[IRT.RegDataPolicy] R27 wave 1 draft report review

Tue Jan 14 22:38:36 UTC 2020

Susan,

Karen already answered the document part, but I think one point needs to be made here: what you described is not an impact in the policy, but an impact on RDDS users. PPSAI will be impacted by RegDataPolicy in a small issue exactly about not redacting, but that's it. Impacts of GDPR and other privacy legislation on RDDS are well known, and it would be good not to try relitigate EPDP decisions in IRT to speed-up the RegDataPolicy implementation. While this hasn't occurred in this thread yet, it has a happened a lot recently, and that doesn't help solve the impact on RDDS users sooner.

Rubens

> On 14 Jan 2020, at 16:48, Susan Kawaguchi via IRT.RegDataPolicy <irt.regdatapolicy at icann.org> wrote:
> 
> Hi Karen,
> 
> Wondering why Proxy Privacy Policy is not listed in your summary below?  I would place it in the High Impact category as we are seeing an increase in proxy/privacy registrations and confusing registrations.  It is becoming more difficult to determine if the information is redacted or a proxy is in place on a whois record.
> 
> Susan
> 
> On Monday, January 13, 2020, 08:20:05 PM PST, Karen Lentz <karen.lentz at icann.org> wrote:
> 
> 
> Dear IRT members,
> 
> 
> As background to this task, this is the draft report for Wave 1 of the EPDP Phase 1 recommendation 27, impacted policies and procedures.  Please note that this is in draft form and we are sharing with the IRT prior to delivering in official form to the GNSO.
> 
> 
> The ask for the IRT is to review for:  1) Confirmation that the GNSO is the appropriate path for resolving these issues as they concern impacts on existing consensus policies, and 2) Identification of any impacted areas not specified in the draft.
> 
> 
> Some summary points are below:
> 
> 
> The EPDP Ph 1 Recommendation 27 specified the need to identify and address all policies and procedures that might be affected by the EPDP Phase 1 policy recommendations and the new Registration Data Policy.
> ICANN org has performed a detailed review of a set of existing policies and procedures and has drafted this Wave 1 report, which provides an analysis of the impacted areas identified as well as potential changes to address the impact.
> Impacts may include outdated provision language, higher-level issues such as the relevance or inconsistency of an existing policy or procedure with the new Registration Data Policy, or implications for existing contractual provisions.
> It is important to note that this work will be completed in two waves, based on priority. A follow-up to this report (Wave 2) will cover the relevant (non-policy) procedures (e.g., Data Escrow, Trademark Clearinghouse).
> The Wave 1 draft report includes an analysis of the 15 policies or procedures listed below and identifies the level of impact of the policy recommendations, which can be put in rough buckets as follows:
> High Impact
> 
> Registry Registration Data Directory Services Consistent Labeling and Display Policy <https://www.icann.org/resources/pages/rdds-labeling-policy-2017-02-01-en>
> Thick RDDS (Whois) Transition Policy for .COM, .NET and .JOBS <https://www.icann.org/resources/pages/thick-whois-transition-policy-2017-02-01-en>
> Transfer Policy <https://www.icann.org/en/resources/registrars/transfers>
> Uniform Domain Name Dispute Resolution Policy <https://www.icann.org/en/help/dndr/udrp> (UDRP) (Rules)
> Uniform Rapid Suspension <https://www.icann.org/resources/pages/urs-2014-01-09-en> (URS)
> Medium Impact
> 
> Expired Domain Deletion Policy <https://www.icann.org/en/resources/registrars/accreditation/eddp> (EDDP)
> Whois Data Reminder Policy <https://www.icann.org/en/resources/registrars/consensus-policies/wdrp> (WDRP)
> Low Impact
> 
> AGP Limits Policy <https://www.icann.org/en/resources/registries/agp/agp-policy-17dec08-en.htm>
> Additional Whois Information Policy <https://www.icann.org/resources/pages/policy-awip-2014-07-02-en>(AGP)
> Expired Registration Recovery Policy <https://www.icann.org/en/resources/registrars/consensus-policies/errp>(ERRP)
> Protection of IGO and INGO Identifier in All gTLDs Policy <https://www.icann.org/resources/pages/igo-ingo-protection-policy-2018-01-16-en>
> Registry Services Evaluation Policy <https://www.icann.org/en/resources/registries/rsep/policy> (RSEP)
> Restored Names Accuracy Policy <https://www.icann.org/en/resources/registrars/consensus-policies/rnap> (RNAP)
> Revised ICANN Procedure for Handling WHOIS Conflicts with Privacy Law <https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en>
> Whois Marketing Restriction Policy <https://www.icann.org/resources/pages/registrars/consensus-policies/wmrp-en>
> Next steps:
> 
> The impacts for the items described in the Wave 1 report appear to be within the remit of the GNSO, as they are either consensus policies or, in the case of URS, currently being considered in a GNSO policy development process.
> The draft report is being shared with the EPDP Phase 1 Implementation Review Team (IRT) currently working with ICANN org on implementation of the policy recommendations, for completeness and validation that the GNSO is the appropriate path for the items included in the report.
> Following this review step, the report, with any updates from the IRT review, will be submitted to the GNSO Council who will then determine next steps (e.g., Expedited Policy Development Process, GNSO Guidance Process, etc.).
> 
> We appreciate this recommendation on the part of the EPDP Team as it has been very instructive to undertake this exercise.  From a process perspective, this effort also suggests that the ICANN procedures for developing, approving, and implementing a new policy may lack a mechanism for transparently identifying and resolving any conflicts or impacts on existing policies and procedures where they apply.
> 
> 
> We think this an important discussion for the community to undertake.  The Board is interested in furthering a discussion on this in the coming months, and will look forward to the engagement of the community in this dialogue as well.
> 
> 
> Please let us know of any questions.
> 
> 
> Best regards,
> 
> Karen
> 
> 
> --
> 
> 
> Karen Lentz
> 
> Senior Director, Policy Research & Data Services
> 
> 
> ICANN
> 
> 12025 Waterfront Drive, Suite 300
> 
> Los Angeles CA  90094
> 
> +1 310 895 3637
> 
> 
> 
> From: "IRT.RegDataPolicy" <irt.regdatapolicy-bounces at icann.org> on behalf of Dennis Chang <dennis.chang at icann.org>
> Date: Monday, January 13, 2020 at 5:59 PM
> To: "irt.regdatapolicy at icann.org" <irt.regdatapolicy at icann.org>
> Subject: [IRT.RegDataPolicy] R27 wave 1 draft report review
> 
> 
> Dear IRT,
> 
> 
> R27 draft report for Wave 1 is now ready for IRT review and added to the Task List as
> 
> 84
> 
> Review R27 Wave 1 draft Report  <https://docs.google.com/document/d/1HM8V2IJwcNQdz_1amMITLcbw4hWO7zUuYKjDRG2OJYs/edit>
> 20200203
> 
> 
> Karen,
> 
> Will follow this task assignment email with information regarding this report.
> 
> 
> Stay tuned.
> 
> 
> --
> 
> Kind Regards,
> 
> Dennis S. Chang
> 
> GDD Programs Director
> 
> Phone: +1 213 293 7889
> 
> Sykpe: dennisSchang
> 
> www.icann.org <http://www.icann.org/> One World – One Internet
> 
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