[Gnso-epdp-legal] [Ext] Legal Service Procurement

[Kurt Pritz]

Thanks, very much, Dan. Excellent and timely news. 


To the EPDP Legal Team:

As you know, we are not quite ready with our questions for the legal advisors - but they are ready for us. The process we had set out was to redraft the questions in order to make them clear and answerable without iteration, and then pass those questions by the plenary group for review. While we are close on two of the three questions, it is clear to me that the process of developing the questions would likely take us past the Toronto meeting. 

As an alternate path, I recall the recommendation by Diane during our call on Wednesday. If I have it correct, Diane recommended we turn the questions as posed in the Initial report, along with the Initial Report itself as background. (We could highlight pertinent sections of the report to saving our legal counsel’s time.)

The rationale for this recommendation was that it would get the ball rolling, even if it would likely result in the legal counsel coming back to us with clarifying questions. 

Given that legal counsel is apparently ready to go and that reforming the questions is likely to take 1-2 weeks, I believe Diane’s recommendation is not only viable, but it likely presents the most expedient path for us. Therefore, I think we should write to the plenary group, inform them of these developments, and create the necessary letter and materials (along the lines Diane recommended) to legal counsel. In that manner, we can start the interaction and kick off the legal analysis almost immediately. 

With your assent (or lack of dissent) I will get a draft started and plan to send to to Dan and Bird & Bird by close of business tomorrow. If you disagree with this approach, please let me know. Using the Initial Report questions at the outset was not my first preference so I would be sympathetic to pushback. However, the need to take re-written questions back to the plenary and the need to start this analysis now has altered my thinking, 

Thanks for thinking this through in a short period of time. If any one want to talk rather than write, I am available by Skype or phone. 

Best regards,

Kurt




> On Jan 10, 2019, at 3:08 PM, Daniel Halloran <daniel.halloran at icann.org> wrote:
> 
> Thank you Kurt and the rest of the EPDP Legal Team. 
> 
> We are pleased to inform you that ICANN org has retained the law firm of Bird & Bird as an additional expert to help advise on GDPR matters, including advising the EPDP Team. Bird & Bird is a leading international law firm with over 1300 lawyers in 29 offices across Europe, the Middle East, Asia-Pacific and North America with a highly regarded International Privacy & Data Protection Group that advises clients throughout the world. <https://www.twobirds.com/en/practice-areas/privacy-and-data-protection <https://www.twobirds.com/en/practice-areas/privacy-and-data-protection>>
> 
> The engagement will be led by Ruth Boardman, who jointly heads Bird & Bird’s International Privacy and Data Protection Group and has extensive experience advising public and private sector organizations on data privacy matters, including representing them on their dealings with Data Protection Authorities and the EU’s Article 29 Working Party, now the European Data Protection Board. <https://www.twobirds.com/en/our-lawyers/r/ruth-boardman1 <https://www.twobirds.com/en/our-lawyers/r/ruth-boardman1>>
> 
> ICANN has used the services of Bird & Bird in the past for public advice to the community Thick WHOIS Implementation Review Team, which included a written memorandum as well as attending a meeting of the Implementation Review Team to provide direct responses and engagement with the community as they worked to finalize implementation plans for transitioning gTLDs from “thin” WHOIS to “thick” WHOIS. Given the positive experience with working with Bird & Bird on this public advice, Bird & Bird’s understanding of ICANN and its ecosystem, as well as its deep expertise in international privacy and data protection matters, we expect that Ruth and the Bird & Bird team can help provide additional expertise that will advance the efforts of ICANN org and the GNSO Expedited PDP Team.
> 
> Thank you for your attention. I look forward to seeing you all in Toronto next week.
> 
> Best regards,
> Dan
> 
> 
>> On Jan 6, 2019, at 6:26 PM, Kurt Pritz <kurt at kjpritz.com <mailto:kurt at kjpritz.com>> wrote:
>> 
>> Hi Dan: 
>> 
>> To keep the ball rolling on the procurement of legal services, I am attaching a document to aid in the effort. The doc is a compilation of the SOW written by Stephanie and Diane, as well as note on Conflict (by Margie) and on possible efficiencies by Thomas. 
>> 
>> Please let me know the extent to which this is successful and what else is required. 
>> 
>> To the Legal Team, I apologize that this document does not encompass all the thought that has gone into this effort or did not consult with you on this document but I wanted to get something to ICANN to expedite the procurement. We can continue to augment this material as the procurement continues. 
>> 
>> Best regards,
>> 
>> Kurt
>> 
>> <EPDP Legal SOW.docx>
> 

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