[Gnso-epdp-team] Legal Advisory Group modalities

Janis Karklins karklinsj at gmail.com
Fri May 31 17:38:03 UTC 2019


Dear EPDP Team,



Further to the discussion in our recent meeting, please find an outline of
the approach to handling legal questions and the chair-appointed members of
the Legal Advisory Group.



Those of you who participated in Phase 1 will remember we established a
Legal Committee to review and revise proposed legal questions to ensure:



(1) the questions are truly legal in nature, as opposed to policy or policy
implementation questions;

(2) the questions are phrased in a neutral manner, avoiding both presumed
outcomes as well as constituency positioning;

(3) the questions are both apposite and timely to the EPDP Team’s work; and

(4) the limited budget for external legal counsel is being used
responsibly.



In order to forward these goals, I proposed that I work together with a
small team of chair-appointed legal experts to review legal questions as
they come in. The membership of this team is not representative, but
expertise based. Members of the Legal Advisory Group are asked to provide
advice based on their legal experience, factoring in all aspects of the
conversation, not only that of their respective constituency. It is
important to state that any output of deliberations of the Legal Advisory
Group will be shared with the EPDP Team for review and agreement.



At this time, I do not anticipate a weekly meeting schedule; the Legal
Advisory Group will meet on an as-needed basis. The meetings will be open
to anyone from the EPDP Team who would like to attend; however, only the
chair-appointed legal experts will be invited to speak.



I have also asked EPDP Support Staff to provide a recommendation for an
initial categorization of the clarifying legal questions received.
Specifically, Support Staff has reviewed the questions to determine:

1.      if the questions relate to Phase 2 issues identified in the Mind
Map, i.e., charter questions, questions in the Annex: Important Issues for
Further Community Action, or issues deferred from Phase 1.

2.      If the question is NOT related to the EPDP Team’s Phase 2 work, it
will not be reviewed further. If the question does relate to Phase 2 work,
Support Staff will align the question with the relevant Phase 2 issue and
determine if the Phase 2 issue is a Priority 1 or a Priority 2 item.

3.      Priority 1 questions, or questions related to a system for
standardized access/disclosure, will be reviewed first.

4.      Priority 2 items will be moved to the corresponding worksheets for
further discussion following EPDP Team agreement on the scope and expected
deliverable of the topic.

5.      Once the initial parameters are agreed to, the Legal Advisory Group
can better determine necessary legal guidance (if any) and will begin
working on the Priority 1 questions identified.



I have asked the following members to the Team to donate their time to the
Legal Advisory Group:



Laureen Kapin

Brian King

Margie Milam

Thomas Rickert

Kristina Rosette

Tatiana Tropina



I invited these individuals due to their legal expertise, but also that
they would provide diverse views to ensure that the different perspectives
on the EPDP Team will be considered.



Legal Advisory Group’s activities will be supported by ICANN staff and
ICANN Org liaison (Legal) will attend the meetings and will be engaging
with the Group when asked.



You will find an updated table with Support Staff’s preliminary
recommendations attached.



Thank you

JK
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