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

Mon Jan 14 17:44:56 UTC 2019

Dear Kurt-

As we communicated offline, I appreciate your support and leadership to move forward on the legal front and am very pleased that there is agreement on this by the group. I also am very pleased that we have been able to expedite the process through ICANN and have legal counsel available to us in Toronto. In line with your further email about how to handle the legal team time with Ruth from B&B apart from plenary meetings, let’s see if we can land on the best approach prior to the meeting. The goal of all is to make the meeting as productive as possible so we can reach our deadlines and goals. I am pleased to be part of the legal team if you think it is best to have a separate group work on data elements.

Sincerely,

Diane

Diane Plaut
General Counsel and Privacy Officer
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From: Gnso-epdp-legal <gnso-epdp-legal-bounces at icann.org> on behalf of "Rosette, Kristina via Gnso-epdp-legal" <gnso-epdp-legal at icann.org>
Reply-To: "Rosette, Kristina" <rosettek at amazon.com>
Date: Monday, January 14, 2019 at 12:27 PM
To: Emily Taylor <emily.taylor at oxil.co.uk>, Thomas Rickert <epdp at gdpr.ninja>, "gnso-epdp-legal at icann.org" <gnso-epdp-legal at icann.org>
Subject: Re: [Gnso-epdp-legal] [Ext] Legal Service Procurement

Greetings!

(Coming back online after having to be offline on Thursday and most of Friday, and working my way through email.)

I also agree with Kurt’s proposal to move forward.

K

From: Gnso-epdp-legal [mailto:gnso-epdp-legal-bounces at icann.org] On Behalf Of Emily Taylor
Sent: Saturday, January 12, 2019 5:31 AM
To: Thomas Rickert <epdp at gdpr.ninja>
Cc: gnso-epdp-legal at icann.org
Subject: Re: [Gnso-epdp-legal] [Ext] Legal Service Procurement

Hi Kurt, Dan and Team

I agree with Kurt’s proposal to move forward with legal advice without awaiting the conclusions of the small legal team. It was worth a try but we were unable to make sufficient progress in the time and Kurt’s suggestion is practical and realistic.

I also like Thomas’ proposal of getting someone from Bird & Bird to the Toronto meeting if that is feasible at such late notice.

I suggest that the small legal team may be a good liaison between the external lawyers and the EPDP team members - not replacing staff support but perhaps enabling a more efficient method of making clarifications or exposing the external lawyers to the range of views on the legal interpretation and issues.

Best wishes

Emily

On Fri, 11 Jan 2019 at 15:41, Thomas Rickert <epdp at gdpr.ninja<mailto:epdp at gdpr.ninja>> wrote:
Hi Kurt, Dan and team,
Given the time constraints we are under, I think it would make sense to have someone from Bird & Bird on the ground in Toronto to coach us as needed. Not sure this is asked for too much, but I think we would hugely benefit from that, be able to sit with the advisor in personal talks to answer questions and also to avoid that we build mistakes into our revisions of the report. That could expedite our journey towards a final report and hopefully consensus.

Best,
Thomas

Am 11.01.2019 um 01:23 schrieb Kurt Pritz <kurt at kjpritz.com<mailto:kurt at kjpritz.com>>:

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<mailto: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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