[Gnso-epdp-team] action item follow-up

Hadia Abdelsalam Mokhtar EL miniawi Hadia at tra.gov.eg
Mon Sep 24 14:09:47 UTC 2018

Dear All,

With regard to section 4 Lawfulness and Purposes of processing gTLD Registration Data, with respect to 4.8 and 4.9

I believe that the fault of the temporary Spec from the very beginning was putting the framework as a purpose. The framework in itself is not a purpose, it is the means through which we shall reach our goals and the policy will be implemented. Therefore both the original language as well as the suggested language don't really speak about the main purposes of the clauses. The purpose of 4.8 is the DNS abuses investigation and mitigation which involves identifying proliferation of malware, identity theft, domain name hijacking, distributed denial of Service attacks and deploying measures to mitigate them in addition to ICANN's DNS oversight obligations that require ICANN to fulfill its responsibilities in ensuring the stable and secure operation of the Internet unique identifiers and this is by addressing contractual compliance functions such as complaints submitted by registries, registrars, registrants and internet users.

So I suggest the following language which is consistent with what Asley drafted earlier for 4.9

Enabling the prevention and detection of fraud, cybercrime and illegal DNS abuse to promote the resilience, security, stability and reliability of the DNS and the Internet. Promoting competition and the protection of the consumers and the intellectual property right holders


From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Marika Konings <marika.konings at icann.org>
Sent: 20 September 2018 23:50
To: Thomas Rickert; Caitlin Tubergen
Cc: gnso-epdp-team at icann.org
Subject: Re: [Gnso-epdp-team] action item follow-up

Dear All,

Following on from Thomas’s email, the attached mind map may also assist in visualizing how the different EPDP Team work products that are currently in play (DSIs, data matrix, overview of purposes table) are aligned with the different charter questions.

Best regards,

Caitlin, Berry and Marika

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Thomas Rickert <epdp at gdpr.ninja>
Date: Thursday, September 20, 2018 at 13:24
To: Caitlin Tubergen <caitlin.tubergen at icann.org>
Cc: "gnso-epdp-team at icann.org" <gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] action item follow-up

Hi all,
Thanks Caitlin for sharing the matrix.

I think I should add a few notes to avoid confusion:

- The matrix looks frightening, but you might appreciate its beauty (if any :-)) as it is a step by step approach to doing the tests we have to do to agree on the purposes and their legitimacy. Actually, the test pattern is similar for most of the tabs of the table.

- The matrix needs to be further worked on. In particular, the test of Art 6 I f needs to be broken down in more detail to facilitate the assessment of legality. Also, the table can be made much prettier. What we sent to staff and Kurt and what you got now is just an attempt to illustrate how we think our task can be accomplished successfully. So it shall help slice an dice the issue.

- We will be able to answer the chartering questions mentioned in the names of the tabs once we have gone through the table and populate the cells. We will potentially even have answered more questions from the charter after the exercise, e.g. the question about legal vs. natural persons.

- There will be less and less cells to populate and we can potentially group cells (registrant data etc as a package) after a first analysis.

We wil try to further work on this before we meet in L.A. and maybe we can have small teams work on individual questions.

All the best,
Am 20.09.2018 um 20:29 schrieb Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>:

Dear All,

Further to the ICANN support team’s action item to send Thomas and Farzaneh’s updated matrix, please find the matrix attached.

Additionally, Alex Deacon proposed an updated methodology in reference to analyzing the Overview of Purposes “x” matrix. Alex suggested including the registrar-drafted purposes language for the columns marked as a registrar purpose, and, as an action, for registries to propose draft purposes language for columns marked as registry purposes for §4.4.

Accordingly, can the registry EPDP team members please use the attached document entitled “Copy Overview of Purposes – 19 Sept 2018” to propose draft language for registry purposes? Please use a different color to denote updated language so that the changes are easily visible. The deadline for providing the updated registry purposes to the list is Monday, 24 September so that the group can discuss §4.4 comprehensively during its F2F meeting.

Lastly, for those requesting the agenda and logistics, please find the agenda here: https://community.icann.org/x/rQarBQ. UTC times are now included. Please note the Leadership Team is in the process of updating the agenda pursuant to the feedback received today.

Thank you.

Best regards,

Marika, Berry and Caitlin

<Data Elements Matrix - TR update[3].xlsx><Copy of Overview of Purposes - 19 Sept 2018.xlsx>_______________________________________________
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