[Gnso-epdp-legal] [Ext] Re: REMINDER - homework due

Thu Mar 5 22:05:14 UTC 2020

Hi everyone,

Speaking on behalf of the Registries, we do not believe there is significant value in having Bird & Bird review portions of the Initial Report.  We’ve worked hard to incorporate the legal advice received to date and I think in most instances that is well reflected in our work product.  I’m also a bit concerned that much of the text in the initial report is at such a high level that I’m not sure there is enough context or detail in most recommendations to elicit specific legal advice.

That being said, I see Brian has made some suggestions of particular recommendations for Bird & Bird review, and I’m open to being wrong (I often am), so I’d just request a chance to review his suggestions and respond before we make a final decision.

Thanks,
Matt

From: Gnso-epdp-legal <gnso-epdp-legal-bounces at icann.org> On Behalf Of Caitlin Tubergen
Sent: Wednesday, March 4, 2020 4:17 PM
To: King, Brian <Brian.King at markmonitor.com>
Cc: gnso-epdp-legal at icann.org
Subject: RE: [EXTERNAL][Gnso-epdp-legal] [Ext] Re: REMINDER - homework due

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe.

Thank you, Brian. Please consider this message a one-day extension.

Legal Committee Members: please provide your feedback by no later than COB tomorrow, Thursday, 5 March.

Best regards,

Caitlin

From: "King, Brian" <Brian.King at markmonitor.com<mailto:Brian.King at markmonitor.com>>
Date: Wednesday, March 4, 2020 at 4:14 PM
To: Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>
Cc: "gnso-epdp-legal at icann.org<mailto:gnso-epdp-legal at icann.org>" <gnso-epdp-legal at icann.org<mailto:gnso-epdp-legal at icann.org>>
Subject: [Ext] Re: [Gnso-epdp-legal] REMINDER - homework due

Hi Caitlin,

Thank you so much for keeping us on track. As I was traveling yesterday, I could really use one more day (at least) to review the Initial Report with this in mind and make a proposal.

Since I know we need to move quickly, if you could be so kind as to mercifully extend the deadline by one day, I can promise you a thoughtful proposal by COB tomorrow.
Brian J. King
Director of Internet Policy and Industry Affairs
MarkMonitor / Part of Clarivate Analytics
Phone: +1 (443) 761-3726
brian.king at markmonitor.com<mailto:brian.king at markmonitor.com>

On Mar 4, 2020, at 6:58 PM, Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>> wrote:
Dear EPDP Phase 2 Legal Committee:

Please note the homework item is due today:

  *   Legal Committee to review the Initial Report and provide suggested recommendations or specific portions of the Report that would be benefit from Bird & Bird’s review by COB Wednesday, 4 March.
As you are aware, if we would like to receive timely feedback from B&B on the Initial Report, we need your feedback on this action item ASAP. Thank you for your attention to this matter.

Best regards,

Marika, Berry, and Caitlin

From: Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>
Date: Tuesday, March 3, 2020 at 11:33 AM
To: <gnso-epdp-legal at icann.org<mailto:gnso-epdp-legal at icann.org>>
Subject: EPDP Legal Committee Actions + high-level notes - 3 March 2020

Dear Legal Committee:

Please find below the high-level notes and action items from today’s Legal Committee meeting.

EPDP Phase 2 Legal Committee- Meeting #16
Tuesday, 3 March 2020 at 15.00 UTC

High Level Notes & Action Items

  1.  Legal Committee signed off on draft proposal for Feasibility of Unique Contacts (attached). EPDP Support Staff to circulate the draft proposal to the EPDP Team by COB today, 3 March.
  2.  Legal Committee reviewed Matthew’s draft summary of Bird & Bird’s Phase 1 city field memo, and approved the text with the addition of the following “chapeau”, “In reviewing this topic, the Legal Committee had additional commentary regarding the Bird & Bird advice: The scope of the memo below is about universal publication of the city field and not on address automated disclosure upon request or case-by-case review. Regarding bullet #2; A similar balancing test taking into account certain circumstances, may be appropriate in different situations, for example when responding to request for redacted city information whether by automated means or based on an individual review.
  3.  EPDP Support Staff to incorporate the above-referenced chapeau into Matthew’s city field summary and distribute to the EPDP Team by COB today, 3 March. (see attached)
  4.  Batch 2 questions:

     *   Legal vs. Natural + Accuracy: Legal Committee reviewed and signed off (except for NCSG rep) on the updated question with this addition: Who has standing to invoke the Accuracy Principle?  We understand that a purpose of the Accuracy Principle is to protect the Data Subject from harm resulting from the processing of inaccurate information.  Do others such as contracted parties and ICANN (as Controllers), law enforcement, IP rights holders, etc. have standing to invoke the Accuracy Principle under GDPR? ACTION: EPDP Support Staff to circulate the question with the approved addition to the EPDP Team, noting that NCSG does not agree with this question in principle. EPDP Team to provide further input on if this question is in scope prior to distribution to Bird & Bird.
     *   Territorial Scope: ACTION: Becky to further refine the draft territorial scope questions based on today’s discussion. Specifically: Under the proposed model described in the EPDP Team’s Initial Report, apart from automated disclosures, ICANN, as the Central Gateway Manager, would not be making disclosure decisions, but would provide recommendations on whether to disclose to the relevant contracted party.
     *   WHOIS Accuracy: LC signed off on the updates to this question, though some members were not present. Thomas, Volker, and Tatiana will need to review by COB Wednesday, 4 March to register concerns with this updated question.

  1.  Legal Committee to review the Initial Report and provide suggested recommendations or specific portions of the Report that would be benefit from Bird & Bird’s review by COB Wednesday, 4 March.
Thank you.

Best regards,

Marika, Berry, and Caitlin

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