Begin forwarded message:
From: ICANN Policy Staff <policy-staff@icann.org>
Subject: Read the EPDP Update - Week of 8 October
Date: 16 October 2018 at 22:02:21 GMT+2
Reply-To: policy-staff@icann.org
- The Team continued working through the data elements workbooks; this week, we focused on:
- Purpose A: Establish the rights of a Registered Name Holder in a Registered Name and ensuring that the Registered Name Holder may exercise its rights in respect of the Registered Name; and
- Purpose B: Facilitate lawful access for legitimate 3rd party interests to data that is already collected and identified herein.
- During the course of the discussion on the transfer of data from registrar to registry, the Team noted the Purpose A language required more clarity; specifically, what rights does a registrant have in a name? To facilitate further discussion on this question, a small group of volunteers worked together on updated draft text for Purpose A.
- During the course of the discussion on Purpose B, the Team identified a disconnect between the processing activity and the purpose. A small group of volunteers led by Benedict Addis volunteered to propose new language in response to the issues identified by the Team.
- To continue the progress form the Team’s F2F meeting, the Team agreed to work in small groups to cover additional topics/charter questions that needed to be addressed prior to Barcelona.
- The EPDP Team specifically proposed to address the transfer of registration data from registrars to registries in an effort to answer the following Charter questions:
- c1) What data should registrars be required to transfer to the registry?
- c2) What data is required to fulfill the purpose of a registry registering and resolving a domain name?
- c3) What data is transferred to the registry because it is necessary to deliver the service of fulfilling a domain registration versus other legitimate purposes as outlined in part (a) above?
- c4) Is there a legal reason why registrars should not be required to transfer data to the registries, in accordance with previous consensus policy on this point?
- c5) Should registries have the option to require contact data or not?
- c6) Is there a valid purpose for the registrant contact data to be transferred to the registry, or should it continue to reside at the registrar?
- Subteam 1 met again to discuss the following Charter questions:
- h) Applicability of Data Processing Requirements
- h3) Should Contracted Parties be allowed or required to treat legal and natural persons differently, and what mechanism is needed to ensure reliable determination of status?
- h4) Is there a legal basis for Contracted Parties to treat legal and natural persons differently?
- h5) What are the risks associated with differentiation of registrant status as legal or natural persons across multiple jurisdictions? (See EDPB letter of 5 July 2018).
- Subteam 3 met to discuss the following Charter questions:
- j) Temporary Specification and Reasonable Access
- j1) Should existing requirements in the Temporary Specification remain in place until a model for access is finalized?
- j2) Can the obligation to provide “reasonable access” be further clarified and/or better defined through the implementation of a community-wide model for access or similar framework which takes into account at least the following elements:
- What outside parties / classes of outside parties, and types of uses of non-public Registration Data by such parties, fall within legitimate purposes and legal basis for such use?
- Should such outside parties / classes of outside parties be vetted by ICANN in some manner and if so, how?
- If the parties should not be vetted by ICANN, who should vet such parties?
- f) Publication of data by registrar/registry:
- f2) Should standardized requirements on registrant contact mechanism be developed?
- f3) Under what circumstances should third parties be permitted to contact the registrant, and how should contact be facilitated in those circumstances?
Additionally, there is an EPDP high interest topic meeting from 15:15-16:45 local time on Monday, 22 October 2018. The EPDP Team plans to provide an update on the Initial Report and preview proposed recommendations with the community. The Initial Report is expected to be published after ICANN63.
If you would like to follow this effort as an observer, please email the GNSO Secretariat
