[Gnso-epdp-team] Points of Order

Volker Greimann vgreimann at key-systems.net
Thu Apr 15 14:53:29 UTC 2021

I absolutely disagree with the points Alan raises here:

1) The Charter terms require us to determine whether there is a need to
require a determination and certain mechanisms. This determination of need
and necessity cannot be plucked out of thin air, but must be based on
exactly those considerations we are debating and that you seek to cut short
with this intervention. The consideration of data items is not secondary,
but primary to allowing us to make the determination in the first place.
2) This argument is backwards. We cannot argue that we need to
differentiate because otherwise we cannot create metrics on the
differentiation. If, as an extreme example, we recommend not to require
anything, how should we measure that success? We first need to figure out
what is necessary and what should be required and then, only then can we
worry about measuring how to measure the success of that.

Volker A. Greimann
General Counsel and Policy Manager

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On Thu, Apr 15, 2021 at 1:46 AM Alan Greenberg via Gnso-epdp-team <
gnso-epdp-team at icann.org> wrote:

> I would like to raise two points of order.
> Although my preference is for the PDP to generate consensus policy on
> the Legal/Natural issue, I understand that ultimately that may not be
> possible. That being said:
> 1. There have been recent discussions that we should not be creating
> advice on whether a registrant is a legal or natural person, but
> rather whether the data items contain personal information. The
> wording from the EPDP Charter is "Should Contracted Parties be
> allowed or required to treat legal and natural persons differently,
> and what mechanism is needed to ensure reliable determination of
> status?" If there is a need to consider individual data items, that
> is a secondary issue, but we need to stick to the charter terms.
> 2. The Key Metrics Considerations part of the EPDP Charter requires
> the we ensure that we will have metrics to determine the success of
> our recommendations. As such, if we decide that we will not issue
> policy recommendation on the legal/natural issue, but rather only
> guidance, we must also include a policy requirement that contracted
> parties report on whether or not they are actually following the
> guidance. If we do not do that, there is no way to measure our
> ultimate success.
> Alan
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