[Gnso-epdp-team] SSAC response re EPDP homework - due Wed 24 February

[Volker Greimann]

Hi Steve,
thank you for your helpful proposal.

I think it misses the mark on two essential points however:
1) Legal vs natural is the wrong differentiation. I believe we already
moved past this on the legal team, and are close to agreeing the correct
differentiation would be the following:
a) contains personal information
b) does not contain personal information
This, we believe is the correct differentiation as even the data provided
by a legal entity can contain or consist of personal information of a
natural person.

2) Our role at this stage is not to make or propose binding rules but to
provide guidance for those parties that chose to differentiate between data
sets containing and not containing personal information.

Regarding your point of inferred status, I feel this goes too far as well
as we do not currently believe that the quality of the data field is
sufficient for any automated inferral of status. Cases where the status is
inferred by the contents of this field do exist, but are usually limited to
manual review in case of ownership disputes, where the contents of the
field may prove the deciding factor in determining the right of ownership
or control over a domain name in cases of dispute.

One further suggestion is not to front-load the determination in the
registration or initial data-gathering process, but allow for a larger
degree of flexibility by also including post-registration determination of
status.

Best,
-- 
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net

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Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner

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On Wed, Feb 24, 2021 at 11:39 AM Steve Crocker via Gnso-epdp-team <
gnso-epdp-team at icann.org> wrote:

> Folks,
>
> In our view, the proposal has two substantial flaws.  First, it is overly
> specific as to the process *all* contracted registrars must use to
> determine whether the registrant is a legal vs a natural person. Second, it
> includes procedures for verifying the accuracy of the data for legal
> persons.  The procedure is unnecessary for determining whether the
> registrant is a legal person.  If the eventual policy requires a high
> degree of accuracy of a legal person's name and address, that's a separate
> matter and should be dealt with in that part of the policy.
>
> The attached memo suggests a simpler and more comprehensive approach.
>
> Thanks,
>
> Steve
>
>
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