[gnso-rds-pdp-wg] IMPORTANT: Action Items and Notes from GNSO Next Generation gTLD RDS PDP Working Group Call - 21 June

Amr Elsadr amr.elsadr at icann.org
Wed Jun 21 07:38:13 UTC 2017


Dear Working Group members,

Below are the Action Items and Notes from the Working Group call on 21 June at 05:00 UTC.

Thanks.

Amr


Action Items:


  1.  Leadership team to consider next steps to wrap up this table and loose ends on the access charter question
  2.  All WG members encouraged to participate in ICANN59 sessions in person or remotely

These high-level notes are designed to help PDP WG members navigate through the content of the call and are not meant as a substitute for the transcript and/or recording. The MP3, transcript, and chat are provided separately and are posted on the wiki here: https://community.icann.org/x/JsPRAw.

1) Roll Call/SOI Updates


  *   Attendance will be taken from AC
  *   Please remember to state your name before speaking and remember to mute your microphones when not speaking
  *   SOI updates: none

2) Opening remarks by Herb Waye, ICANN Ombudsman


  *   WG members are welcome to contact Herb Waye via email at herb.waye at icann.org<mailto:herb.waye at icann.org>, or drop in to see him on 4th floor of the conference center at ICANN59

3) Complete deliberation on "minimum public data set"

a) Proposals provided in poll results - see both of the following
Poll Results, including all Comments: https://community.icann.org/download/attachments/64078630/AnnotatedResults-Poll-from-13JuneCall-v4.pdf


  *   Q2 indicated no disagreement; 100% of 31 respondents are assumed to agree with the purposes and rationales for Domain Name
  *   Q3 Registrar - 6 respondents (19%) disagreed with purposes and/or rationale; 81% assumed to agree - refer to highlighted comments for proposed changes
  *   Q4 Sponsoring Registrar - 4 respondents (13%) disagreed; 87% assumed to agree - again refer to comments for proposed changes
  *   Q5 Whois Server - 6 respondents (19%) disagreed; 81% assumed to agree - review comments for proposed changes
  *   Q6 Name Servers - 5 respondents (16%) disagreed; 84% assumed to agree - see comments for proposed changes
  *   Q7 Status - 4 respondents disagreed; 87% assumed to agree - see comments
  *   Q8 Updated/Creation/Expiration Date - 7 respondents disagreed; 77% assumed to agree - lowest support on elements in this poll
  *   We will review the proposed changes identified by the highlighted comments by looking at the redline...

Specific Edits proposed in Poll Results: Merged-ThinDataPurposes-v3-redlineForDiscussion.doc<https://community.icann.org/download/attachments/64078630/Merged-ThinDataPurposes-v3-redlineForDiscussion.doc?version=1&modificationDate=1497987462000&api=v2>


  *   Columns depicts EWG purposes, and collection and publication rationale provided by Andrew Sullivan
  *   Color-coded comments from poll results are shown with possible change suggested by that comment
  *   Discuss the proposed edits as a whole for each of these categories:
1.      Proposed data element deletions as shown in the EWG Purposes column
2.      Proposed edits in the Collection Rationale column, and
3.      Proposed edits in the Publication Rationale column

  *   Concerned we won't ever list all of the purposes
  *   List of purposes not intended to be an all-inclusive list of all purposes
  *   In some cases, purposes to publish the data are being conflated with purposes to collect it. Example: Although criminal investigation is a legitimate activity, and might be a legitimate purpose to publish the data (or access it), it may not be an appropriate purpose for ICANN to require collection of the data
  *   Similar example could be research - might be a legitimate purpose to access the data, but ICANN's purpose is running the Domain Name System, not to collect data for research
  *   Goes to Previous WG Agreement #16 (aka specific purpose 1): A purpose of gTLD registration data is to provide info about the lifecycle of a domain name and its resolution on the Internet."
  *   Whether we should add "to assist in diagnosing problems" as a purpose is something we should discuss/agree.
  *   But "to help police" is not a _purpose_ of the collecting of data it is a _use_ of the collected data
  *   See also Previous WG Agreement #17 (aka specific purpose 2): A purpose of RDS is to facilitate dissemination of gTLD registration data of record, such as domain names and their domain contacts and name servers in accordance with applicable policy.
  *   With regard to the EWG Purposes column in this table, the EWG did not differentiate between purposes for collection and access
  *   EWG considered legitimate/permissible purposes for using data
  *   Comment: Although there may be no problem with law-enforcement accessing the data, law-enforcement is not a purpose to collect and publish the data - not ICANN's purpose
  *   Would the EWG purposes be permissible in the event that the last column in the table is changed to "access rationale" instead of "publication rationale"
  *   All of the elements listed have already been identified as part of the minimum public data set, thus the last column refers to "publication"
  *   If the WG agrees that the EWG purpose "Domain Name Control" is a purpose for collecting the Minimum Public Data Set, could the discussion move on to agree on additional purposes for access and publication?
  *   Note that WG Agreements 5-13 already identify all of these EWG purposes as "a legitimate purpose for Minimum Public Data Set collection.”
  *   Already rough consensus on WG Agreement #5. Domain name control is a legitimate purpose for Min Public Data Set collection, so no need to poll on this again.
  *   Is Domain Name Control intended to be technical or legal control?
  *   The objective of this table was to provide more detailed rationale for collecting and making public each data element in the min public data set
  *   For each element it's good to have the "why collect" and then the "publication reason" and then the "access level"
  *   The first question a data commissioner is going to ask when investigating a complaint is why are you collecting this data.  Goes to the data minimization principle.  Agreeing these purposes in policy standardizes the response which right now must be pretty random, on a global basis
  *   For example, what is collection rationale for domain name, what is publication rationale for domain name, what is collection rationale for registrar, what is publication rationale for registrar, etc.?
  *   Comment: If we say that it is not ICANN's place to say what the use-purposes of whois data are, then you can strike the entire Purpose column and just focus on Collection rationale
  *   We should focus on our work product - make distinction between why data is collected and why data is published. We have come to rough consensus that thin data should be public, and that domain name control is a purpose for collection. Is purpose column just one input that is clouding discussion on rationale?
  *   Is there some need that we are fulfilling by defining publication (or access) rationale for each data element?
  *   "Access" vs "publication" terminology - see chat for points of disagreement. Would “access rationale” imply gated access? No, charter tasks the WG with identifying access requirements, which may include requirements for public access and/or gated access to some data.

b)  Identify proposed WG agreements to be tested by polling vs. discussed on-list


  *   In this call, we seem to have reconfirmed the previous WG Agreement #5: Domain name control is a legitimate purpose for Min Public Data Set collection.
  *   No additional Proposed WG Agreements identified during this call, so no poll this week.
  *   Leadership team to consider next steps

c) Wrap up loose ends on access charter question - Deferred

4) Brief updates

     a) Legal Analysis

  *   Contractor selected to perform legal analysis, based on inputs from WG members serving as advisors on this project
  *   Contracting process is underway, hopefully to start before the end of June (FY17)
  *   Target to complete within 2 months
    b) ccTLD Responses

  *   Responses are starting to come in, received from .ME and .IE so far
  *   Once several have been received, they'll be shared with WG
  *   Submissions are being posted on wiki: https://community.icann.org/x/rVjwAw
    c) Plans for ICANN59

  *   See session details below for Cross Community session, WG F2F session
  *   Cross Community session slides are available for download from https://community.icann.org/download/attachments/64948170/ICANN59-RDS-PDP-CCSession-Draft1.pdf
  *   Proposed agenda for WG F2F meeting is posted on https://community.icann.org/x/lATfAw

5) Confirm action items and proposed decision points


  *   No poll this week
  *   Action: Leadership team to consider next steps to wrap up this table and loose ends on the access charter question
  *   Action: All WG members encouraged to participate in ICANN59 sessions in person or remotely

6) Next meeting date: ICANN59

a) Cross-Community Discussion on RDS<http://sched.co/B3oo> on Monday 26 June (15.15-18.30 local time)


     *   Session Slides: ICANN59-RDS-PDP-CCSession PPT<https://community.icann.org/download/attachments/64948170/ICANN59-RDS-PDP-CCSession-Draft1.pptx?version=2&modificationDate=1498001463327&api=v2> and PDF<https://community.icann.org/download/attachments/64948170/ICANN59-RDS-PDP-CCSession-Draft1.pdf?version=2&modificationDate=1498001474965&api=v2> (revised)
b) RDS PDP F2F Working Group Meeting<http://sched.co/B49L> on Wednesday 28 June (08.30-12.00 local time)


     *   Proposed Agenda: https://community.icann.org/x/lATfAw
c) Additional sessions of interest<https://schedule.icann.org/>: GNSO RDS update<https://community.icann.org/x/LAXfAw> Monday, GDPR session<http://sched.co/B3ot> Tuesday

Meeting Materials

  *   Merged-ThinDataPurposes-v3-redlineForDiscussion.doc<https://community.icann.org/download/attachments/64078630/Merged-ThinDataPurposes-v3-redlineForDiscussion.doc?version=1&modificationDate=1497987462000&api=v2>
  *   KeyConceptsDeliberation-WorkingDraft-15June2017.pdf<https://community.icann.org/download/attachments/56986791/KeyConceptsDeliberation-WorkingDraft-15June2017.pdf?version=1&modificationDate=1497823907554&api=v2> and doc<https://community.icann.org/download/attachments/56986791/KeyConceptsDeliberation-WorkingDraft-15June2017.docx?version=1&modificationDate=1497823885972&api=v2>

13 June Call Poll Results (closes at COB Saturday 17 June)

  *
     *   PDF of Poll Questions: <https://community.icann.org/download/attachments/64078624/Poll-from-30MayCall.pdf?version=1&modificationDate=1496201558000&api=v2>  <https://community.icann.org/download/attachments/64078626/Poll-from-6JuneCall.pdf?version=1&modificationDate=1496813577571&api=v2> Poll-from-13JuneCall.pdf<https://community.icann.org/download/attachments/64078628/Poll-from-13JuneCall.pdf?version=2&modificationDate=1497412453942&api=v2>
     *   Annotated Poll Results: AnnotatedResults-Poll-from-13JuneCall-v4.pdf<https://community.icann.org/download/attachments/64078630/AnnotatedResults-Poll-from-13JuneCall-v4.pdf?version=1&modificationDate=1498001181000&api=v2>
     *   SurveyMonkey Summary Poll Results: SummaryResults-Poll-from-13JuneCall-v2.pdf<https://community.icann.org/download/attachments/64078630/SummaryResults-Poll-from-13JuneCall-v2.pdf?version=1&modificationDate=1497809874000&api=v2> (one duplicate deleted from this file)
     *   SurveyMonkey Raw Data Poll Results: RawDataResults-Poll-from-13JuneCall.zip<https://community.icann.org/download/attachments/64078630/RawDataResults-Poll-from-13JuneCall.zip?version=1&modificationDate=1497808961000&api=v2> and XLS<https://community.icann.org/download/attachments/64078630/RawDataResults-Poll-from-13JuneCall.xls?version=1&modificationDate=1497808974000&api=v2> (raw, includes the duplicate)

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