[Gnso-epdp-team] [Ext] Question to ICANN re: Dispute Resolution Providers Data Processing Agreements

Trang Nguyen trang.nguyen at icann.org
Wed Dec 19 23:51:50 UTC 2018

Dear Kurt,

Thank you for your note. Similar to the other email on data escrow, we do continue to have some concerns with recommendation 18 regarding dispute resolution, particularly as it relates to the roles and responsibilities of ICANN, the contracted parties, and dispute resolution service providers. This email also makes reference to ICANN being the sole controller as it relates to dispute resolutions, but we were under the impression that the discussion on this topic is still open and we haven’t seen any analyses on this or documentation of consensus calls from the EPDP Team on this topic. If this is not correct, then please clarify for us.

Thanks again for your email and we look forward to continuing discussions with the EPDP Team on this topic.


Dan and Trang
ICANN Org Liaisons

From: Kurt Pritz <kurt at kjpritz.com>
Date: Friday, December 14, 2018 at 3:21 PM
To: Daniel Halloran <daniel.halloran at icann.org>, Trang Nguyen <trang.nguyen at icann.org>
Cc: GNSO EPDP <gnso-epdp-team at icann.org>
Subject: [Ext] Question to ICANN re: Dispute Resolution Providers Data Processing Agreements

Dear Dan and Trang:
I am writing to you in your capacity as the ICANN organisation liaisons to the EPDP Team.
As you may recall, the EPDP Team discussed issues related to the EPDP Team’s assessment of responsible parties, specifically in relation to dispute resolution providers. For more information regarding the Team’s assessment of responsible parties vis-à-vis ICANN and dispute resolution providers, please refer to p. 20 of the Initial Report [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_default_files_file_field-2Dfile-2Dattach_epdp-2Dgtld-2Dregistration-2Ddata-2Dspecs-2Dinitial-2D21nov18-2Den.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=NghSLFqweTwAOFMJpbYA3LcVJ0Vvvw6-wxrKoS5l6VY&m=F3yKpD8bVPBZUc207rNdu1OzpsOcIwlY3QPsYZP9JOM&s=W13AWUZC2lO1N-wmLKV4d1rnGNM8kLyMYIyDnGmEI5o&e=>. As you recall, Recommendation #18 provides:
“The EPDP Team recommends that ICANN Org must enter into data processing agreements with dispute resolution providers in which, amongst other items, the data retention period is specifically addressed, as this will affect the ability to have publicly-available decisions.”
In an email on the topic, the ICANN organization stated, “[a]dditional discussions and analyses may be needed on this topic.” This comment specifically went to the EPDP indication that, in dispute resolution processes, ICANN is the sole data controller. Following the discussion during the EPDP Team’s meeting<https://community.icann.org/display/EOTSFGRD/2018-12-04+EPDP+Team+call+%2331> on 4 December 2018, the Team agreed that no changes to Recommendation #18 were required.
If ICANN org disagrees with or wishes to discuss the Recommendation #10 or EPDP Team’s assessment regarding the responsibility of the parties, please engage with the EPDP Team at your earliest convenience and in time to inform its deliberations as it prepares its Final Report. This, we think, will require a response prior to the end of year ICANN shutdown.
Thanks very much for taking time to consider this.
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