[Gnso-epdp-team] EPDP Phase 2A homework

STROUNGI Melina Melina.STROUNGI at ec.europa.eu
Mon Apr 12 10:05:19 UTC 2021

Dear Keith,

Many thanks.

I have reacted to the document, including the first point raised below.

I am open to see any re-write, as long as differentiation between legal and natural entities remains the first step towards achieving the result. This is a very crucial point, as repeatedly stressed but happy to re-explain during our next plenary session.


From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> On Behalf Of Drazek, Keith via Gnso-epdp-team
Sent: Saturday, April 10, 2021 7:35 PM
To: gnso-epdp-team at icann.org
Cc: gnso-secs at icann.org
Subject: [Gnso-epdp-team] EPDP Phase 2A homework

Dear EPDP Team,

The leadership team and staff have taken stock of the current homework and input provided by the deadline (Friday 9 April COB), which was unfortunately very limited. The Staff support team is planning to produce the next iteration by Tuesday 13 April, at the latest, so you have a little bit more time to weigh in on the following questions that have been called out in the google doc (https://docs.google.com/document/d/1OF_bSxXaiGwK_-jWVC8oq-weXMaX7iEVCWWTMhw9Jyg/edit<https://urldefense.com/v3/__https:/docs.google.com/document/d/1OF_bSxXaiGwK_-jWVC8oq-weXMaX7iEVCWWTMhw9Jyg/edit__;!!DOxrgLBm!T7aaV_zmhoW3XUsbIhm90VHESE712eO0JMnqv10-Aeia96UR_WjUwyOoXsiuNCqq04Ljc1kO$>). Please review and respond and/or provide feedback to these questions by COB Monday:

  1.  EPDP Team to consider this suggestion (“rewriting the entire treatment of legal vs natural to focus on the result instead of this tangled approach”) and Steve Crocker to provide proposed language that achieves this approach for the EPDP Team to consider.
  2.  EPDP Team to consider what tracking can be implemented to measure the extent to which guidance is being followed and who should be responsible for this tracking.
  3.  EPDP Team to respond to question “why an RDDS flag is not possible in all cases. This would allow escrow and transfers to be effected with minimal registrant inconvenience”?
  4.  EPDP Team to consider whether additional guidance re. explaining what a legal person and natural persons are, should be added and if so, suggest specific language.
  5.  Alan G. / EPDP Team to consider whether or not the need for an RDDS-defined field needs to be made specific and if so, who is responsible for creating such a field (does that require a separate recommendation?
  6.  Question for EPDP Team: should scenario #3 be deleted? Note, NCSG objects to inclusion of this scenario, unless Registrar is barred from inferring registration type..
  7.  EPDP Team to consider practical challenges of third party verification and whether this creates any further privacy risks.
  8.  EPDP Team to consider whether sentence “Registrars may also choose to use a third party to verify that a registrant has correctly identified its data: should be deleted.

Again, I have noted the angst concerning our repurposing of last Thursday’s plenary to the Legal Committee, but there has been ample opportunity to advance this work in between plenary sessions, and our plenary deliberations must be informed by our homework if we hope to make timely progress. We will not repurpose any further plenary sessions, and we may add more, but substantive written contributions to the homework documents are required if we hope to make the plenary discussions productive.

Best regards,

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> On Behalf Of Drazek, Keith via Gnso-epdp-team
Sent: Wednesday, April 7, 2021 3:57 PM
To: gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>
Cc: gnso-secs at icann.org<mailto:gnso-secs at icann.org>
Subject: [EXTERNAL] Re: [Gnso-epdp-team] EPDP Phase 2A homework

Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi all,

Responding to both Alan and Laureen, I understand the concern about our limited timeframe and losing important plenary session time.

The Legal Committee analysis of Bird & Bird feedback is a critical component and gating factor for the full Team’s consideration and deliberation at plenary on those questions/answers. The Legal Committee received the response from B&B on Tuesday morning, which didn’t leave sufficient time to assess the substance before the previously scheduled Legal Committee meeting that same morning. As such, and in light of scheduling difficulties, we chose to repurpose this week’s plenary meeting. Moving forward, we will begin adding meetings (plenary and LC) as needed rather than repurposing.

In the meantime, there is plenty of work to be done on the homework and I strongly encourage everyone to provide feedback on the latest draft of the legal/natural document as circulated by Caitlin on Monday (and attached). Repurposing this week’s plenary does not mean work stops, and I’m hopeful that we can continue advancing our work in the document and on the list while the Legal Committee digs in to the B&B response.

Thanks and regards,

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> On Behalf Of Kapin, Laureen via Gnso-epdp-team
Sent: Wednesday, April 7, 2021 11:13 AM
To: Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>>; Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>; gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>
Subject: [EXTERNAL] Re: [Gnso-epdp-team] EPDP Phase 2A homework

Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi folks,

  I’m also concerned with reducing the number of plenary sessions that we have left.  As has been emphasized, we are on a streamlined schedule.  Hence, I suggest scheduling a make-up session for the recently canceled plenary session and the option to schedule additional plenary sessions if needed to meet our deadlines.

Kind regards,

Laureen Kapin
Counsel for International Consumer Protection
Federal Trade Commission
(202) 326-3237

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> On Behalf Of Alan Greenberg via Gnso-epdp-team
Sent: Wednesday, April 7, 2021 10:50 AM
To: Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>; gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] EPDP Phase 2A homework

I would like to register my disagreement with the decision to cancel another plenary. We only have a very limited number of meetings prior to the drafting and issuance of our draft report. If the Legal Committee needs more time (which is not unreasonable or unexpected), they should be scheduled at other times.

At this point, given where we are and what we have to do, I would think that we would be going in the opposite direction and using some Tuesdays for plenaries!

There is little need for legal clarity if we do not have a full opportunity to discuss it.


At 2021-04-06 04:28 PM, Caitlin Tubergen via Gnso-epdp-team wrote:
Dear EPDP Team:

As you have likely seen, EPDP Leadership has agreed to repurpose Thursday’s plenary session for a Legal Committee meeting since we just received legal advice from Bird & Bird.

EPDP Support Staff circulated the updated write-up for Legal v. Natural<https://urldefense.com/v3/__https:/docs.google.com/document/d/1OF_bSxXaiGwK_-jWVC8oq-weXMaX7iEVCWWTMhw9Jyg/edit?usp=sharing__;!!DOxrgLBm!T7aaV_zmhoW3XUsbIhm90VHESE712eO0JMnqv10-Aeia96UR_WjUwyOoXsiuNCqq01Ef5ZH3$> yesterday. There are several questions called out for EPDP Team response in the document. Thank you to those who have already provided input.

In order for the Team to make progress in spite of the repurposed meeting, we kindly ask you to review the updated write-up<https://urldefense.com/v3/__https:/docs.google.com/document/d/1OF_bSxXaiGwK_-jWVC8oq-weXMaX7iEVCWWTMhw9Jyg/edit?usp=sharing__;!!DOxrgLBm!T7aaV_zmhoW3XUsbIhm90VHESE712eO0JMnqv10-Aeia96UR_WjUwyOoXsiuNCqq01Ef5ZH3$> and provide feedback in comment form only to the questions posed. You are also welcome to continue providing feedback on the edited text in comment form only. Please provide feedback by COB Friday, 9 April.

EPDP Support Staff will review the feedback received and produce an updated version prior to next week’s plenary meeting.

Thank you.

Best regards,

Berry, Marika, and Caitlin
Gnso-epdp-team mailing list
Gnso-epdp-team at icann.org<mailto:Gnso-epdp-team at icann.org>
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