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

Fri Oct 20 10:04:21 UTC 2017

So, hopefully this group can take Greg’s suggestion to heart. It’s very
much appropriate from my view for us to invite the “Org” folks in to
understand this work done on our behalf as it’s stakeholders, and ask
questions with the goal of moving forward effectively and efficiently. At
the same time, I plan to contribute to  the arduous task ahead of us
leading up to Abu Dhabi, and am finding the work we are doing useful even
if it is just to wrap my head around the available RFC data elements, and
articulate all the abuse issues from a technical perspective for
compromised DNS infrastructures.

On Fri, Oct 20, 2017 at 2:51 AM John Bambenek via gnso-rds-pdp-wg <
gnso-rds-pdp-wg at icann.org> wrote:

> Said better than I have. The way forward greatly depends on how you frame
> the question. And that question is more profound than open whois.
>
> --
> John Bambenek
>
> On Oct 19, 2017, at 17:19, Stephanie Perrin <
> stephanie.perrin at mail.utoronto.ca> wrote:
>
> 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 <gca at icginc.com>]
> Sent: Thursday, October 19, 2017 7:25 AM
> To: Chuck <consult at cgomes.com> <consult at cgomes.com>; 'Alan Greenberg' <alan.greenberg at mcgill.ca> <alan.greenberg at mcgill.ca>;
> 'GNSO RDS PDP' <gnso-rds-pdp-wg at icann.org> <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 <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> <alan.greenberg at mcgill.ca>; 'GNSO RDS PDP'<gnso-rds-pdp-wg at icann.org> <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 <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> <gnso-rds-pdp-wg at icann.org>
> Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
>
> Full Blog post is athttps://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 athttps://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct
> 17-e
>
> n.pdf.
>
> Alan
>
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-- 
Jonathan Matkowsky

-- 
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