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

Fri Oct 20 13:33:25 UTC 2017

Oddly enough, Chuck, they seem to listen to you more than me.  I will 
compile a list of questions, which of course I would prefer to ask 
Teresa face to face, and see if anyone replies....

cheers Stephanie

On 2017-10-20 09:30, Chuck wrote:
>
> Stephanie,
>
> Regarding your question ‘Who is the client’, from what I have 
> observed, the client is all that you describe: the MS body, the CEO, 
> staff and the Board.
>
> I suggest that all of us look for opportunities to provide input on 
> the development of the questions.  I have made suggestions along that 
> line to one group that I am involved with and will look for additional 
> ways to do so.
>
> Chuck
>
> *From:*gnso-rds-pdp-wg-bounces at icann.org 
> [mailto:gnso-rds-pdp-wg-bounces at icann.org] *On Behalf Of *Stephanie Perrin
> *Sent:* Thursday, October 19, 2017 8:19 AM
> *To:* gnso-rds-pdp-wg at icann.org
> *Subject:* Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
>
> 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> <mailto:consult at cgomes.com>; 'Alan Greenberg'<alan.greenberg at mcgill.ca> <mailto:alan.greenberg at mcgill.ca>;
>
>     'GNSO RDS PDP'<gnso-rds-pdp-wg at icann.org> <mailto: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>
>
>     [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> <mailto:alan.greenberg at mcgill.ca>; 'GNSO RDS PDP'
>
>     <gnso-rds-pdp-wg at icann.org> <mailto: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>
>
>     [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> <mailto: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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>
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>
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>
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>
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>
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