[Gnso-epdp-team] Notes and action items from today's EPDP Team Meeting - 11 September 2018

Kavouss Arasteh kavouss.arasteh at gmail.com
Tue Sep 11 18:21:23 UTC 2018


Dear Thomas,
In discussing D

On Tue, Sep 11, 2018 at 5:45 PM Marika Konings <marika.konings at icann.org>
wrote:

> Dear All,
>
>
> Below, please find notes and action items from today’s EPDP Team Call.
>
>
>
> As a reminder, our next meeting will be *Thursday, **13 September, 13:00
> UTC*.
>
>
>
> Best regards,
>
>
>
> Caitlin, Berry, and Marika
>
>
>
> ===============
>
>
>
> EPDP Team Meeting #12
>
> Tuesday, 11 September 2018
>
> Notes and Action Items
>
>
>
> *High-level Notes/Actions:*
>
>
>
> *Action item #1*: EPDP Team to review slides in relation to the updates
> (especially with regard to scheduling of topics going forward)  from the
> EPDP Team Chair and share any comments / questions with the mailing list.
>
>
>
> *Action item #2*: All members, alternates and liaisons to complete the
> GDPR training as soon as possible but no later than 17 September.
>
>
>
> *Action item* *#3*: GDPR session with Becky Burr scheduled for 18
> September. EPDP Team members to submit questions in advance to allow for
> adequate preparation. The session time will be posted as soon as it is
> available.
>
>
>
> *Action item #4*: EPDP Leadership team to submit triage report to GNSO
> Council.
>
>
>
> *Action item #5*: EPDP Team to review outstanding action items - see
> https://community.icann.org/x/NwSNBQ
>
>
>
> *Action item #6: *EPDP Team to review email from Kurt re. Registrar
> purposes (see
> https://mm.icann.org/pipermail/gnso-epdp-team/2018-September/000337.html)
> and provide input by Friday 14 September at 19.00 UTC at the latest.
>
>
>
> *Action item #7*: EPDP Team to review overview of purposes table and
> provide input on whether this provides an accurate picture. Focus should be
> on the purposes for collection and other processing (Registrar, Registry
> and ICANN), but not access (Third party interests) as these will be
> considered in further detail in the context of the standardized access
> discussion. Also consider whether purposes are sufficiently specific? Team
> input to commence  now and will finishby 19.00 UTC on Friday 14 September.
> Thomas and Benedict will take that input to create an agenda for the
> Tuesday meeting.
>
>
>
> *Action item #8*: Support team to put overview of purposes table into
> google doc to facilitate input from EPDP Team.
>
>
>
> *Action item #9*: Support team to collate RySG proposal and Margie's
> proposal into one document.
>
>
>
> *Action item #10*: EPDP Team to provide input at the latest by Friday 14
> September 19.00 UTC on Margie's proposal as well as RySG proposal in
> relation to Appendix C in view of wrapping up this discussion during next
> Tuesday's meeting.
>
>
>
> *Questions for ICANN Org from the EPDP Team:*
>
> None
>
>
>
> *All Action items: *
>
>
>
> *Notes & Action items*
>
>
>
> *These high-level notes are designed to help the EPDP Team navigate
> through the content of the call and are not meant as a substitute for the
> transcript and/or recording. The MP3, transcript, and chat are provided
> separately and are posted on the wiki at: *
> *https://community.icann.org/x/2IpHBQ*
> <https://community.icann.org/x/2IpHBQ>*.*
>
>
>
> 1. Roll Call & SOI Updates
>
>    - Attendance will be taken from Adobe Connect
>    - Please remember to mute your microphones when not speaking, and
>    state your name before speaking for transcription purposes.
>    - Please remember to review your SOIs on a regular basis and update as
>    needed. Updates are required to be shared with the EPDP Team.
>
>
>
> 2. Welcome and Updates from EPDP Team Chair
>
>
>
> *Action item #1*: EPDP Team to review slides in relation to the updates
> from the EPDP Team Chair and share any comments / questions with the
> mailing list.
>
>
>
> *Enhanced working methods*
>
>
>
>    - Received many comments about diving into substance and deal with
>    administrative matters over email.
>    - See proposed enhancements outlined in the slides. It may feel like
>    hopping around, but the objective is to create more time for review and
>    discussion.
>
>
>
> *Update on status of GDPR training*
>
>
>
> *Action item #2*: All members, alternates and liaisons to complete the
> GDPR training as soon as possible but no later than 17 September.
>
>
>
> *Action item* *#3*: GDPR session with Becky Burr scheduled for 18
> September. EPDP Team members to submit questions in advance to allow for
> adequate preparation.
>
>
>
> *Triage report *
>
>    - completed and will be submitted to GNSO Council.
>
>
>
> *Action item #4*: EPDP Leadership team to submit triage report to GNSO
> Council.
>
>
>
> *Action item #5*: EPDP Team to review outstanding action items - see
> https://community.icann.org/x/NwSNBQ
>
>
>
> *Other updates, if applicable*
>
>    - EPDP Timeline - note there are 10 meetings remaining to ICANN63.
>    Little time remaining to come to agreement on recommendations for Initial
>    Report.
>    - Any ideas / suggestions on how to expedite progress are welcome.
>
>
>
> 3. Next steps: Section 4, Appendix C
>
>    - Work done by Benedict and Thomas - section 4.4 to be subdivided into
>    parts:
>    - Registrar purposes for processing data
>    - Registry purposes for processing data
>    - ICANN purposes for processing data
>    - Third-party purposes for processing data
>    - See also email circulated by Kurt in relation to registrar purposes.
>    Idea is to put these into google doc so further input can be provided and
>    hopefully can be finalized shortly.
>    - Document prepared by Benedict and Thomas: none should be taken as
>    carved in stone. Should be able to revisit language in the matrix. Other
>    teams are working on some of the sections on this list. Objective is to
>    obtain more clarity about the purposes and whose purposes those are - who
>    is the group / entity pursuing a certain purpose. Some may need to be
>    further clarified and/or regrouped. This should be taken as a first step.
>    - EPDP Team encouraged to speak up where they disagree so that those
>    issues can be addressed.
>    - Is a registrant column needed? Shouldn't registrant at a minimum be
>    able to verify independent of their own registrar what information is
>    stored about them? The information right is enshrined in the GDPR so that
>    is already a legal right. Purposes are for controllers as such, Registered
>    Name Holder may not need to be added.
>    - Aiming to group certain purposes together.
>    - Being able to identify patterns of abusive registrations is a
>    technique not a purpose, similar to the supporting a framework for research
>    access. Consider removing it.
>    - Helpful starting point.
>    - Concern about enabling the prevention and detection of cybercrime -
>    revised draft language is not an ICANN purpose but a third party one. Could
>    open the door to collect additional data which may not be supported by
>    ICANN's mission.
>    - ICANN purposes broadly define the reasons for collection. Rather
>    than to exhaustively try to list third party interests, acknowledge that
>    those exists and ask third parties to act as controllers for the data that
>    they access / process. In that way, they are legally responsible - probably
>    better suited for the access model discussion.
>    - Reflecting the rights of a Registered Name Holder - any objection to
>    accepting this as a purpose pursued by Registrar, Registry and ICANN
>    purpose? Isn't this also a purpose of the registered name holder? Consider
>    adding an additional column. To be updated in next iteration. Agreement
>    that this is a purpose that is pursued by Registry, Registrar, ICANN as
>    well as Registered Name Holder.
>    - Providing access to accurate, reliable and uniform Registration Data
>    consistent with GDPR - proposed to be parked until the group discusses
>    disclosure / access.
>    - Need to understand what the definitive purposes / legitimate
>    interests are. May need further guidance on the legitimate interests as
>    otherwise it will not be possible to get clarity around this.
>    - Consider using a more generic term instead of referring directly to
>    GDPR.
>    - Enabling a reliable mechanism for contacting the Registered Name
>    Holder
>    - Enabling a reliable mechanism for identifying the Registered Name
>    Holder
>    - Interests vs purposes - need to clarify what this means. When we
>    talk of 'third party interests' (note the plural) that is a generic
>    recognition that third parties have an interest in the data
>    - Are there situations in which RNH has contacted the Registry, for
>    example in the case of cybersecurity, malware situation? LE and security
>    researchers may prefer to work with registries in certain circumstances.
>    - Consider whether table should be in google doc or word to facilitate
>    input and collection of comments. Support team to put table in google doc
>    to facilitate input.
>
>
>
> *Action item #6*: EPDP Team to review overview of purposes table and
> provide input on whether this provides an accurate picture. Focus should be
> on the purposes for collection and other processing (Registrar, Registry
> and ICANN), but not access (Third party interests) as these will be
> considered in further detail in the context of the standardized access
> discussion. Also consider whether purposes are specific enough? Input to be
> circulated by 19.00 UTC on Friday 14 September.
>
>
>
> *Action item #7*: Support team to put overview of purposes table into
> google doc to facilitate input from EPDP Team.
>
>
>
> *Appendix C*
>
>
>
>    - See email circulated by Margie proposing retention of certain
>    aspects of Appendix C. Benefit to the community that certain principles are
>    addressed, especially where those specifically apply to WHOIS. For example,
>    principles for disclosure. Maintain transparency and accountability in
>    relation to certain sections. Need to add on standard terms in relation to
>    third party access.
>    - Summarizing existing legislation but not using exact references is
>    problematic. Similarly, if further updates are made in the future. This
>    creates uncertainty and difficulties.
>    - Published guidance will be helpful, but this may not need to go into
>    the agreements? This guidance could help inform implementation where
>    details would be fleshed out.
>    - Need additional time to review proposed retention of certain aspects
>    - provide further input on the list or either on a future call.
>    - Are terms/principles to third parties who access non-public data for
>    consideration now or during standardized access model? Are part of Appendix
>    C now so should be considered here. Does that mean that access is discussed
>    prior to gating questions being answered? How to memorialize that there
>    will be third party access without necessarily going into the details and
>    run ahead of the standardized access model conversation. Objective here is
>    that it confirms that there will be an access process and that contracted
>    parties are required to adhere to it. "Requiring" contracting parties to
>    adhere to an access model presumes that the model itself complies with the
>    law(s).
>    - Should chart, in updated form, be retained? Is it helpful to have
>    there? Mixed responses. May not be appropriate for inclusion in a contract.
>    Could serve as an illustrative document. EPDP Team is tasked to develop a
>    policy so its recommendations may not necessarily translate directly into
>    contractual requirements, there may be other ways in which implementation
>    is carried out.
>    - No agreement yet on a framework for access, only agreement for now
>    for Rr and Ry to provide access as outlined in temporary specification.
>
>
>
> *Action item #8*: Support team to collate RySG proposal and Margie's
> proposal into one document.
>
>
>
> *Action item #9*: EPDP Team to provide input at the latest by Friday 14
> September 19.00 UTC on Margie's proposal as well as RySG proposal in
> relation to Appendix C in view of wrapping up this discussion during next
> Tuesday's meeting.
>
>
>
> 4. Review data matrix formed from RDS work and Thomas’s chart
>
> High-level overview of chart
>
> Discuss proposed amendments to Chart
>
> Agree on next steps
>
>
>
>    - Deferred to next meeting
>
>
>
> 5. Introduction to Appendix A
>
>
>
>    - Deferred to next meeting
>
>
>
> 6. Confirm action items and questions for ICANN Org, if any
>
>
>
> 7. Wrap and confirm next meeting to be scheduled for Thursday 13 September
> at 13.00 UTC.
>
>
>
> *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>  *
>
>
>
> *Follow the GNSO via Twitter @ICANN_GNSO*
>
> *Find out more about the GNSO by taking our interactive courses
> <http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages
> <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>. *
>
>
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