[Gnso-epdp-team] A short note on possible outcomes re Natural, Legal or Unspecified

Mueller, Milton L milton at gatech.edu
Fri Aug 6 14:05:54 UTC 2021

I also appreciate the nice logical summary of options, Steve.

Like Volker, however, I believe that you are overlooking the fact that we have debated these options for months and have arrived firmly at option 7 (there is no distinction between 7 and 8, by the way). Only 7 is possible, because that was the agreed outcome of phase 1 while we explored other options in Phase 2. In Phase 2 we discovered we cannot attain sufficient agreement to move off of that equilibrium.

Some EPDP members will recall that I personally indicated a willingness to move toward something like #6. This did not fly. Neither the Contracted Parties nor my own SG would accept it, and the GAC, ALAC and two CSG constituencies still wanted something more like 1 or 2.

The legal/natural issue is resolved; we are at 7. We need to accept this reality, and move on the develop an SSAD that will earn the support of all groups.

Dr Milton L Mueller, Professor

School of Public Policy

Georgia Institute of Technology

Internet Governance Project<https://internetgovernance.org>

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Volker Greimann via Gnso-epdp-team <gnso-epdp-team at icann.org>
Sent: Thursday, August 5, 2021 4:41 PM
To: Steve Crocker <steve at shinkuro.com>
Cc: EPDP <gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] A short note on possible outcomes re Natural, Legal or Unspecified

Hi Steve,

I fail to see how this admittedly succinct summary of the existing options helps us move ahead the discussion as this basically only reflects the discussions we have over the past months.
At this point, we are likely either at option 7 or 8, which incidentally also describe the status quo.

The real issues start after making these basic definitions as there are complexities down the line following from the designations:
a) In case of C or O, does that lead to partial publication based on the designation? Does it lead to forwarding the designation to the registries? How would/should the registries treat those designations received? Can they rely on them? Will they rely on them without burdening registrars with further liability and indemnification requirements?
b) What happens down the road? Will agreeing to optional fields immediately lead to calls for them to be made into requirements by future work?

Volker A. Greimann
General Counsel and Policy Manager

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On Thu, Aug 5, 2021 at 5:26 PM Steve Crocker via Gnso-epdp-team <gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>> wrote:
The attached note is a summary of the possible policies regarding Natural vs Legal vs Unspecified
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