[Gnso-epdp-team] ICANN Org response to EPDP Team Question - discussions with EDPB/DPAs

Kavouss Arasteh kavouss.arasteh at gmail.com
Tue Dec 25 21:48:33 UTC 2018

Dear Kurt,

Dear All,

First of all Merry Christmas to all

I wish you a very happy and joyful 2019

I sent similar message to another Icann Community grouop and only a very
handful / few replied.

Secondly ,In spite of difficulties in examining the comments received under
public comment which I have conveyed to Kurt and the secretariat and on
which I expect some action, in quick glance to publix c comments, I have
noted that there are the following categories of commenters


   So/AC Commenters

   Individual commenters which comprises of two sub categories

   2.1      Individual not member of the EPDP Team

   2.2      Individual members of EPDP Team

   I understand the objectives of the comments for categories 1 and 2.1

   With respect to sub category 2.1 there are two types of comments

   2.2.1   Those individual EPDP members that agreed to the Recommendation
   as contained in the initial Report

   2.2.2   Those individual EPDP members that did NOT agreed to the
   Recommendation as contained in the initial Report

    I have certain difficulties to understand the objectives / position of
   sub-categories mentioned in 2.2.2

   It is recognized that the Recommendations contained in the initial
   report were none consensus Recommendation however, all these
   Recommendations have been amply and extensively discussed during many hours
   and evry one has had time and opportunities to express her / his views
   which were included in the draft 8 initial Recommendations.

   Consequently, it is surprising that people requiring double opportunity
   to comments a) during the Team debate and b) during the public comments
   .The charter is silent in this regard but customary law and standard
   practice dictates that once an individual agreed to a text ( without
   expressing her/ his disagreement in an explicit manner ),she/ he should
   normally respects what she /he has  already agreed at the level of
   initial discussion..

   It is therefore unusual to have double opportunity to contradict what
   she 7 he already agreed.

   In view of the above, I have serious doubt about such comments.

   It is therefroe necessary to discuss this unusual comment.

On Sun, Dec 23, 2018 at 5:36 PM Arasteh <kavouss.arasteh at gmail.com> wrote:

> Dear Marika & Secretariat
> May I wish you and other colleagues a very merry Christmas and joyful New
> Years
> Pls kind inform me as soon the consolidated public comments are available
> for verification by the Team
> Regards
> Kavouss
> Sent from my iPhone
> On 23 Dec 2018, at 08:50, Marika Konings <marika.konings at icann.org> wrote:
> Dear All,
> Please find hereby the ICANN Org response to the following question:
> *Question: *
> Is there any further information that can be provided in relation to the
> discussions that have been held with the EDPB and/or DPAs in addition to
> the blog posts and correspondence that have been shared, such as briefing
> notes and summaries of meetings?
> *Response:*
> Aside from the blog posts and correspondence that have already been
> shared, and consistent with ICANN Publication Practices
> <https://www.icann.org/resources/pages/publication-practices-2016-06-30-en>,
> ICANN org has not identified any additional notes or summaries of meetings
> that are suitable for publication.
> ICANN org has previously stated that having clear guidance may increase
> legal certainty for ICANN and the contracted parties as well as assist the
> community in the Expedited Policy Development Process (EPDP) to consider
> the Temporary Specification for gTLD Registration Data
> <https://www.icann.org/resources/pages/gtld-registration-data-specs-en> (Temp
> Spec). Our commitment to transparency in publishing summaries of our
> interactions with the EDPB supports this stated purpose.
> In this regard, we’ve posted summaries of our conversations with the EDPB
> and DPAs on ICANN’s Data Protection/Privacy Issues
> <https://www.icann.org/dataprotectionprivacy> page. The purpose of these
> conversations has been to educate, inform, and request guidance. In these
> discussions, we have also relayed to the EDPB the concerns and questions
> that we have solicited from the community.
> Additionally, in the Work and Tools section of the EDPB website, the EDPB
> states that: “We issue general guidance to promote a common understanding
> of European data protection laws, both across the European Union and around
> the world. We clarify data protection provisions, advise the European
> Commission and provide the general public and stakeholders with our
> interpretation of their rights and obligations. We can issue guidelines,
> recommendations and best practices about the GDPR and the Law Enforcement
> Directive, as well as other documents.” Accordingly, guidance from the EDPB
> to ICANN is publicly posted on their website and ICANN’s website so that
> the guidance is available for all interested parties and can help inform
> the work of the community.
> ICANN org remains available to answer any questions that the EPDP Team may
> have regarding any specific topic.
> This response will also get posted here:
> https://community.icann.org/x/ahppBQ.
> Best regards,
> Caitlin, Berry and Marika
> *Marika Konings*
> *Vice President, Policy Development Support – GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN) *
> *Email: marika.konings at icann.org <marika.konings at icann.org>  *
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