[Gnso-epdp-team] draft EDPB

[Kurt Pritz]

Hi Stephanie (and everyone):

Thanks everyone for all your comments. Under the heading that no good deed goes unpunished,  here are some thoughts I have about the letter to the EDPB - some are from the time when I participated in the drafting and some come from reviewing the present draft. 

I think your objective to keep it short and informative only is correct. It seems appropriately scoped. 

In the first couple paragraphs I tried to have the “just right” amount of ICANN description / explanation (taking out quite a bit from previous drafts). I am bringing this up to let you know that the ICANN description in the letter is open for amendment — in order to find that “just right” description. I think it is fine as written and, given the commentary below, I would leave it for Stephanie implement, or not, any edits to the introductory paragraphs.

We might emphasize that this effort is a de novo review of ICANN’s previous work. 

During our small team call, Stephanie indicated that a previous EDPB letter told ICANN to “get after it.” We might indicate that we are doing that, working to an accelerated schedule.

In our introduction of the initial report, we might indicate that the report begins with a synopsis of all the recommendations or that the report includes detailed data processing analysis that the EDPB might find interesting. We could also point out that the summary of recommendations is available in the UN languages. 

We might point out that our work has led to a number of legal questions and that we are seeking resolution from independent legal counsel and possibly DPAs. 

We might indicate that a final report will be forthcoming in the next few months and also that there will be some implementation steps after that - to set expectations and establish a record for the expected timing. 

The question of whether to send letter remains. It seems appropriate to do so for the purpose of providing a record that the domain name industry and ecosystem has undertaken a substantial effort (albeit somewhat late).

Thx and regards,

Kurt


> On Dec 5, 2018, at 8:11 AM, Mark Svancarek (CELA) via Gnso-epdp-team <gnso-epdp-team at icann.org> wrote:
> 
> I think that is good.
>  
> From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi
> Sent: Wednesday, December 5, 2018 6:21 AM
> To: Amr Elsadr <aelsadr at icannpolicy.ninja>
> Cc: gnso-epdp-team at icann.org
> Subject: Re: [Gnso-epdp-team] draft EDPB
>  
> Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion
>  
> "ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission"
>  
> Best
> Hadia
>  
>  
> From: Amr Elsadr [mailto:aelsadr at icannpolicy.ninja <mailto:aelsadr at icannpolicy.ninja>] 
> Sent: Wednesday, December 05, 2018 3:57 PM
> To: Hadia Abdelsalam Mokhtar EL miniawi
> Cc: Stephanie Perrin; gnso-epdp-team at icann.org <mailto:gnso-epdp-team at icann.org>
> Subject: Re: [Gnso-epdp-team] draft EDPB
>  
> Hi Hadia,
>  
> Responses in-line:
>  
> 
> On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia at tra.gov.eg <mailto:Hadia at tra.gov.eg>> wrote:
>  
> Sorry a correction to the email that I sent in a rush below
>  
> Dear Stephanie, 
>  
> Thank you and all who have contributed to the  EDPB draft letter. However I do not agree with the statement in the first paragraph that says
>  
> " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation  of the Internet's system of unique identifiers, i.e., domain names and IP addresses."  
>  
> The above statement attempts to define ICANN's mission – which is indeed out of our scope -  and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation  of the Internet's system of unique identifier. To remind you the letter of July 5  from EDPB said  
>  
> " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …”
>  
>  
> The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to?
>  
> 
> I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance"
> The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the  Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate.  
>  
>  
> Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do.
>  
> Thanks.
>  
> Amr
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