Motion concerning the Registration Data Accuracy Scoping Team recommendations
Dear GNSO Councillors, Attached please find a Motion concerning the Registration Data Accuracy Scoping Team recommendations for assignment #1 and #2. This will be part of the voting agenda for November's Council meeting. Thanks, Greg
Dear Greg, all The IPC would like to propose some amendments to the proposed Motion regarding the Accuracy Scoping Team recommendations, which we hope you will consider to be friendly. During our discussions on this, the IPC had reservations about the deferral on recommendations #1 and #2 being open-ended and dependant on matters outside of Council's control which might not happen in a timely manner or even, potentially, at all. While Council probably always has the option to bring things back for reconsideration, we feel that it would be beneficial to build-in a checkpoint to ensure that, if there is unexpected delay, these recommendations do indeed come back onto our agenda. We believe this is also beneficial in confirming to Org and the wider community that recommendations #1 and #2 remain on our radar and are not being shelved. Our proposed amendments are in red below - I have included all the resolved clauses but you will see that the changes are only to 2 and 3, and are intended to do nothing more than to give us a checkpoint for reconsideration, if insufficient progress has been made on the DPAs and other matters. For the avoidance of doubt, I did also propose replacing "to" with "will" in clause 2, which I think is the intent. 1. The GNSO Council adopts recommendation #3 of the write up which recommends 1) pausing the work in relation to proposals that require access to registration data, 2) encouraging ICANN org to proceed with their outreach to the EDPB as well as the Data Protection Impact Assessment in connection with the scenario(s) in which the request and processing of registration data takes place as a matter of urgency, and 3) requests that ICANN org and Contracted Parties finalize the negotiations on the Data Processing Agreement (DPA) as soon as practicable as the absence of a completed DPA may act as a roadblock for policy work before Council. 2. The GNSO Council defers consideration of recommendations #1 and #2 until such time the DPA negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data to will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter. 3. Once the DPA negotiations are completed and the this feedback referred to at paragraph 2 is received from ICANN org, the GNSO Council will review the formation and instructions<https://community.icann.org/x/QoFaCg> to the Scoping Team to ensure these are still fit for purpose and request the Scoping Team to further consider potential proposals that require access to registration data as well as how these impact the existing recommendations #1 and #2 (e.g. should these still be considered by the GNSO Council for adoption, or in the context of proposals that require access to registration data these may no longer be relevant or a priority?). If, after 6 months from this resolution, the DPA negotiations are not completed and/or the required feedback referred to at paragraph 2 has not been provided by ICANN org, Council will discuss and determine whether or not to continue deferring the consideration of recommendations #1 and #2. 4. Taking into account the delay with which the write up was delivered, as well as some of the challenges that were shared with the Scoping Team's Chair during his briefing to the Council, Council leadership will reach out informally to Scoping Team members to better understand the issues encountered to help inform the Council's review of the formation and instructions. 5. Council leadership is requested to send a communication to ICANN org in relation to recommendation #3 (as well as Contracted Parties in relation to the DPA) as well as communicate the Council's decision to non-GNSO groups participating in this effort (ALAC, GAC and SSAC) as well as the Scoping Team. 6. The GNSO Council thanks Michael Palage, outgoing Chair, and Olga Cavalli, outgoing Council liaison, for their efforts. As part of its review of the formation and instructions to the Scoping Team, the Council will consider next steps for finding new leadership for this effort. Many thanks Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png@01D8F93C.00E8A430]<https://comlaude.com/> From: council <council-bounces@gnso.icann.org> On Behalf Of DiBiase, Gregory via council Sent: 03 November 2022 22:33 To: council@gnso.icann.org Subject: [council] Motion concerning the Registration Data Accuracy Scoping Team recommendations Dear GNSO Councillors, Attached please find a Motion concerning the Registration Data Accuracy Scoping Team recommendations for assignment #1 and #2. This will be part of the voting agenda for November's Council meeting. Thanks, Greg ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com>
Hi Susan- thanks for these edits. They make sense to me. I accept the amendments as the party proposing the motion. From: Susan Payne <susan.payne@comlaude.com> Sent: Tuesday, November 15, 2022 1:49 PM To: DiBiase, Gregory <dibiase@amazon.com>; council@gnso.icann.org Subject: RE: [EXTERNAL][council] Motion concerning the Registration Data Accuracy Scoping Team recommendations CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe. Dear Greg, all The IPC would like to propose some amendments to the proposed Motion regarding the Accuracy Scoping Team recommendations, which we hope you will consider to be friendly. During our discussions on this, the IPC had reservations about the deferral on recommendations #1 and #2 being open-ended and dependant on matters outside of Council's control which might not happen in a timely manner or even, potentially, at all. While Council probably always has the option to bring things back for reconsideration, we feel that it would be beneficial to build-in a checkpoint to ensure that, if there is unexpected delay, these recommendations do indeed come back onto our agenda. We believe this is also beneficial in confirming to Org and the wider community that recommendations #1 and #2 remain on our radar and are not being shelved. Our proposed amendments are in red below - I have included all the resolved clauses but you will see that the changes are only to 2 and 3, and are intended to do nothing more than to give us a checkpoint for reconsideration, if insufficient progress has been made on the DPAs and other matters. For the avoidance of doubt, I did also propose replacing "to" with "will" in clause 2, which I think is the intent. 1. The GNSO Council adopts recommendation #3 of the write up which recommends 1) pausing the work in relation to proposals that require access to registration data, 2) encouraging ICANN org to proceed with their outreach to the EDPB as well as the Data Protection Impact Assessment in connection with the scenario(s) in which the request and processing of registration data takes place as a matter of urgency, and 3) requests that ICANN org and Contracted Parties finalize the negotiations on the Data Processing Agreement (DPA) as soon as practicable as the absence of a completed DPA may act as a roadblock for policy work before Council. 2. The GNSO Council defers consideration of recommendations #1 and #2 until such time the DPA negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data to will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter. 3. Once the DPA negotiations are completed and the this feedback referred to at paragraph 2 is received from ICANN org, the GNSO Council will review the formation and instructions<https://community.icann.org/x/QoFaCg> to the Scoping Team to ensure these are still fit for purpose and request the Scoping Team to further consider potential proposals that require access to registration data as well as how these impact the existing recommendations #1 and #2 (e.g. should these still be considered by the GNSO Council for adoption, or in the context of proposals that require access to registration data these may no longer be relevant or a priority?). If, after 6 months from this resolution, the DPA negotiations are not completed and/or the required feedback referred to at paragraph 2 has not been provided by ICANN org, Council will discuss and determine whether or not to continue deferring the consideration of recommendations #1 and #2. 4. Taking into account the delay with which the write up was delivered, as well as some of the challenges that were shared with the Scoping Team's Chair during his briefing to the Council, Council leadership will reach out informally to Scoping Team members to better understand the issues encountered to help inform the Council's review of the formation and instructions. 5. Council leadership is requested to send a communication to ICANN org in relation to recommendation #3 (as well as Contracted Parties in relation to the DPA) as well as communicate the Council's decision to non-GNSO groups participating in this effort (ALAC, GAC and SSAC) as well as the Scoping Team. 6. The GNSO Council thanks Michael Palage, outgoing Chair, and Olga Cavalli, outgoing Council liaison, for their efforts. As part of its review of the formation and instructions to the Scoping Team, the Council will consider next steps for finding new leadership for this effort. Many thanks Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png@01D8F995.90EE2880]<https://comlaude.com/> From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of DiBiase, Gregory via council Sent: 03 November 2022 22:33 To: council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: [council] Motion concerning the Registration Data Accuracy Scoping Team recommendations Dear GNSO Councillors, Attached please find a Motion concerning the Registration Data Accuracy Scoping Team recommendations for assignment #1 and #2. This will be part of the voting agenda for November's Council meeting. Thanks, Greg ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com>
participants (2)
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DiBiase, Gregory -
Susan Payne