[IRT.RegDataPolicy] Rec 9 Analysis Review

Fri Jul 12 15:22:50 UTC 2019

Dear Sarah and IRT,

Thank you all for your support and productive engagement on the IRT call.
Indeed, as we continue to discover the recommendations are not always easy to convert into requirements we can agree on.
Such is the challenge for the implementation team.

We couldn’t get to Rec 9 in our call so I’d like to see if we can make progress before the next call.
Please note that I’ve added a statement on a new approach to handle Rec 9 on top of that document.
I invite the IRT to consider and comment.
https://docs.google.com/document/d/1tEPl9E1Geq5Z_t1dPU2DcZVdnuycx1h6pmhFweKHaaA/edit?ts=5d2893a5

Thanks
Dennis Chang

From: "IRT.RegDataPolicy" <irt.regdatapolicy-bounces at icann.org> on behalf of Sarah Wyld <swyld at tucows.com>
Organization: Tucows
Date: Friday, July 5, 2019 at 6:35 AM
To: "irt.regdatapolicy at icann.org" <irt.regdatapolicy at icann.org>
Subject: Re: [IRT.RegDataPolicy] Rec 9 Analysis Review

Thanks to the whole team for this useful discussion about Rec 9.

Dennis/Staff - can Rec 9 be on the agenda for our upcoming meeting, please? At this time, the draft policy does not matche my understanding of the intent of this recommendation, and I think we need to to discuss as a team before we can effectively make edits in the google doc.

Thanks,

--

Sarah Wyld

Domains Product Team

Tucows

+1.416 535 0123 Ext. 1392

On 6/24/2019 8:15 PM, Amr Elsadr wrote:
Thank YOU, Diane.

Amr

Sent from Mobile

On Mon, Jun 24, 2019 at 10:24 PM, Plaut, Diane <Diane.Plaut at corsearch.com<mailto:Diane.Plaut at corsearch.com>> wrote:
Dear Amr-

Thank you for this clarification. I understand and agree.

Diane Plaut
General Counsel and Privacy Officer
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From: Amr Elsadr <aelsadr at icannpolicy.ninja><mailto:aelsadr at icannpolicy.ninja>
Reply-To: Amr Elsadr <aelsadr at icannpolicy.ninja><mailto:aelsadr at icannpolicy.ninja>
Date: Monday, June 24, 2019 at 6:33 AM
To: "Plaut, Diane" <Diane.Plaut at corsearch.com><mailto:Diane.Plaut at corsearch.com>
Cc: "mcanderson at verisign.com"<mailto:mcanderson at verisign.com> <mcanderson at verisign.com><mailto:mcanderson at verisign.com>, "irt.regdatapolicy at icann.org"<mailto:irt.regdatapolicy at icann.org> <irt.regdatapolicy at icann.org><mailto:irt.regdatapolicy at icann.org>
Subject: Re: [IRT.RegDataPolicy] Rec 9 Analysis Review

Hi,

To be clear, my understanding isn’t that changes to the contracts between ICANN and ROs/Registrars are unnecessary for the purpose of providing data for compliance purposes, or to satisfy the required processing activities in Purpose 5. The latter are meant to comply with relevant laws (at least the one we identified and worked on during Phase 1). What I am supporting is that there is no need to come up with Consensus Policy language for these changes to be made.

The recommendation is for changes to be made to these agreements, if needed, and as Marc pointed out, recommendation 9 also points out that the scope of compliance requests is already adequately covered in the existing contracts. So changes are surely necessary, but I don’t believe the IRT can add any value at this point.

Of course, if I have missed anything, would be happy to be corrected.

Thanks.

Amr

On Jun 24, 2019, at 12:59 AM, Plaut, Diane <Diane.Plaut at corsearch.com<mailto:Diane.Plaut at corsearch.com>> wrote:

I think we need to further consider this because to say it is not needed does not adequately address the changes to comply with relevant laws. The recommendation has the purpose of addressing prospective changes - can we be certain such changes will or are not needed definitely at this time?

Sincerely,

Diane

On Jun 23, 2019, at 4:04 AM, Amr Elsadr <aelsadr at icannpolicy.ninja<mailto:aelsadr at icannpolicy.ninja>> wrote:
Hi,

Makes sense to me.

Thanks.

Amr

On Jun 21, 2019, at 9:13 PM, Anderson, Marc via IRT.RegDataPolicy <irt.regdatapolicy at icann.org<mailto:irt.regdatapolicy at icann.org>> wrote:

Team,

I agree with Sarah on this.  Recommendations #9 directs ICANN, registries and registrars to look at “the Contracts” (here referring to applicable Registry Agreements and Registrar Accreditation Agreement) making updates “if needed” to be in line with purpose 5 (contractual compliance).

The recommendation notes that the contracts already provide the appropriate scope for contractual compliance requests and subsequent transfer.  New consensus policy language requiring Registry operators and registrars to transfer data to ICANN is not needed, nor is that what is called for by the recommendation.

Best,
Marc

From: IRT.RegDataPolicy <irt.regdatapolicy-bounces at icann.org<mailto:irt.regdatapolicy-bounces at icann.org>> On Behalf Of Sarah Wyld
Sent: Friday, June 21, 2019 8:26 AM
To: irt.regdatapolicy at icann.org<mailto:irt.regdatapolicy at icann.org>
Subject: [EXTERNAL] Re: [IRT.RegDataPolicy] Rec 9 Analysis Review

Hello Team,
I have a question about the direction we're taking for Rec 9, and want to bring it up with the team for discussion. I am hoping we can go over it by email, as I will not be able to join you in Marrakech.
This draft policy section I think tries to encompass the intent of the Recommendation, it talks about how ICANN can require Rr/Ry to provide data, and our edits yesterday focused on ensuring that applicable laws are met, only relevant data is requested, etc.

But the Rec itself starts with "The EPDP Team recommends that updates, if needed, are made to the contractual requirements concerning the registration data elements for registries and registrars to transfer to ICANN Org the domain name registration data that they process when required/requested for purpose 5 (Contractual Compliance)."

Does this mean that, instead of creating a new policy section about it, we actually need to go back to other existing ICANN contractual requirements and modify those to have these limitations about applicable laws, relevant data, etc.?  It does not seem easily clear to me, so hopefully better minds will have some ideas.
Thanks,

--

Sarah Wyld

Domains Product Team

Tucows

+1.416 535 0123 Ext. 1392

On 6/20/2019 3:33 AM, Dennis Chang wrote:
Dear IRT,

The recommendations 9 is open for IRT review and added to the IRT Task List as:
19

Review Recommendation 9 Analysis: Ry&Rr to ICANN org<https://docs.google.com/document/d/1tEPl9E1Geq5Z_t1dPU2DcZVdnuycx1h6pmhFweKHaaA/edit>

20190630

The review document with the proposed policy language has been added to the IRT Team Drive.
The task assignment is linked to it for your future reference.
https://docs.google.com/document/d/1tEPl9E1Geq5Z_t1dPU2DcZVdnuycx1h6pmhFweKHaaA/edit

Thank you for your continuing support.

—
Kind Regards,
Dennis S. Chang
GDD Services & Engagement Program Director
Telephone: +1 213 293 7889
Skype: dennisSchang
www.icann.org<http://www.icann.org/>

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