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

Fri Oct 20 13:46:30 UTC 2017

Stephanie,

I haven’t seen the agendas for the two public forums yet, but I strongly encourage you to have your list of questions ready to ask as appropriate in one or both of those sessions.  My prediction is that Goren and/or Teresa will be asked to respond and they will add your input into whatever process is being used. And as you know, speakers are always asked to provide their input in writing after the public forum.

I am not directly involved in the GDPR session on Thursday, but I have tried to provide some input about the development of questions into that planning process.

Chuck

From: Stephanie Perrin [mailto:stephanie.perrin at mail.utoronto.ca] 
Sent: Friday, October 20, 2017 6:33 AM
To: Chuck <consult at cgomes.com>; gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1

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>  [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 <mailto: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  <mailto:consult at cgomes.com> <consult at cgomes.com>; 'Alan Greenberg'  <mailto:alan.greenberg at mcgill.ca> <alan.greenberg at mcgill.ca>;
'GNSO RDS PDP'  <mailto: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> 
[mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Chuck
Sent: Thursday, October 19, 2017 8:51 AM
To: 'Alan Greenberg'  <mailto:alan.greenberg at mcgill.ca> <alan.greenberg at mcgill.ca>; 'GNSO RDS PDP'
 <mailto: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> 
[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  <mailto: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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