[Gnso-epdp-team] FW: [Ext] Re: [GNSO-EPDP-Lead] Purpose B Small Team

[Alex Deacon]

Thanks Benedict.

I agree that this needs to be further discussed with the entire team.

Until then here are my thoughts on the new language.

First, as I mentioned in LA, many believe SSR issues do not cover issues
related to IP so its not at all clear to me if the issues important to the
IPC are covered.  As for the use of the phrase "indicating possible
criminal acts" it is to narrow (or specific) of a reason to cover the work
that IP investigators do.   Remember that the IP owner is responsible for
"policing" their own content (and rights) and investigations start before
"criminal acts" are claimed or determined.

Also, I believe it is important that we be as specific as possible when
describing "who" (with a legitimate interest) may get access to this data.
  The GDPR requires this and its been my experience that if we are not
specific the question of "who" gets access to this data will be left up to
interpretation - which in the end will result in an unevenly applied
policy.  Cleary we would like to avoid this.   I also assume these purposes
will be "re-purposed" into language that will be provided to the registrant
during registration (or renewal) thus specificity is required.

I am having a deja vu however - in LA there was discussion about creating a
separate ICANN purpose for SSR issues.  FWIW I wouldn't object to that.

Finally, If you (we)  remember from the LA meeting we agreed that
Registries and Registrars would draft a Workbook for Purpose B for
themselves and then we would discuss Purpose B from an ICANN point of
view.   Attached is a Workbook for ICANN Purpose B that several of us
(another "small team" made up of IPC, BC and others)  have been working on
this week for consideration by the full team.   (Apologies but It currently
uses the old template.)    I look forward to discussing this in Barcelona
with all of you.

Safe travels to all.

Alex


On Tue, Oct 16, 2018 at 2:28 PM Caitlin Tubergen <caitlin.tubergen at icann.org>
wrote:

> Thanks, Benedict.
>
>
>
> Given the proximity to ICANN63, we took the liberty of sending this
> language to the full team so that we can discuss in Barcelona.
>
>
> Thanks again for taking the lead on this!
>
>
>
> Best regards,
>
>
>
> Marika, Berry and Caitlin
>
>
>
> *From: *Benedict Addis <bee at theale.co.uk>
> *Date: *Tuesday, October 16, 2018 at 6:21 AM
> *To: *Kurt Pritz <kurt at kjpritz.com>
> *Cc: *Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>, Thomas
> Rickert <epdp at gdpr.ninja>, Lindsay Hamilton-Reid <
> lindsay.hamilton-reid at fasthosts.com>, Caitlin Tubergen <
> caitlin.tubergen at icann.org>, "gnso-epdp-lead at icann.org" <
> gnso-epdp-lead at icann.org>
> *Subject: *[Ext] Re: [GNSO-EPDP-Lead] Purpose B Small Team
>
>
>
> Dear all,
>
>
>
> On Kurt’s suggestion, I propose the following Purpose B that relies
> directly on the language in Recitals 47, 49 and 50.
>
>
>
> [ICANN requires that registration data is processed for the purpose of...]
>
>
>
> maintaining the security, stability and resiliency of the Domain Name
> System. This will involve the disclosure of existing registration data to
> legitimate third parties, for the following reasons only: 1) fraud
> prevention; 2) network and information security; and 3) indicating possible
> criminal acts, or threats to public security.
>
>
>
> I think that for ICANN, disclosure will happen under 6(1)f. Third parties
> will require a lawful basis of their own for their processing, governed by
> a common set of standards that we’ll discuss when we come to the access
> discussion.
>
>
>
> Thoughts?
>
> B
>
>
>
>
>
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-- 
___________
*Alex Deacon*
Cole Valley Consulting
alex at colevalleyconsulting.com
+1.415.488.6009
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