[Gnso-epdp-team] EPDP Homework: Updated Draft of Board Letter

Thu Oct 10 21:24:50 UTC 2019

Brian,
Taking into account time factor, can't we formulation of the last sentence:
While some team members felt that in absence of reply ...., some others
felt that .....
I am conscious of time factor.
Would you agree?
JK

On Thu, Oct 10, 2019 at 11:05 PM King, Brian <Brian.King at markmonitor.com>
wrote:

> Hi Janis,
>
> I think our emails crossed paths as they were delivered to my inbox one
> minute apart.
>
> As my suggested edit is aimed at better achieving the stated intent of the
> drafters of the letter, I encourage the team to consider it before
> finalizing the letter. Thank you.
>
> Brian J. King
> Director of Internet Policy and Industry Affairs
> MarkMonitor / Part of Clarivate Analytics
> Phone: +1 (443) 761-3726
> brian.king at markmonitor.com
>
> On Oct 10, 2019, at 4:46 PM, Janis Karklins <karklinsj at gmail.com> wrote:
>
> 
> Thank you all for flexibility. The letter will be sent to the Board with
> proposed two edits.
> 5 questions to the ICANN Org will not be attached.
>
> JK
>
> On Thu, Oct 10, 2019 at 8:04 PM Becky Burr <becky.burr at board.icann.org>
> wrote:
>
>> just to be clear, I was also fine with the last sentence James included
>> in the draft
>>
>> On Thu, Oct 10, 2019 at 1:26 PM Anderson, Marc via Gnso-epdp-team <
>> gnso-epdp-team at icann.org> wrote:
>>
>>> James, thank you for taking this on and the proposed edits.
>>>
>>>
>>>
>>> For edit 1 – I prefer the original text, but if the proposed re-write
>>> addresses the concern raised, then I can live with it.
>>>
>>>
>>>
>>> For edit 2 – Considering the proposed new version comes from Becky, I’m
>>> inclined to support that version.
>>>
>>>
>>>
>>>
>>>
>>> I do have a follow-up question for Janis.  At the top of the call I
>>> think I heard that you will include the questions proposed for ICANN Org
>>> with the letter to the ICANN Board.  Are you referring to the 5 questions
>>> proposed in this Google document?
>>> https://docs.google.com/document/d/1N66JcJ_1C9agknQGfJ22BG2L564hBS-w3k8ItZIZ_ew/edit
>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1N66JcJ-5F1C9agknQGfJ22BG2L564hBS-2Dw3k8ItZIZ-5Few_edit&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=hT2un2od0mASc1f2Fe8YKCeW4A5EFMZOorCbixw0rMs&s=p2gZ36bJfWKQedepVGE6apQn4lEebiFwHYFXel9_D7s&e=>
>>>
>>>
>>>
>>> I have some concerns as while the proposed letter to the ICANN Board is
>>> drafted to stand on its own, these questions proposed to ICANN Org are
>>> not.  Sending them along with the letter may be somewhat confusing and
>>> distract from the purpose of the letter.
>>>
>>>
>>>
>>> Best,
>>>
>>> Marc
>>>
>>>
>>>
>>>
>>>
>>> *From:* Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf Of
>>> *James M. Bladel
>>> *Sent:* Thursday, October 10, 2019 10:56 AM
>>> *To:* gnso-epdp-team at icann.org
>>> *Subject:* [EXTERNAL] Re: [Gnso-epdp-team] EPDP Homework: Updated Draft
>>> of Board Letter
>>>
>>>
>>>
>>> Colleagues –
>>>
>>>
>>>
>>> Following our call today, I have consolidated feedback in to two
>>> proposed edits (below).  Per Janis’ call for silent approval, please note
>>> any objections to these changes as quickly as possible.
>>>
>>>
>>>
>>> Thank you,
>>>
>>>
>>>
>>> J.
>>>
>>> _______________
>>>
>>>
>>>
>>> EDIT 1 -
>>>
>>> The final sentence of the second paragraph.  Replace:
>>>
>>>
>>>
>>> *All of the proposed “centralized” SSAD models presume that ICANN will
>>> assume an operational role, and, depending upon the model, some degree of
>>> responsibility and liability for decisions to disclose non-public data to a
>>> third-party requester. *
>>>
>>>
>>>
>>> With:
>>>
>>>
>>>
>>> *All of the proposed “centralized” SSAD models presume that ICANN will
>>> assume some sort of operational role.  In some models, ICANN could assume
>>> varying degrees of responsibility and liability for decisions to disclose
>>> non-public data to third-party requesters.*
>>>
>>>
>>>
>>> EDIT 2 –
>>>
>>> The final sentence of the letter.  Replace:
>>>
>>>
>>>
>>> *Absent that input, the EPDP work must abandon the centralized SSAD
>>> model, and shift its focus to policy recommendations aimed at improving the
>>> existing distributed model in which each registry and registrar
>>> independently evaluates, applies their own balancing test, and responds to
>>> queries on a case by case basis.*
>>>
>>>
>>>
>>> With:
>>>
>>>
>>>
>>> *Absent that input, the EPDP must shift its focus to policy
>>> recommendations aimed at improving the existing distributed model in which
>>> each registry and registrar independently evaluates, applies its own
>>> balancing test,  and responds to queries on a case by case basis.*
>>>
>>>
>>>
>>>
>>>
>>> *From: *"James M. Bladel" <jbladel at godaddy.com>
>>> *Date: *Wednesday, October 9, 2019 at 15:07
>>> *To: *"gnso-epdp-team at icann.org" <gnso-epdp-team at icann.org>
>>> *Subject: *EPDP Homework: Updated Draft of Board Letter
>>>
>>>
>>>
>>> Colleagues –
>>>
>>>
>>>
>>> Regarding the draft letter to the Board presented on Tuesday, some
>>> members were uncomfortable with the wording of the last sentence.  Since
>>> that call, I’ve been working with our Board liaisons (Becky and Chris) to
>>> make some edits.  The resulting Revised Draft copied below.  To expedite
>>> your review, please note that only the final sentence has changed.
>>>
>>>
>>>
>>> Thanks—
>>>
>>>
>>>
>>> J.
>>>
>>> -------------
>>>
>>> *James Bladel*
>>>
>>> GoDaddy
>>>
>>>
>>>
>>> Letter from EPDP 2 to ICANN Board on Standardized System for
>>> Access/Disclosure (SSAD)
>>>
>>> To: ICANN Board
>>> CC: Goran
>>> CC: GNSO Council
>>>
>>> Dear ICANN Board,
>>>
>>> We are writing to you at the suggestion of the EPDP 2 Board liaisons.
>>> The working group is at a critical junction which requires clear input from
>>> the Board in order to further our work to produce realistic, timely,
>>> implementable policy recommendations.  Specifically, we seek to understand
>>> the Board’s position on the scope of operational responsibility and level
>>> of liability (related to decision-making on disclosure of non-public
>>> registration data) they are willing to accept on behalf of the ICANN
>>> organization along with any prerequisites that may need to be met in order
>>> to do so.
>>>
>>> Our goal is to avoid policy recommendations that cement the current
>>> situation, where requests for non-public registration data are handled on a
>>> case-by-case basis by the registry/registrar in a non-standardized and
>>> decentralized manner.  We are considering several models for a Standardized
>>> System for Access and Disclosure (SSAD), including (but not limited to) the
>>> Unified Access Model (UAM) developed by the Technical Study Group.  All of
>>> the proposed “centralized” SSAD models presume that ICANN will assume an
>>> operational role, and, depending upon the model, some degree of
>>> responsibility and liability for decisions to disclose non-public data to a
>>> third-party requester.
>>>
>>> In some models, ICANN (or its designee) would approve accrediting
>>> bodies, or function as an accrediting body themselves.  Some proposed
>>> models establish ICANN (or its designee) as the entity that will conduct an
>>> initial validation of disclosure requests prior to relaying this request to
>>> the appropriate registry or registrar. Other proposed models would require
>>> ICANN to play a larger role, either endorsing the legitimacy of the
>>> request, or issuing a determination of whether or not the registrar or
>>> registry should or must disclose the non-public data to the third party
>>> requester.
>>>
>>> We recognize that our questions are clouded by the uncertainty
>>> associated with constructing a model that is compliant with the General
>>> Data Protection Regulation (GDPR) and other privacy laws.  We are also
>>> aware of the work of ICANN org (via the “Strawberry Team”) to engage with
>>> data protection authorities to better understand the liability involved in
>>> decisions to disclose non-public registration data.  As noted above, our
>>> goal is to produce realistic, timely, and implementable policy
>>> recommendations, and our work requires Board input on the level of
>>> involvement and amount of liability they are willing to assume for ICANN
>>> org, along with any prerequisites that may need to be met in order to do
>>> so.
>>>
>>> Absent that input, the EPDP work must abandon the centralized SSAD
>>> model, and shift its focus to policy recommendations aimed at improving the
>>> existing distributed model in which each registry and registrar
>>> independently evaluates, applies their own balancing test, and responds to
>>> queries on a case by case basis.
>>>
>>>
>>>
>>> Thank you,
>>>
>>> EPDP Phase 2 working group members
>>>
>>>
>>>
>>>
>>> _______________________________________________
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