[Gnso-epdp-team] Regarding the CPH Proposal for a Hybrid Model

James M. Bladel jbladel at godaddy.com
Thu Jan 9 20:32:27 UTC 2020

Hi Folks -

Maybe I’m suffering from some residual midwestern naïveté, but I’m disappointed that the CPH proposal wasn’t more thoughtfully considered.  It was put forward as a sincere effort at compromise, towards an outcome that was less than perfect but better than the status quo, and yet still achievable within our timeframe. Unfortunately, we retreated to our usual corners and dug in along party lines.

Among some of the criticisms I heard was that hybrid model still left too much control to contracted parties.  But let’s be 100% clear - there is no model (central or hybrid or otherwise) where a contracted party’s decision not to disclose registration data can be “over-ruled” by ICANN org or ICANN compliance.  Given the dilemma of breaking the law or breaking a contract, we will always choose the latter.

I was also dismayed to see the Belgian DPA guidance subjected to further microscopic parsing. The CPH proposal wasn’t predicated on this one bit of advice, but on the body of guidance and legal research done to date. In other words, we shouldn’t ignore a growing body of evidence in the hope that an outside party will bring us an “aha!” insight, clearing away all doubts and uncertainty.

We, the EPDP, have to wrestle these questions on our own. And nobody is coming to rescue us.

Finally, I want to reiterate that outside parties in industry, academia and governments are watching our work very closely. Some of them are rooting for us to fail.  We are on the clock, and the longer we spend circling the same issues, the more we jeopardize what we’ve done to date

So I want to make this point unambiguously clear in the historical record of our work:  if we somehow find ourselves still discussing these issues 2 or 3 years from now, it will be because we let the Perfect overshadow the Good, and we missed this opportunity in early 2020 to roll up our sleeves and get to work developing a practical, if sub-optimal, solution.

But this message isn’t meant as an ultimatum, I simply ask folks to consider our short timeframe, socialize the Hybrid idea with their SGs/Cs, sleep on it, and come back to the CPH Proposal with fresh eyes before rejecting it outright.



James Bladel
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