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

Wed Apr 1 16:07:48 UTC 2020

 I am in complete agreement with Becky and Volker, and I must note that
that the legal team went to great lengths to agree the questions as posed.
The questions are agreed and I feel that additional 'clarification',
however well meaning, are simply not appropriate at this juncture.

Additionally, Bird & Bird were chosen for their expertise in this field.
B&B has been our primary counsel for over a year and are clearly very
familiar with a) our work, b) icann's work and mandate, and surely c) the
practical implementation of gdpr across a multitude of business types and
models. If there are doubts as to their inability to understand the
underlying issues here, surely this should have been raised much earlier
than this.

Warm regards,

Alan

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Alan Woods
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On Wed, Apr 1, 2020 at 4:13 PM King, Brian via Gnso-epdp-legal <
gnso-epdp-legal at icann.org> 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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