[Gnso-epdp-team] legal advice and budget

[Matt Serlin]

I agree with Volker…it’s hard to ask for more budget when we don’t actually know what we are going to be spending with the yet and we haven’t exactly formulated what additional interaction we may have with B&B as we move forward.

Having said that, if the group determines we do need additional legal guidance and input, I’d like to think we will be able to get additional funds should that be needed at some point down the road. Legal guidance will be absolutely critical here and I’d hate to see budget issues get in the way of a high quality outcome. I just don’t think we’re there yet.

Regards,
Matt.

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Volker Greimann <vgreimann at key-systems.net>
Date: Thursday, May 23, 2019 at 9:58 AM
To: "gnso-epdp-team at icann.org" <gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] legal advice and budget


Before we start looking at a bigger pot to spend, lets first see if we can cull needless questions and make better use of the funds we do have.

Volker
Am 23.05.2019 um 17:51 schrieb Greg Aaron:
Janis, if more budget may be needed for legal advice, can you start the process of acquiring it?

Marika noted in chat today: “Do also note that there is a limited budget available - passing all these questions on may take up most of that budget which might prevent follow up on any further questions the group may have.”

This PDP is fundamentally about legal issues, and having access to legal advice is essential.  This is a place where ICANN should be spending resources.  Please see SAC104, where SSAC raised this issue to the Council last December:

“2.2 Legal Advice v The EPDP has been largely about legal issues, but the EPDP team has not [always] had access to neutral, expert, outside legal advice. [Bird & Bird was not retained until late into Phase 1.] This is a notable omission given the consequences and regulatory complexity of the work. The SSAC urges the GNSO Council to re-examine this as further policy-making takes place in 2019 and beyond. This subject is a worthy place to spend ICANN budget given the priority and nature of the work, and a place to apply all the professional tools at ICANN’s disposal, in order to carry out ICANN’s responsibility to ensure the stable and secure operation of the Internet's unique identifier systems.

… neutral legal advice would provide substantial benefit by fostering common understandings, consensus, and confidence in the
deliberations and work product. In particular, it may help policy-makers understand the options available to them, given that bodies such as the European Data Protection Board and the national data commissioners are not in a position to answer many questions or evaluate policy proposals.”
https://www.icann.org/en/system/files/files/sac-104-en.pdf



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Volker A. Greimann
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