[Gnso-epdp-legal] clarification from Bird & Bird

Caitlin Tubergen caitlin.tubergen at icann.org
Tue Sep 3 13:41:47 UTC 2019


Dear Legal Committee,

 

Please find the below clarification requested from Bird & Bird regarding the first batch of questions. We will add this to today’s agenda for further discussion.

 
Is Q2 asking a different question to those in the first set of questions?  Q1(1), in particular, asks us to consider "the risk of a third party abusing or circumventing the safeguards" – that seems similar to what Q2 is asking.
In the first set of questions, one assumption is that "data must be disclosed over RDAP to requestors either directly or through an intermediary request accreditation/authorization body" – we assume that even for a "direct" disclosure, the request is still going to come in via the SSAD, and will still be evaluated as all other requests would be; the key difference is just in terms of the final step (data would be sent directly to the requestor by the CP, not via ICANN org / ICANN org's designee).
 

Thank you.

 

Best regards,

 

Marika, Berry, and Caitlin

 

 

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