[gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Thu Oct 19 15:19:25 UTC 2017


I am curious as to how the questions are being framed.   Who is the 
client, ICANN the MS body, ICANN the CEO and staff (who have been found 
to be a co-controller and therefore have an interest in avoiding fines) 
or ICANN the Board.

There are different interests at stake here, I  think it would be useful 
to get a fuller understanding of how Teresa Swineheart is handling the 
development of questions.

Stephanie Perrin


On 2017-10-19 10:43, Chuck wrote:
> Greg,
>
> Having just finished reading the Hamilton memo, I don't understand why you
> think the WG needs a presentation?  What would a presentation from Teresa or
> other ICANN staff person provide us that we couldn't get from the memo
> itself and other sources such as the ICANN Blog, etc.?
>
> Can you identify any advice from Hamilton that would supplant work we have
> been doing?  If so, please identify it.
>
> In my opinion:
> -	The advice of ways forward fits nicely into our policy development
> processes.
> -	The Hamilton Memo confirms much of what we already heard from the DP
> experts and Wilson Sonsini so we now have it from three separate sources.
> -	You are absolutely that we "need to understand and track the legal
> advice being made" and that it overlaps what we are doing but I think that
> will help us.
>
> Chuck
>
> -----Original Message-----
> From: Greg Aaron [mailto:gca at icginc.com]
> Sent: Thursday, October 19, 2017 7:25 AM
> To: Chuck <consult at cgomes.com>; 'Alan Greenberg' <alan.greenberg at mcgill.ca>;
> 'GNSO RDS PDP' <gnso-rds-pdp-wg at icann.org>
> Subject: RE: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
>
> Dear WG  leadership:
>
> As we expected, this ICANN Org effort will have a profound effect on our
> work.  We will need to understand and track the legal advice being made,
> which overlaps with and in some places may supplant work we have been doing.
> And the memo's "Finding New Ways Forward"  section (3.9) provides advice for
> the policy-making process.  Clearly our WG needs (deserves) a presentation
> at Abu Dhabi from Teresa Swinehart, who is heading up this effort.
>
> Could this be done at the WG meeting on Wednesday 1 November?
> Wednesday will be better attended, both in-person and remotely.  (Some
> members may still be in transit during the WG's early Saturday morning
> meeting.  And the Saturday meeting is at a challenging time for those
> participating remotely -- ~6:30 a.m. Saturday morning in Europe /  12:30
> a.m. Saturday East Coast USA.)
>
> As part of the briefing, it would be good to hear about this effort's
> schedule, workplan, and immediate next steps.  The memo says: "We intend to
> provide a series of memorandums, which will address different aspects of the
> issue and where the  scope and topics of each such memorandum will be
> discussed and agreed with ICANN. We understand that ICANN intends to make
> each memorandum publicly available."
>
> All best,
> --Greg
>
>
>
> -----Original Message-----
> From: gnso-rds-pdp-wg-bounces at icann.org
> [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Chuck
> Sent: Thursday, October 19, 2017 8:51 AM
> To: 'Alan Greenberg' <alan.greenberg at mcgill.ca>; 'GNSO RDS PDP'
> <gnso-rds-pdp-wg at icann.org>
> Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
>
> I want to call attention to the following paragraph:
>
> "The memo highlights the complexity of these issues in the domain name
> space, and concludes that the current open, publicly available WHOIS
> services cannot remain unchanged. The WHOIS system has to become adaptable
> to address the GDPR from the European perspective, as well as other changing
> regulations around the world."
>
> After input from Data Protection experts, the Wilson Sonsini memo and now
> this memo, do any in the WG disagree with this statement?
>
> Chuck
>
>
>
> -----Original Message-----
> From: gnso-rds-pdp-wg-bounces at icann.org
> [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Alan Greenberg
> Sent: Thursday, October 19, 2017 5:04 AM
> To: GNSO RDS PDP <gnso-rds-pdp-wg at icann.org>
> Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
>
> Full Blog post is at
> https://www.icann.org/news/blog/data-protection-and-privacy-update.  Alan
>
> At 19/10/2017 12:23 AM, Alan Greenberg wrote:
>> Perhaps it has already been posted, but if not, ICANN has received the
>> first part of the independent legal analysis of the GDPR in relation to
>> WHOIS that had been commissioned.
>>
>> It can be found at
>> https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct
>> 17-e
> n.pdf.
>> Alan
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