[Gnso-epdp-team] Proposed Agenda EPDP Team Meeting #15 - 15 April at 14.00 UTC

Steve Crocker steve at shinkuro.com
Tue Apr 13 20:45:52 UTC 2021


I am working on a note on this subject in conjunction with the SSAC EPDP
work party.  I will try to send a draft later today.

Steve

On Tue, Apr 13, 2021 at 12:49 PM policy--- via Gnso-epdp-team <
gnso-epdp-team at icann.org> wrote:

> Dear EPDP Team,
>
>
>
> Please find below the proposed agenda for the next EPDP Team meeting which
> is scheduled for Thursday 15 April at 14.00 UTC.
>
>
>
> As you will see, the staff support team has produced an updated version of
> the legal/natural guidance write up. Attached you will find the redline
> version so you can review the changes that have been made based on the
> input that was provided by the deadline (note, where no input was provided,
> no action has been taken). A couple of items have been flagged for further
> EPDP Team input in the new version (and are also included in the agenda).
> If there are any items missing that you think require EPDP Team
> consideration, please flag accordingly.
>
>
>
> Also included in the agenda you will find a comparison document that
> compares and contrasts the latest version of the legal/natural guidance
> write up with the responses received to date from Bird & Bird in relation
> to legal/natural. This document has been reviewed by the legal committee
> for completeness. In the third column it identifies a number of questions
> for EPDP Team consideration.
>
>
>
> Last but not least, you will also find in the agenda a link to a set of
> proposed questions for the EPDP Team which are intended to help inform the
> deliberations on the question of whether any updates are required to the
> EPDP Phase 1 recommendation on the topic of legal/natural. Note that the
> approach and document will be further introduced during Thursday’s meeting.
>
>
>
> Please review these documents in preparation for Thursday’s meeting.
>
>
>
> Best regards,
>
>
>
> Caitlin, Marika and Berry
>
>
>
> ======
>
>
>
> *EPDP Phase 2A - Meeting #15*
>
> *Proposed Agenda*
>
> Thursday 15 April 2021 at 14.00 UTC
>
>
>
> 1.                            Roll Call & SOI Updates (5 minutes)
>
>
>
> 2.                            Welcome & Chair updates (Chair) (5 minutes)
>
>    - Update from the legal committee
>
>
>
> 3.                            *Legal vs. natural* (75 minutes)
>
>    1. Whether any updates are required to the EPDP Phase 1 recommendation
>    on this topic (“Registrars and Registry Operators are permitted to
>    differentiate between registrations of legal and natural persons, but are
>    not obligated to do so“);
>    2. What guidance, if any, can be provided to Registrars and/or
>    Registries who differentiate between registrations of legal and natural
>    persons.
>
> Guidance development
>
>
>
> a.       Continue review of updated write up of guidance proposal
>
>    - See comparison table developed by Staff Support Team and reviewed by
>    Legal Committee – see
>    https://docs.google.com/document/d/1jzKGLeTlJFf8-HB70NmAS_fZJvZgJiwO/edit
>    - EPDP Team to deliberate on the questions identified in column 3:
>       1. Consider adding reference to information requirements in
>       relation to consent?
>       2. Consider making more specific that the registrant (data subject)
>       needs to have an easy means to correct mistakes?
>       3. Consider adding a step that following Registrant confirmation
>       that the registration does not include any personal data, the registrar
>       should contact the provided contact details to confirm that no personal
>       data is present.
>       4. Consider adding guidance that sufficient time must be provided
>       for the Registrant (data subject) to respond to the verification request,
>       but that there is no need to wait for an affirmative response, unless an
>       email bounces (in which case the Registrar should not proceed with
>       publication).
>       5. Consider adding that the Registrar should request the
>       Registrant, if self-identified as legal person, to provide a company
>       registration number.
>       6. Consider making more specific that at this stage the Registrar
>       should ask whether Registrant (data subject) consents to publication of
>       personal data?
>       7. Consider adding that, as an example, a Registrar could also use
>       the company registration number to verify legal personhood.
>       8. Consider whether such a tool (to assess whether email addresses
>       include an individual's name or appear to be generic) exists and/or is
>       feasible?
>       9. Consider reference to this guidance/opinion from B & B
>
>
>    - EPDP Team to deliberate on remaining questions in the updated write
>    up (see
>    https://docs.google.com/document/d/1whCpXHm3UPmJ-IDSbliveSkwxL679x2U/edit#heading=h.gjdgxs)
>
>
>
>    1. Example scenarios refer to “publish the data” with publish defined
>    as “provide Registration Data in the publicly accessible Registration Data
>    Directory Services” – Volker has suggested this should be discussed further
>    by the EPDP Team.
>    2. Example scenario 1-d – Registrar Team has suggested this is too
>    prescriptive and proposed that if any changes are made then the data is
>    treated as natural-person data until the Registrant indicates otherwise via
>    repetition of steps a-c. Others have suggested that Registrant should be
>    requested when updates are made whether this results in changes to data
>    type. EPDP Team to discuss how to proceed.
>    3. Example scenario 3 – EPDP Team to discuss whether this scenario
>    should be deleted. There were originally some concerns that there would be
>    no registrant / data subject involvement in the determination of data type,
>    but this has been clarified by indicating that the registrant must confirm
>    the determination by the registrar. Is this concern sufficiently addressed
>    or should this scenario be deleted.
>    4. Use of third party services to verify determination of data type –
>    sentence has been updated based on suggestions made. Does this sufficiently
>    address the concerns?
>    5. Other?
>
>
>    - Confirm next steps
>
>
>
> b.       Consideration of question i. Whether any updates are required to
> the EPDP Phase 1 recommendation on this topic (“Registrars and Registry
> Operators are permitted to differentiate between registrations of legal and
> natural persons, but are not obligated to do so“);
>
>    - Review of questions developed by leadership team to determine
>       positions of different groups – please be open minded and be constructive
>       (see
>       https://docs.google.com/document/d/1gMV29jRPQEFGv2psZ2py2_F8cr93OeeA/edit)
>
>       - Homework assignment: all teams to provide responses to these
>       questions by Tuesday 20 April at the latest.
>       - EPDP Team input
>       - Confirm next steps
>
>
>
> 4.                            Wrap and confirm next EPDP Team meeting (5
> minutes):
>
>    1. EPDP Team Meeting #16 Thursday 22 April at 14.00 UTC - note,
>    placeholder plenary session is being scheduled to allow for a second weekly
>    plenary meeting, if needed.
>    2. Confirm action items
>    3. Confirm questions for ICANN Org, if any
>
>
>
>
>
>
>
>
>
> *Berry Cobb*
>
> *GNSO Policy Consultant*
>
> Principal | BAC in Black Consulting <http://bacinblack.com/>
>
> *Mob: *+1 (720) 839-5735
>
> <https://twitter.com/berrycobb>
>
> <https://www.linkedin.com/in/berrycobb/>
>
>
>
>
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