[Gnso-epdp-legal] REMINDER: Legal Committee Action Items

[Crossman, Matthew]

Hi everyone,

Thanks to Becky for the revisions to Questions 2-5 (I did not see an updated Q6 although it is referenced below). I’ve already raised my concerns about consolidated 2,3,4 so in the interest of moving forward I don’t object to sending to B&B. I do have some additional comments on Question 5:

  *   I don’t disagree that the Eurid example raises an interesting question but it feels better suited for an academic debate than a practical policy discussion. The inference we are attempting to draw here (“the EU legislature recognizes that disclosure of the Registrant’s email address serves a legitimate interest in stability, security, and resilience”) is too speculative to form a sufficient basis for a mandatory policy. I think we are adding unnecessary complexity and conjecture by considering a legal basis that is clearly inapplicable and I’m not sure what answer we anticipate from B&B that will help us design an implementable policy.
  *   For RIPE, I think we have all the information needed to consider this example as part of our policy discussions. It is relevant on its face that another party is using 6(1)(f) to publish the data of their resource holders (note this doesn’t solve the third party personal data contained in the registration record issue), but we don’t (and can’t) know how RIPE has performed their 6(1)(f) analysis beyond what they have already disclosed on their website<https://labs.ripe.net/Members/Athina/gdpr-legal-grounds-for-lawful-personal-data-processing-and-the-ripe-database>. That seems to be the key to understanding and mitigating the risk involved, and I can’t see how B&B will be able to provide additional insight into RIPE’s internal processes. The plenary can evaluate the RIPE example based on the information we have and draw whatever conclusions it sees fit. I don’t think we need to delay that discussion while we wait for additional legal guidance.
Thanks,
Matt

From: Gnso-epdp-legal <gnso-epdp-legal-bounces at icann.org> On Behalf Of Caitlin Tubergen via Gnso-epdp-legal
Sent: Monday, March 1, 2021 8:33 AM
To: gnso-epdp-legal at icann.org
Subject: [EXTERNAL] [Gnso-epdp-legal] REMINDER: Legal Committee Action Items


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Dear Legal Committee,

Reminder that the below action items<https://docs.google.com/spreadsheets/d/17qLMYb3HC7qGYPQveXbUq5ZSzvedrQ3t8AdVdrRIdrw/edit#gid=0> are due by close of business today.


  1.  Legal Committee to review Becky’s questions (attached) and provide objections (if any) by COB Monday, 1 March.
  2.  Margie and Hadia to refine Q7 in order to make it clear how this question relates to the legal v. natural distinction by COB Monday, 1 March: https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717#<https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717>.
  3.  Legal Committee to consider how to refine and narrow Q8 re: NIS-2 by COB Monday, 1 March: https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717#<https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717>.

Please find the draft agenda for tomorrow’s meeting below.

Best regards,

Berry, Marika, and Caitlin

--
EPDP Phase 2A
Legal Committee – Meeting #07
Proposed Agenda
Tuesday 2 March 2021 at 14.00 UTC


1.                            Roll Call & SOI Updates



2.                            Legal vs. natural Questions



a.       Continue review of homework/recap of action items - See https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit
·         Revised Consolidated Q2 – Q6 (note, if no objections to Becky’s updated text are received by COB 1 March, move on to Q7)
·         Revised Q7 (Hadia/Margie to present) – (note, if no updated text from Hadia/Margie is received by COB 1 March, move to Q8)
·         Q8

b.       Legal Committee Discussion




3.                      Feasibility of unique contacts


a.      Continue review of homework: See https://docs.google.com/document/d/1UCP86uPZJBA_oh_4lfa6GwisfqnXUgbi5kdq-VOQCS0/edit
·         Q1 – if no objection to remove, move to Q2
·         Q2
·         Q3
·         Q4
·         Q5
·         Q6


b.       Legal Committee Discussion



4.                            Wrap and confirm action items and homework
a)       Confirm action items and homework
b)      Next Legal Committee Meeting will be Tuesday, 9 March at 1400 UTC

From: Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>
Date: Thursday, February 25, 2021 at 5:12 PM
To: "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: Legal Committee Action Items

Dear Legal Committee,

Please find attached the updated questions from Becky, following today’s call.

As a reminder, Becky updated: (i) consolidated questions 2-4, (ii) Q5 (the EURid question), and (iii) the RIPE-NCC question. All three updated questions are included in the attached document.

Action Items (https://docs.google.com/spreadsheets/d/17qLMYb3HC7qGYPQveXbUq5ZSzvedrQ3t8AdVdrRIdrw/edit#gid=0)


  1.  Legal Committee to review Becky’s questions (attached) and provide objections (if any) by COB Monday, 1 March.
  2.  Margie and Hadia to refine Q7 in order to make it clear how this question relates to the legal v. natural distinction by COB Monday, 1 March: https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717#<https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717>.
  3.  Legal Committee to consider how to refine and narrow Q8 re: NIS-2 by COB Monday, 1 March: https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717#<https://docs.google.com/document/d/156jajwvAkl1l5VsdWXpznrghkKyMUD2bhKkS20X7Xrg/edit?ts=602c5717>.

Best regards,

Berry, Marika, and Caitlin



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