[Gnso-epdp-legal] Request for Brief Dialogue with Bird & Bird

Wed Apr 1 15:50:37 UTC 2020

Hi Brian,
I agree that this is a different situation than a "real world" legal advice
a client would get from their lawyer since in this case the "client" is a
bit on the schizophrenia side with so many interests and a multitude of
views. Even the "why" of each question could probably be debated at length.
-- 
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net

Key-Systems GmbH is a company registered at the local court of
Saarbruecken, Germany with the registration no. HR B 18835
CEO: Alexander Siffrin

Part of the CentralNic Group PLC (LON: CNIC) a company registered in
England and Wales with company number 8576358.

On Wed, Apr 1, 2020 at 5:13 PM King, Brian <Brian.King at markmonitor.com>
wrote:

> Thank you Becky and Volker for those helpful perspectives. I appreciate
> the need for transparency, and that there are likely differences of opinion
> within the legal team.
>
>
>
> In “the real world” practice of law, the concept of not speaking with
> outside counsel about a question asked of them would be quite a bizarre
> scenario. Simply informing them of why we are asking the question could be
> of great value to how they think about the problem we need help in solving.
>
>
>
> The first example that comes to mind is Section 1.12 of the memo on
> Automation, which appears to provide an elegantly simple way to ensure the
> processing is not automated and therefore not subject to Article 22. If
> Bird & Bird had a bit more information on what we were trying to
> accomplish, I can’t help but think they would have elaborated on this
> section and provided further guidance on how best to ensure the model we’re
> considering does not invoke Article 22 in the first place.
>
>
>
> We cannot assume Bird & Bird has been following our work very closely, if
> at all, especially since the legal committee decided not to send them any
> sections of the Initial Report for their thoughts. I’ll understand if the
> legal committee thinks we have the time and resources remaining to engage
> in further written back-and-forth, but I submit that a 30- or 60-minute
> phone call would be far more efficient.
>
>
>
> *Brian J. King *
> Director of Internet Policy and Industry Affairs
>
>
>
> T +1 443 761 3726
> * markmonitor.com <http://www.markmonitor.com>*
>
>
>
>
> *MarkMonitor *Protecting companies and consumers in a digital world
>
>
>
> *From:* Volker Greimann <vgreimann at key-systems.net>
> *Sent:* Wednesday, April 1, 2020 8:27 AM
> *To:* Becky Burr <becky.burr at board.icann.org>
> *Cc:* King, Brian <Brian.King at markmonitor.com>; gnso-epdp-legal at icann.org
> *Subject:* Re: [Gnso-epdp-legal] Request for Brief Dialogue with Bird &
> Bird
>
>
>
> I agree with Becky. Oral presentations may just lead to further
> differences of opinion.
>
> --
> Volker A. Greimann
> General Counsel and Policy Manager
> *KEY-SYSTEMS GMBH*
>
> T: +49 6894 9396901
> M: +49 6894 9396851
> F: +49 6894 9396851
> W: www.key-systems.net
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.key-2Dsystems.net_&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=iRlq7ebh8PzrOMYiBm6pAwtzjEbqjkW-Et5uvNf9MZ0&s=P6zpTONgnLcuMCO9kdhWa31AlJSLTOWj0RLnpdglwVE&e=>
>
> Key-Systems GmbH is a company registered at the local court of
> Saarbruecken, Germany with the registration no. HR B 18835
> CEO: Alexander Siffrin
>
> Part of the CentralNic Group PLC (LON: CNIC) a company registered in
> England and Wales with company number 8576358.
>
>
>
>
>
> On Tue, Mar 31, 2020 at 4:18 PM Becky Burr <becky.burr at board.icann.org>
> wrote:
>
> Dear Brian,
>
>
>
> Thanks for this suggestion.  Perhaps it would be preferable if we had
> Bird & Bird send any follow-up questions, comments, or requests for
> clarification to the EPDP Legal Committee in writing? Given our process,
> the questions should be able to stand on their own, and it may be easier to
> formulate answers to any follow-up questions in writing rather than on the
> fly. In addition, having dialogue in writing will promote transparency
> since the communications between the Legal Committee and Bird & Bird can be
> fully communicated to the rest of the team.
>
>
>
> B
>
>
>
> On Mon, Mar 30, 2020 at 11:23 AM King, Brian via Gnso-epdp-legal <
> gnso-epdp-legal at icann.org> wrote:
>
> Hi Team,
>
>
>
> I wanted to propose that we schedule a brief call with Bird & Bird to
> discuss the question on automation we just sent.
>
>
>
> While I was just an alternate in Phase 1 and was not able to attend, I
> understand from many EPDP colleagues across various groups that there was a
> lot of value from discussions with Ruth.
>
>
>
> Since the answers to these automation questions will likely be of great
> importance to a high-priority topic (automation), and because at least the
> proximate cause issue may be a novel area of law, I think a dialogue would
> be useful to confirming Bird & Bird’s understanding of our intent behind
> these questions.
>
>
>
> I look forward to your thoughts.
>
>
>
> Thanks.
>
>
>
> *Brian J. King *
> Director of Internet Policy and Industry Affairs
>
>
>
> T +1 443 761 3726
> * markmonitor.com <http://www.markmonitor.com>*
>
>
>
>
> *MarkMonitor *Protecting companies and consumers in a digital world
>
>
>
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