[Gnso-epdp-team] FW: Fwd: Coordination between ICANN org and EPDP

Arnaud WITTERSHEIM arnaud.wittersheim at nameshield.net
Thu Aug 16 11:52:13 UTC 2018


Thanks Kristina for the proposal to allow alternates to access the AC 
Room. It greatly helps to follow more easily the exchanges and thus be 
up to date information in the case where the alternate must replace a 
member. I was able to resume the history of the last exchanges and am 
therefore ready to follow the meeting later.

Have a nice day

Arnaud

Le 16/08/2018 à 05:35, 'Rosette, Kristina' via ePDP team a écrit :
>
> FYI. Not sure of the timing of Kurt’s response so recommend that any 
> comments/proposed changes be provided to Alan, Marc and Arnaud 
> tomorrow.  (Arnaud is acting as Member on my behalf until Monday.)
>
> K
>
> *From:*Gnso-epdp-team [mailto:gnso-epdp-team-bounces at icann.org] *On 
> Behalf Of *Kurt Pritz
> *Sent:* Wednesday, August 15, 2018 5:14 PM
> *To:* GNSO EPDP <gnso-epdp-team at icann.org>
> *Subject:* [Gnso-epdp-team] Fwd: Coordination between ICANN org and EPDP
>
> Hi Everyone:
>
> Yesterday, I received the email below from Göran Marby. I wanted those 
> of you who are interested to see and have the ability to comment on my 
> draft reply, which is immediately below Göran’s letter.
>
> The reply will be from me so I might not include all comments - not 
> necessarily because I disagree with the substance but it might be 
> because of tone, timing or level of detail.
>
> On the other hand, I’d be foolish not to consult with you as many of 
> you have been involved with ICANN efforts at correspondence and issue 
> resolution. If you have input, I will read and consider it carefully.
>
> I am not sure I want to make this a topic of discussion in tomorrow’s 
> meeting as finishing the triage is more important. I see the letter as 
> more of an invitation to start a dialogue where we can integrate 
> efforts, rather than pursue separate objectives.
>
> Best regards,
>
> Kurt
>
>
>
>     Begin forwarded message:
>
>     *From: *Goran Marby <goran.marby at icann.org
>     <mailto:goran.marby at icann.org>>
>
>     *Subject: Coordination between ICANN org and EPDP*
>
>     *Date: *August 14, 2018 at 8:17:13 AM PDT
>
>     *To: *"rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>"
>     <rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>>,
>     "kurt at kjpritz.com <mailto:kurt at kjpritz.com>" <kurt at kjpritz.com
>     <mailto:kurt at kjpritz.com>>
>
>     *Cc: *David Olive <david.olive at icann.org
>     <mailto:david.olive at icann.org>>, Theresa Swinehart
>     <theresa.swinehart at icann.org
>     <mailto:theresa.swinehart at icann.org>>, John Jeffrey
>     <john.jeffrey at icann.org <mailto:john.jeffrey at icann.org>>, "Akram
>     Atallah" <akram.atallah at icann.org
>     <mailto:akram.atallah at icann.org>>, Chris Disspain
>     <chris.disspain at board.icann.org
>     <mailto:chris.disspain at board.icann.org>>,
>     "leon.sanchez at board.icann.org
>     <mailto:leon.sanchez at board.icann.org>"
>     <leon.sanchez at board.icann.org
>     <mailto:leon.sanchez at board.icann.org>>, Cassia Oliveira
>     <cassia.oliveira at icann.org <mailto:cassia.oliveira at icann.org>>
>
>     Kurt,
>
>     Today, ICANN org held a call to provide community leaders with
>     updates regarding various GDPR activities. The slides and
>     recording of the call are available
>     athttps://www.icann.org/resources/pages/data-protection-meetings-2017-12-08-en.
>
>     On the call, a few community leaders reinforced the value of
>     coordination between ICANN org and the EPDP Working Group,
>     particularly around access model. To this end, please share with
>     us any thoughts you might have regarding a process by which (1)
>     ICANN org can share guidance we receive from the DPAs and European
>     Data Protection Board with the EPDP Working Group; and (2) How the
>     EPDP Working Group will provide input regarding access to ICANN
>     org to use in our interactions with DPAs and European Data
>     Protection Board to obtain legal guidance that will help guide the
>     Working Group in its work. As you know, we post all information we
>     receive through our blogs and engage with stakeholders, also
>     through communications we post whether through correspondence or
>     comments viagdpr at icann.org <mailto:gdpr at icann.org>. I look forward
>     to hearing your thoughts on how we can continue to strengthen our
>     work together toward the common goal of having an access model
>     that is guided by the law and supported by the community.
>
>     Best regards,
>
>     Göran Marby
>
>     President & CEO ICANN
>
>     +1(310) 578 8690
>
>     Cássia Oliveira
>
>     Sr. Manager, Office of the President & CEO
>
>     cassia.oliveira at icann.org <mailto:cassia.oliveira at icann.org>
>
>     +1(310) 578 8656
>
> Dear Goran:
>
> I have repeated some your email below so that there is a 
> clear connection between your questions and my responses.
>
> Today, ICANN org held a call to provide community leaders with updates 
> regarding various GDPR activities. The slides and recording of the 
> call are available at 
> https://www.icann.org/resources/pages/data-protection-meetings-2017-12-08-en.
>
> On the call, a few community leaders reinforced the value of 
> coordination between ICANN org and the EPDP Working Group, 
> particularly around access model. To this end, please share with us 
> any thoughts you might have regarding a process by which:
>
> 1)     ICANN org can share guidance we receive from the DPAs and 
> European Data Protection Board with the EPDP Working Group.
>
> a.     Through its many recent actions: engaging with the ICANN 
> community, governments, the EDPB, and others, it is apparent that 
> ICANN is the midst of executing a plan to obtain certainty around the 
> various GDPR provisions. It would be instructive for the EPDP Team if 
> ICANN were to share its plan (or elements of it) so that the team can 
> anticipate the receipt (and timing) of new information. It would 
> also indicate where there is likely no additional information, i.e., 
> where the team would be left to draw conclusions based on the 
> information that is already available. This information would likely 
> cut down on the number of questions the ICANN Org receives from the team.
>
> We understand that the plan must have a degree of informality and be 
> flexible, with each step based upon the information received in the 
> step before it. However, where available, it would be instructive to 
> know the planned-for objectives, expected learnings, a set of ultimate 
> questions to be answered, planned inquiries, targets and so on.
>
> b.     While ICANN has published each communication, the findings or 
> results of those communications have not been organized in anyway of 
> which we know. For example, observers of the back-and-forth between 
> the ICANN Org and the EDPB have offered conclusions that can be drawn 
> from these documents. However, no one has organized those conclusions 
> in a way that might become a rule set or set of guidelines for those 
> reviewing the Temporary Specification or creating an access model.
>
>
> Coincidentally, in today’s EPDP meeting such a request was made: for 
> disclosure of all the communications with the EDPB and DPAs, the 
> staff commentary to those communications, and some organization of same.
>
> c.     We also wish to hear of developments related to GDPR in other 
> industries, if available, such as:
>
>  1. what data processing protocols have been adopted
>  2. what data processing protocols have been tested in courts
>  3. what other privacy regimes are in works in other jurisdictions
>  4. what data is available regarding:
>
>      1. the effects of GDPR on malfeasance detection, avoidance
>      2. other positive or negative effects of GDPR
>
>
> 2)    How the EPDP Working Group will provide input regarding access 
> to ICANN org to use in our interactions with DPAs and European Data 
> Protection Board to obtain legal guidance that will help guide the 
> Working Group in its work. As you know, we post all information we 
> receive through our blogs and engage with stakeholders, also 
> through communications we post whether through correspondence or 
> comments via gdpr at icann.org <mailto:gdpr at icann.org>.
>
> a.     The EPDP team’s third set of deliverables is to provide an, 
> “Initial Report and a Final Report regarding the EPDP Team’s 
> recommendations … for a System for Accredited Access to Non-Public 
> Registration Data.” Work on this could begin as early as 
> the completion and publication of the Initial Report on the 
> Temporary Specification. (The Team stays in close contact with the 
> GNSO Council leadership in pursuit of the deliverables to ensure the 
> spirit and letter of the EPDP Charter is followed.)
>
> b.     While our current answer to this question is not yet finely 
> honed, it is likely that, from time to time, the EPDP Team will have 
> question regarding the constraints / opportunities imposed by the 
> GDPR. These questions might take the form of a proposed access model 
> (or elements of an access model).  The EPDP Team will forward those to 
> ICANN, which, in turn, can test them against its own knowledge base, 
> with DPAs, with the EDPB, or elsewhere.
>
> c.     As ICANN is a data controller involved in the collection, use 
> and disclosure of the same data that is the subject matter of this 
> Team’s work, it is expected that ICANN will work with the team on the 
> successor to the Temporary Specification and an access model.
>
> I hope you find this response helpful. The team is keen to continue an 
> active correspondence with ICANN in order to flesh out the 
> framework provided by GDPR with detailed clarifications, 
> implementation guidance and cases from other, similarly situated 
> industries that have faced many of these same issues.
>
> We also plan to remain in close communication with ICANN leaders 
> on this topic, through the ICANN-provided liaisons to the EPDP Team.
>
> Sincerely,
>
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