[Gnso-epdp-team] Controllership Language for Initial Report

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Tue Nov 13 16:44:17 UTC 2018

If you are talking about the IPC team agreeing, Brian, fine.  I don't think the EPDP has any consensus position on controllership at all, which is why I support delaying the release of the report until we can at least frame our questions.  ICANN as a body, including this PDP, needs to analyze the current situation and determine status.  Given the inattention to registrant rights and data protection law throughout the history of ICANN, not much is clear....the contracts have embedded policy that was not community-developed, ICANN has taken on sole responsibility for some functions that are normal business requirements (eg Escrow), so determining what the framework is is not so simple.  WE need to do that to figure out quite a few things under GDPR.


On 2018-11-13 11:03, King, Brian via Gnso-epdp-team wrote:
Hi All,

If I still have posting rights to the list, here is some language for your consideration as a first draft of the EPDP’s position on ICANN controllership for the Initial Report:

The team agrees that ICANN is at least a controller for all purposes identified, and perhaps the sole controller for some or all purposes. The team eagerly awaits the receipt of the legal memorandum about ICANN’s controllership role that is currently being drafted. As the memorandum was not received prior to the publication deadline for the Initial Report, the team requests that this memorandum be produced as soon as possible to inform both public comment and the group’s views on controllership for the Final Report.

I’ll defer to Alex and Diane on further IPC input from here.

Brian J. King
Director of Internet Policy & Industry Affairs
MarkMonitor / Part of Clarivate Analytics
Phone: +1 (443) 761-3726
brian.king at markmonitor.com<mailto:brian.king at markmonitor.com>

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