agreement within the bigger
> EPDP team on this use case before we forward the question to legal -- there
> were some questions about the use case yesterday and SSAC said they would
> reply. I think there is a need to wait until at least the issues with the
> case are resolved before sending the question to legal? - but would listen
> to what others say.
>
> But as we have 1,5 weeks before the next meeting, maybe this could be
> sorted.
>
> Wish you and all others a great weekend,
>
> Cheers,
>
> Tanya
>
>
>
> On Fri, 9 Aug 2019 at 18:55, Margie Milam <margiemilam at fb.com> wrote:
>
> Hi-
>
> Following up on the action items from Tuesday’s call -  I added the use
> case we discussed on yesterday’s call to Question 11.
>
>
>
> *Updated Question 11*: Can legal counsel be consulted to determine
> whether GDPR prevents fast automated, and non-rate limited responses (as
> described in SSAC 101) to nonpublic WHOIS data with regards to the SSAC
> use case (Overarching Purpose: Crime and abuse investigation by non-law
> enforcement parties) for properly credentialed security practitioners (as
> defined in SSAC 101), who have agreed on appropriate safeguards?  If such
> access is not prohibited, can counsel provide examples of safeguards (such
> as pseudonymization) that should be considered? (BC)
>
>
>
> All the best,
>
>
>
> Margie
>
>
>
> *From: *Gnso-epdp-legal <gnso-epdp-legal-bounces at icann.org> on behalf of
> Caitlin Tubergen <caitlin.tubergen at icann.org>
> *Date: *Tuesday, August 6, 2019 at 11:07 AM
> *To: *"gnso-epdp-legal at icann.org" <gnso-epdp-legal at icann.org>
> *Subject: *[Gnso-epdp-legal] Notes and action items - EPDP Phase 2 Legal
> Committee Meeting #3
>
>
>
> *Updated Question 11*: Can legal counsel be consulted to determine
> whether GDPR prevents fast automated, and non-rate limited responses (as
> described in SSAC 101) to nonpublic WHOIS data for properly credentialed
> security practitioners (as defined in SSAC 101), who have agreed on
> appropriate safeguards?  If such access is not prohibited, can counsel
> provide examples of safeguards (such as pseudonymization) that should be
> considered? (BC)
>
>
>
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