[Gnso-epdp-team] Proposal: Timetable to address Priority 2 issues

[Eleeza Agopian]

Dear EPDP team members,

The following input is provided to inform the team’s planned discussion on the potential OCTO purpose, referenced in the proposed Priority 2 work plan for a meeting that was scheduled for 7 March. The relevant EPDP Team Worksheet is available here<https://docs.google.com/document/d/174PSGgWB-UTTcqIA-NndIVDkP6WR701tzwjDsozVRXM/edit>.

On 4 December 2018<https://mm.icann.org/pipermail/gnso-epdp-team/2018-December/001027.html>, ICANN org provided answers to questions the EPDP Team posed regarding the use of registration data by certain ICANN org functions. As part of the EPDP’s Phase 2 work, the Team has asked support staff to follow-up with ICANN org on whether the status of the input provided during Phase 1 has changed. Following internal discussions and review of previous ICANN org responses submitted to the EPDP Team, ICANN org has determined that the input provided on the use of data by ICANN org departments has not changed. ICANN org has not identified additional purposes for access to non-public registration data needed by ICANN org to support its current work.

ICANN org’s contractual compliance function currently requests and processes registration data directly from registries and registrars under the Registry Agreement and Registrar Accreditation Agreement (RAA). This is reflected in the EPDP Team’s Phase 1 Final Report under Purpose 5. Per that recommendation, ICANN contractual compliance may request data directly from the registrar or registry to “i) Handle contractual compliance monitoring requests and audit activities consistent with the terms of the Registry agreement and the Registrar accreditation agreements and any applicable data processing agreements, by processing specific data only as necessary; ii) Handle compliance complaints initiated by ICANN org, or third parties consistent with the terms of the Registry agreement and the Registrar accreditation agreements.”  Depending on the model recommended by the Team, there could be advantages to using the SSAD to access data for carrying out compliance activities.

In the case of an unforeseen activity or new initiative proposed by the multistakeholder community that would require ICANN org to obtain access to non-public registration data for a new purpose, ICANN org would need to undertake this via a direct request to contracted parties, negotiating a change to contractual requirements to obligate contracted parties to provide the relevant data, or development and implementation of a new consensus policy.

We understand the EPDP Team’s primary interest to be purposes for which ICANN org would access non-public data through the SSAD, as discussed above.  It should be noted that there are multiple instances where ICANN org processes public data, for example, through Bulk Registration Data Access (BRDA) submissions, or through the Centralized Zone File Data System/Service (CZDS).  We can answer additional questions on ICANN org’s processing of public data if the Team is interested in further information on these.

We also note that a set of previously undertaken data processing activities associated with the Whois Accuracy Reporting System (Whois ARS), and using publicly available registration data, have not been continued by ICANN org following adoption of the Temporary Specification in May 2019.  We note that the EPDP Team’s Phase 1 report indicated that “the topic of accuracy as related to GDPR compliance is expected to be considered further as well as the WHOIS Accuracy Reporting System.”  With regard to any proposed processing activities for ICANN org around data accuracy based on the Team’s Phase 2 recommendations, we believe this requires a deeper discussion including such factors as data subjects’ rights, intended purposes for data processing under applicable law, feasibility, and value added for such purposes.

Thank you,

Eleeza and Dan
ICANN org liaisons


From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Janis Karklins <karklinsj at gmail.com>
Date: Thursday, February 13, 2020 at 9:01 AM
To: EPDP <gnso-epdp-team at icann.org>, <gnso-epdp-lead at icann.org>
Subject: [Gnso-epdp-team] Proposal: Timetable to address Priority 2 issues

Dear EPDP Team,

The leadership team has worked together with the staff support team to outline the proposed next steps for both addressing priority 2 items and the subsequent review of input received on the SSAD Initial Report. When reviewing the attached timetable, which outlines the proposal in detail, please keep in mind the following:


•         The window of opportunity to allow folding in of priority 2 items into the SSAD Final Report is short – preliminary recommendations would need to be published for public comment by 24 March at the latest. If the EPDP Team does not reach agreement by that date on how to address priority 2 items, these items will be referred back to the GNSO Council for its consideration on how to proceed. Note that due to external dependencies, certain items, such as legal / natural, will automatically be referred to the GNSO Council.


•         The legal committee plays a key role in preparing the ground for a number of priority 2 items – please remember that the legal committee is a representative body. As such, members of the legal committee must consult with and keep their fellow team members up to date so that when the legal committee sends its recommendations to the plenary team, discussions are not rehashed, and recommendations/proposed questions do not come as a surprise.


•         The priority remains to finalize the SSAD Final Report by 11 June 2020 at the latest: as a reminder, both the funding that was made available for phase 2 and my availability to chair the Team will end on 30 June.


•         Depending on the number of comments received, there may be a need to plan for an intense EPDP Team call week – this is foreseen for the week of 11-15 May. Please already pencil this into your agendas – it would likely take the form of extended calls taking place (almost) every day of the week.

Certainly the timetable may need to be adjusted as the EPDP Team progresses through its work; as such, we expect everyone to remain flexible. In order to make progress on priority 2 items, it is imperative that everyone reviews the relevant worksheets in advance of the meeting to appreciate the context and come prepared to find solutions to the issues identified.

You are encouraged to provide your group’s feedback on the proposed timetable by Tuesday 18 February at the latest.

Thank you
JK
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