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

Fri Oct 20 13:43:19 UTC 2017

Thanks Chuck
These sound better outline for way forward.
We look forward to the calls on Monday and Thursday.
Thanks

On 20 Oct 2017 14:25, "Chuck" <consult at cgomes.com> wrote:

> Greg,
>
>
>
> For now, the leadership team has decided the following regarding your
> suggestion:
>
>    - Let’s wait and see what information ICANN provides leading up to
>    ICANN 60 and in Abu Dhabi.  It is possible that much of the information
>    that a presentation would cover will be provided in other forums.
>    - We believe the Face-to-Face in Abu Dhabi would be better used on our
>    WG tasks.
>    - If there is still value in requesting a presentation, we can request
>    one using Adobe Connect after ICANN 60.
>
>
>
> I would also like to encourage everyone to do the following:
>
>    - Participate in the Public Forum sessions on Monday and Thursday and
>    use those opportunities as possible to ask questions.
>    - Participate in the GDPR session on Thursday and ask questions as
>    possible.
>
>
>
> Chuck
>
>
>
> *From:* gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-
> bounces at icann.org] *On Behalf Of *Greg Aaron
> *Sent:* Thursday, October 19, 2017 9:40 AM
> *To:* Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>;
> gnso-rds-pdp-wg at icann.org
> *Subject:* Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
>
>
>
> Dear Chuck:
>
>
>
> ICANN meetings are for information-sharing.  And since we have two efforts
> working on some of the exact same issues,  I suggest that some info-sharing
> could be very helpful to our volunteers.
>
>
>
> The ICANN Org effort with Hamilton is clearly going to be more
> comprehensive than the narrow effort our WG has received from Wilson
> Sonsini.  And as you know, the Org effort will set a precedent which will
> be important for our WG to understand.
>
>
>
> The new memo, and those to come, are about the impact of GDPR on
> registration data and WHOIS.  I draw your attention to the end of the blog
> post:
>
> “As a reminder, this legal analysis is intended to serve as building block
> for community discussions about how to approach GDPR issues in the domain
> name space. [WHOIS.]
>
> Here's where we need help from the multistakeholder community:
>
> Please review the initial legal analysis and provide feedback. This
> includes identifying possible questions, and how best to interact with data
> protection agencies and others to get to the next step of the analysis.
>
> It will be helpful to receive your feedback at the earliest opportunity,
> so as to inform the upcoming discussions at ICANN60, and to feed into
> future iterations of the legal analysis.”
>
>
>
> The RDS WG is the main place where the multistakeholder community is
> considering WHOIS.   So one would think that ICANN Org would have already
> reached out to our WG.   I am surprised that it has not.   So, I think it’s
> appropriate for us to invite the Org folks in.  The goal is to understand
> that work and ask questions.  Maybe the RDS WG could then formulate some
> feedback as requested above.  After all, we’ve been thinking about this
> stuff for almost two years now..
>
>
>
> As part of the briefing, it would be good to hear about this effort's
> schedule and workplan.  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."  I do not see any of those details in the memo or
> blog.  For example, what topics will be the subjects of the forthcoming
> memos?  There’s clearly a plan for that.
>
>
>
> I have no idea of any of that will come out in the GDPR session on
> Thursday, but since that consists of panel presentations, I am unsure and
> would prefer that our WG definitely get a briefing and a chance to ask
> questions.
>
>
>
> All best,
>
> --Greg
>
>
>
> *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 *Stephanie
> Perrin
> *Sent:* Thursday, October 19, 2017 11:19 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 <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 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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