[Gnso-epdp-team] Legal vs. natural and WHOIS accuracy questions from Phase 1

Janis Karklins karklinsj at gmail.com
Tue Mar 17 13:42:08 UTC 2020


Yes, Tara. I can confirm that no questions have been sent to B&B.
JK

On Tue, Mar 17, 2020 at 12:54 AM Tara Whalen <tjwhalen at gmail.com> wrote:

> Hello Janis,
> Following up on this issue, seeking clarification from you on one point:
>
> The document that you attached contains multiple legal questions (rather
> than just one), with sub-questions -- can you confirm that *none* of these
> questions are being sent to Bird & Bird at this time?
>
> Thanks very much,
> Tara Whalen
>
> On Fri, Mar 6, 2020 at 9:48 AM Janis Karklins <karklinsj at gmail.com> wrote:
>
>> Dear EPDP Team,
>>
>>
>>
>> Please find attached a Legal Committee question, which touches on both
>> legal vs. natural and WHOIS accuracy questions from Phase 1. The Legal
>> Committee did not unanimously agree to submit this question to outside
>> counsel, as NSCG disagrees with this question in principle and believes it
>> to be out of scope.
>>
>>
>>
>> I am sending this question as an FYI and noting that it will not be sent
>> to Bird & Bird at this time. I am also specifically requesting Rafik, as
>> both the vice-chair and GNSO Council Liaison to this EPDP Team, to seek
>> further guidance from the GNSO Council with respect to the Council’s
>> expectations related to WHOIS accuracy issue in Phase 2.
>>
>>
>>
>> As many of you are likely aware, there is currently an ongoing discussion
>> between ICANN org and the GNSO Council regarding Recommendation 4 and the
>> accompanying footnote from the Phase 1 Final Report, which provides, “The
>> EPDP Team recommends that requirements related to the accuracy of
>> registration data under the current ICANN contracts and consensus policies
>> shall not be affected by this policy.”[1]
>> <#m_6362185562714607092_m_-6428898706301371388__ftn1> The accompanying
>> footnote reads: The topic of accuracy as related to GDPR compliance is
>> expected to be considered further as well as the WHOIS
>>
>> Accuracy Reporting System.
>>
>>
>>
>> Most recently, ICANN org sent the following correspondence
>> <https://www.icann.org/en/system/files/correspondence/marby-to-drazek-05dec19-en.pdf>
>> to the GNSO Council, in reference to a request for clarification on data
>> accuracy and the EPDP Phase 2. I have asked Rafik to seek further guidance
>> from the Council with respect to the scope of data accuracy for Phase 2 and
>> what the EPDP Team is expected to deliberate on. If possible, I am asking
>> the GNSO Council to provide guidance by Friday, 13 March so that the EPDP
>> Team will have time to receive further guidance from Bird & Bird (if
>> applicable).
>>
>>
>>
>> Thank you.
>>
>>
>> Best regards
>>
>> JK
>>
>>
>>
>>
>>
>>
>>
>> ------------------------------
>>
>> <#m_6362185562714607092_m_-6428898706301371388__ftnref1>
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