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

Wed Feb 24 16:06:26 UTC 2021

-          Re-sending as I see that not everyone had been in cc -

Thanks Volker and Steve.

Just a small remark from my side on the first essential point raised by Volker:

This is precisely the concern of contracted parties that we aimed at addressing at our revised GAC proposal.

If you see our proposal, at first level we have the distinction between natural and legal entities (which of course cannot be skipped) and at second level the further distinction between:
a) data of legal entities containing personal information and
b) data of legal entities which do not contain personal information.

Data related to entities that are designated as natural entities under step 1 would not be published, so a further distinction wouldn’t be necessary for those.

We trust that the above addresses your concern Volker. And of course we can find ways together on how to make this work.

Talk soon!

Best,
Melina

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> On Behalf Of Volker Greimann via Gnso-epdp-team
Sent: Wednesday, February 24, 2021 3:41 PM
To: Steve Crocker <steve at shinkuro.com<mailto:steve at shinkuro.com>>
Cc: SSAC-EPDP-WP <ssac-epdp-wp at icann.org<mailto:ssac-epdp-wp at icann.org>>; gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] SSAC response re EPDP homework - due Wed 24 February

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

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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<mailto: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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