[Gnso-epdp-team] Fwd: [Ext] Legal Service Procurement

Anderson, Marc mcanderson at verisign.com
Tue Jan 15 06:05:54 UTC 2019

Kurt, thank you for the update, glad to hear we have procured legal advice and it’s good news that Ruth Boardman will be present in Toronto.

This may be unfair to ask so soon after getting legal services, but do you have any thoughts on how this fits into our timelines/schedule?  Noting that our phase 1 final report is due in less than 3 weeks, it doesn’t leave much time for meaningful advice to be developed and incorporated into the final report.



From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> On Behalf Of Kurt Pritz
Sent: Sunday, January 13, 2019 3:56 PM
To: EPDP <gnso-epdp-team at icann.org>
Cc: John Jeffrey <john.jeffrey at icann.org>
Subject: [EXTERNAL] [Gnso-epdp-team] Fwd: [Ext] Legal Service Procurement

Hi Everyone:

Please see Dan Halloran’s email below regarding the procurement of a legal advisor for our team.

I spoke to John Jeffrey and he confirmed that Ruth Boardman will be present in Toronto but I do not yet know the extent of her presence or availability. Dan has offered Ruth the initial report for review, pointing to the questions that are posed there. So Ruth will have some familiarity with the issues coming into the meeting.

I will recommend that the EPDP Legal Team meet with Ruth Boardman near the outset of the meeting to review the questions we have and in order to iterate them a bit. We might be able to get some preliminary inputs to inform our discussion at that point.

Also, Ruth should  spend some considerable time with the plenary toward the middle of the meeting, say half of the session Tuesday so she can observe the discussion and pose / receive questions.

Finally, I hope she can meet with the legal team again toward the end to firm up initial answers provided in the first discussion and have a briefing on new issues raised.

So, pretty good news. I have a few more points.

In thinking about how to work with this I attempted to balance our opportunity to interact with legal counsel against our need to avoid distractions and keep our mind focused on the issues at hand. I prefer no disruptions at this point but the opportunity to work with legal counsel in a face-to-cae manner is important.

Also, I am concerned about taking the Legal Team, nine key members, out of the plenary discussion to meet with outside counsel. I propose the answer to this might the creation of a parallel small team to review and consider data elements and data flows in detail. I think this is an equally important issue but one that might not capture the fascination of everyone. It seems like a good division of interests: legal and data. We can run these two meetings coincidentally for a couple hours.

In another approach to find time for the Legal Team, The Legal Team might meet with Ruth at breakfast or dinner. We are checking Ruth’s availability for this .

I hope you find this useful. See you soon.


   Begin forwarded message:

   From: Daniel Halloran <daniel.halloran at icann.org<mailto:daniel.halloran at icann.org>>

   Subject: Re: [Ext] Legal Service Procurement

   Date: January 10, 2019 at 3:08:01 PM PST

   To: Kurt Pritz <kurt at kjpritz.com<mailto:kurt at kjpritz.com>>

   Cc: John Jeffrey <john.jeffrey at icann.org<mailto:john.jeffrey at icann.org>>, "gnso-epdp-legal at icann.org<mailto:gnso-epdp-legal at icann.org>" <gnso-epdp-legal at icann.org<mailto:gnso-epdp-legal at icann.org>>

   Thank you Kurt and the rest of the EPDP Legal Team.

   We are pleased to inform you that ICANN org has retained the law firm of Bird & Bird as an additional expert to help advise on GDPR matters, including advising the EPDP Team. Bird & Bird is a leading international law firm with over 1300 lawyers in 29 offices across Europe, the Middle East, Asia-Pacific and North America with a highly regarded International Privacy & Data Protection Group that advises clients throughout the world. <https://www.twobirds.com/en/practice-areas/privacy-and-data-protection>

   The engagement will be led by Ruth Boardman, who jointly heads Bird & Bird’s International Privacy and Data Protection Group and has extensive experience advising public and private sector organizations on data privacy matters, including representing them on their dealings with Data Protection Authorities and the EU’s Article 29 Working Party, now the European Data Protection Board. <https://www.twobirds.com/en/our-lawyers/r/ruth-boardman1>

   ICANN has used the services of Bird & Bird in the past for public advice to the community Thick WHOIS Implementation Review Team, which included a written memorandum as well as attending a meeting of the Implementation Review Team to provide direct responses and engagement with the community as they worked to finalize implementation plans for transitioning gTLDs from “thin” WHOIS to “thick” WHOIS. Given the positive experience with working with Bird & Bird on this public advice, Bird & Bird’s understanding of ICANN and its ecosystem, as well as its deep expertise in international privacy and data protection matters, we expect that Ruth and the Bird & Bird team can help provide additional expertise that will advance the efforts of ICANN org and the GNSO Expedited PDP Team.

   Thank you for your attention. I look forward to seeing you all in Toronto next week.

   Best regards,

      On Jan 6, 2019, at 6:26 PM, Kurt Pritz <kurt at kjpritz.com<mailto:kurt at kjpritz.com>> wrote:

      Hi Dan:

      To keep the ball rolling on the procurement of legal services, I am attaching a document to aid in the effort. The doc is a compilation of the SOW written by Stephanie and Diane, as well as note on Conflict (by Margie) and on possible efficiencies by Thomas.

      Please let me know the extent to which this is successful and what else is required.

      To the Legal Team, I apologize that this document does not encompass all the thought that has gone into this effort or did not consult with you on this document but I wanted to get something to ICANN to expedite the procurement. We can continue to augment this material as the procurement continues.

      Best regards,


      <EPDP Legal SOW.docx>

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