Fwd: Read the EPDP Update - Week of 8 October
Forwarding from the NCUC list. More info on EPDP meetings. I am not sure why such updates aren't coming through At-large lists. Marita Begin forwarded message:
*From: *ICANN Policy Staff <policy-staff@icann.org <mailto:policy-staff@icann.org>> *Subject: **Read the EPDP Update - Week of 8 October* *Date: *16 October 2018 at 22:02:21 GMT+2 *To: *farell@benin2point0.org <mailto:farell@benin2point0.org> *Reply-To: *policy-staff@icann.org <mailto:policy-staff@icann.org>
EPDP on the Temporary Specification for gTLD Registration Data Update for Week of 8 October 2018
WHAT HAPPENED THIS WEEK?
Overview
* The Team continued working through thedata elements workbooks <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>; 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.
Charter Questions
* 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?
Risk
The EPDP team is going to continue its work on the data elements workbooks, outstanding items and responses to charter questions in Barcelona for the F2F meeting. The progress to be made during ICANN63 will impact the timeline for initial report drafting and delivery for public comments. The EPDP leadership team is working for the plan toward the delivery of initial report and afterwards.
WHAT IS ON NEXT WEEK'S AGENDA?
The Team will prepare for its meetings at ICANN63. The EPDP Team is organizing four face-to-face meetings at ICANN63: (1) 08:30 – 18:30 local time on Saturday, 20 October 2018; (2) 17:00 – 18:30 local time on Sunday, 21 October 2018; (3) 17:00-18:30 local time on Wednesday, 24 October 2018; and (4) 08:30-10:15 local time on Thursday, 25 October.
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.
STATUS REPORT
RED Serious Delay/Issues
AMBER Manageable Delay/Issues
GREEN No Delay/Issues
Meeting # & Date
Topic 1
Topic 2
Planned Deliverable(s)
Status
(#1) 1-Aug
Orientation, Background, Operating Mode
COMPLETE
(#2) 7-Aug
Temp Sepc Triage - Part 1
COMPLETE
(#3) 9-Aug
Temp Sepc Triage - Part 1
COMPLETE
(#4) 14-Aug
Temp Sepc Triage - Part 2
COMPLETE
(#5) 16-Aug
Temp Sepc Triage - Part 3
COMPLETE
(#6) 21-Aug
Temp Sepc Triage - Part 4
COMPLETE
(#7) 28-Aug
Proposed Approach to Deliberations
COMPLETE
(#8) 28-Aug
Section 4.4 - Purposes for processing
Triage report*; Appendix D, E, G - URS, UDRP, Transfers*
COMPLETE
(#9) 30-Aug
Section 4.4 - Purposes for processing
Appendix C - Data Processing Requirements - Activity & Role Chart
COMPLETE
(#10) 4-Sep
Section 4.4 - Purposes for processing
Appendix C - Data Processing Requirements - Activity & Role Chart
Triage Report *submitted to the Council on 13 Sep
COMPLETE
(#11) 6-Sep
Appendix C.3 - Processor Requirements
Appendix C - Data Processing Requirements - Activity & Role Chart
COMPLETE
(#12) 11-Sep
Appendix C.3 - Processor Requirements
Appendix A 2.1 & 3.0 - European Economic Area
Redline 4.4 -deliverable terminated
COMPLETE
(#13) 13-Sep
Appendix A 2.2-2.4 - Redacted data set*
Appendix A 2.1 & 3.0 - European Economic Area
Data Elements Survey to be used during F2F meeting -deliverable terminated
COMPLETE
(#14) 18-Sep
Appendix A 2.2-2.4 - Redacted data set*
Sections 5,6,7 Registry / Registrar Requirements
Redline Appendix C- deliverable terminated
COMPLETE
(#15) 20-Sep
Section 7.2 Consent
Sections 5,6,7 Registry / Registrar Requirements
Redline Appendix A 2.1, 2.2-2.4, 3.0 -deliverable terminated
COMPLETE
(#16) 24-Sep
LA - Roadmap, Purposes, Data Elements for Processing
COMPLETE
(#17) 25-Sep
LA - Roadmap, Purposes, Data Elements for Processing
Short list of ICANN purposes
COMPLETE
(#18) 26-Sep
LA - Roadmap, Purposes, Data Elements for Processing
Data elements matrix per discussed ICANN purposes
COMPLETE
(#19) 2-Oct
Legal Basis for Purposes and related processing activities
Review Data Elements Workbook C
Next version of Workbook C
COMPLETE
(#20) 4-Oct
Review Data Elements Workbook F - Compliance
Review Data Elements Workbook N - Ry Eligibility Requirements
Next versions of Workbooks F, N
COMPLETE
(#21) 9-Oct
Review Data Elements Workbook A - Rt Rights
Review Data Elements Workbook M & N
Next versions of Workbooks A, M, N
COMPLETE
(#22) 11-Oct
Review Data Elements Workbook B - lawful disclosure
Prepare for ICANN meeting
Next versions of Workbook B
COMPLETE
(#23) 16-Oct
Prepare for ICANN meeting
- ICANN63 meeting materials - ICANN Purposes and lawful basis - Data Elements Workbooks
(#24) 20-Oct
ICANN63 Barcelona - EPDP Team
(#25) 21-Oct
ICANN63 Barcelona - HIT
(#26) 24-Oct
ICANN63 Barcelona - EPDP Team
(#27) 25-Oct
ICANN63 Barcelona - EPDP Team
TBD
(#28) 1-Nov
TBD
TBD
(--) 5-Nov
Publish Initial Report & Public Comment
Initial Report
(--) 5-Nov
Publish Initial Report
(--) 17-Dec
Public comment forum on the Initial Report
Public Comment Period launch
BUDGET FACT SHEET
The Budget Fact Sheet is a summary document of the EPDP that highlights meeting activity, status, milestone achievement, and most importantly financial resources. Unique to the Fact Sheet are details of available budget versus actual spend. The Fact Sheet will be published shortly after the close of the prior month. Read the Budget Fact Sheethere <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>.
More Information
* Workspace Wiki <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Charter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Timeline/Work Plan/Project Plan/Budget Fact Sheet <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * GNSO Website <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>
If you would like to follow this effort as an observer, please email theGNSO Secretariat <mailto:gnso-secs@icann.org>
Follow the GNSO on Twitter
Twitter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>
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Thanks Marita Interesting Regarding the following question
h5) What are the risks associated with differentiation of registrant status as legal or natural persons across multiple jurisdictions?
Part of the answer is already in the question. May I suggest that ALAC rep push to add after risks, advantages? All the best SeB Envoyé de mon iPhone
Le 18 oct. 2018 à 09:07, Marita Moll <mmoll@ca.inter.net> a écrit :
Forwarding from the NCUC list. More info on EPDP meetings. I am not sure why such updates aren't coming through At-large lists.
Marita
Begin forwarded message:
*From: *ICANN Policy Staff <policy-staff@icann.org <mailto:policy-staff@icann.org>> *Subject: **Read the EPDP Update - Week of 8 October* *Date: *16 October 2018 at 22:02:21 GMT+2 *To: *farell@benin2point0.org <mailto:farell@benin2point0.org> *Reply-To: *policy-staff@icann.org <mailto:policy-staff@icann.org>
EPDP on the Temporary Specification for gTLD Registration Data Update for Week of 8 October 2018
WHAT HAPPENED THIS WEEK?
Overview
* The Team continued working through thedata elements workbooks <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>; 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.
Charter Questions
* 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?
Risk
The EPDP team is going to continue its work on the data elements workbooks, outstanding items and responses to charter questions in Barcelona for the F2F meeting. The progress to be made during ICANN63 will impact the timeline for initial report drafting and delivery for public comments. The EPDP leadership team is working for the plan toward the delivery of initial report and afterwards.
WHAT IS ON NEXT WEEK'S AGENDA?
The Team will prepare for its meetings at ICANN63. The EPDP Team is organizing four face-to-face meetings at ICANN63: (1) 08:30 – 18:30 local time on Saturday, 20 October 2018; (2) 17:00 – 18:30 local time on Sunday, 21 October 2018; (3) 17:00-18:30 local time on Wednesday, 24 October 2018; and (4) 08:30-10:15 local time on Thursday, 25 October.
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.
STATUS REPORT
RED Serious Delay/Issues
AMBER Manageable Delay/Issues
GREEN No Delay/Issues
Meeting # & Date
Topic 1
Topic 2
Planned Deliverable(s)
Status
(#1) 1-Aug
Orientation, Background, Operating Mode
COMPLETE
(#2) 7-Aug
Temp Sepc Triage - Part 1
COMPLETE
(#3) 9-Aug
Temp Sepc Triage - Part 1
COMPLETE
(#4) 14-Aug
Temp Sepc Triage - Part 2
COMPLETE
(#5) 16-Aug
Temp Sepc Triage - Part 3
COMPLETE
(#6) 21-Aug
Temp Sepc Triage - Part 4
COMPLETE
(#7) 28-Aug
Proposed Approach to Deliberations
COMPLETE
(#8) 28-Aug
Section 4.4 - Purposes for processing
Triage report*; Appendix D, E, G - URS, UDRP, Transfers*
COMPLETE
(#9) 30-Aug
Section 4.4 - Purposes for processing
Appendix C - Data Processing Requirements - Activity & Role Chart
COMPLETE
(#10) 4-Sep
Section 4.4 - Purposes for processing
Appendix C - Data Processing Requirements - Activity & Role Chart
Triage Report *submitted to the Council on 13 Sep
COMPLETE
(#11) 6-Sep
Appendix C.3 - Processor Requirements
Appendix C - Data Processing Requirements - Activity & Role Chart
COMPLETE
(#12) 11-Sep
Appendix C.3 - Processor Requirements
Appendix A 2.1 & 3.0 - European Economic Area
Redline 4.4 -deliverable terminated
COMPLETE
(#13) 13-Sep
Appendix A 2.2-2.4 - Redacted data set*
Appendix A 2.1 & 3.0 - European Economic Area
Data Elements Survey to be used during F2F meeting -deliverable terminated
COMPLETE
(#14) 18-Sep
Appendix A 2.2-2.4 - Redacted data set*
Sections 5,6,7 Registry / Registrar Requirements
Redline Appendix C- deliverable terminated
COMPLETE
(#15) 20-Sep
Section 7.2 Consent
Sections 5,6,7 Registry / Registrar Requirements
Redline Appendix A 2.1, 2.2-2.4, 3.0 -deliverable terminated
COMPLETE
(#16) 24-Sep
LA - Roadmap, Purposes, Data Elements for Processing
COMPLETE
(#17) 25-Sep
LA - Roadmap, Purposes, Data Elements for Processing
Short list of ICANN purposes
COMPLETE
(#18) 26-Sep
LA - Roadmap, Purposes, Data Elements for Processing
Data elements matrix per discussed ICANN purposes
COMPLETE
(#19) 2-Oct
Legal Basis for Purposes and related processing activities
Review Data Elements Workbook C
Next version of Workbook C
COMPLETE
(#20) 4-Oct
Review Data Elements Workbook F - Compliance
Review Data Elements Workbook N - Ry Eligibility Requirements
Next versions of Workbooks F, N
COMPLETE
(#21) 9-Oct
Review Data Elements Workbook A - Rt Rights
Review Data Elements Workbook M & N
Next versions of Workbooks A, M, N
COMPLETE
(#22) 11-Oct
Review Data Elements Workbook B - lawful disclosure
Prepare for ICANN meeting
Next versions of Workbook B
COMPLETE
(#23) 16-Oct
Prepare for ICANN meeting
- ICANN63 meeting materials - ICANN Purposes and lawful basis - Data Elements Workbooks
(#24) 20-Oct
ICANN63 Barcelona - EPDP Team
(#25) 21-Oct
ICANN63 Barcelona - HIT
(#26) 24-Oct
ICANN63 Barcelona - EPDP Team
(#27) 25-Oct
ICANN63 Barcelona - EPDP Team
TBD
(#28) 1-Nov
TBD
TBD
(--) 5-Nov
Publish Initial Report & Public Comment
Initial Report
(--) 5-Nov
Publish Initial Report
(--) 17-Dec
Public comment forum on the Initial Report
Public Comment Period launch
BUDGET FACT SHEET
The Budget Fact Sheet is a summary document of the EPDP that highlights meeting activity, status, milestone achievement, and most importantly financial resources. Unique to the Fact Sheet are details of available budget versus actual spend. The Fact Sheet will be published shortly after the close of the prior month. Read the Budget Fact Sheethere <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>.
More Information
* Workspace Wiki <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Charter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Timeline/Work Plan/Project Plan/Budget Fact Sheet <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * GNSO Website <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>
If you would like to follow this effort as an observer, please email theGNSO Secretariat <mailto:gnso-secs@icann.org>
Follow the GNSO on Twitter
Twitter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>
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<Attached Message Part> _______________________________________________ CPWG mailing list CPWG@icann.org https://mm.icann.org/mailman/listinfo/cpwg _______________________________________________ GTLD-WG mailing list GTLD-WG@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
Working Group direct URL: https://community.icann.org/display/atlarge/New+GTLDs
Hi Sebastian and all, The main concern with regard to the issue of differentiating between legal and natural persons lies in this grey area where personal data of natural and of legal persons overlap, where article 4 defines personal data as any information relating to an identified natural person and while the GDPR and its relevant recitals specifically say that it does not apply to legal persons still registries and registrars might feel that they are taking risks So mainly the registrars/registries might be concerned to be put in a situation by which they think that they are handling data in a manner compliant with the GDPR but they turn out violating data subject rights where they could be processing personal data related to legal persons in a non-compliant manner and as we all know uncertainty and risks are the main issues and concerns of the registries and registrars. In addition of course to what they might regard as difficult or costly to implement. That being said some European ccTLD registries like EURid and DNS Belgium are already making the distinction between legal and natural persons and maybe an option in the system can exist to resolve the issues related to the overlap between the natural and legal persons at sometimes. Note: I have been attending sub teams 2 and 3 and Alan has been attending sub team 1(which deals with this issue, therefore what I have put above does not necessary relate to any or some of the group's view or opinion) Best Hadia From: CPWG [mailto:cpwg-bounces@icann.org] On Behalf Of Sebastien Bachollet Sent: Thursday, October 18, 2018 9:25 AM To: Marita Moll Cc: CPWG Subject: Re: [CPWG] [GTLD-WG] Fwd: Read the EPDP Update - Week of 8 October Thanks Marita Interesting Regarding the following question h5) What are the risks associated with differentiation of registrant status as legal or natural persons across multiple jurisdictions? Part of the answer is already in the question. May I suggest that ALAC rep push to add after risks, advantages? All the best SeB Envoyé de mon iPhone Le 18 oct. 2018 à 09:07, Marita Moll <mmoll@ca.inter.net<mailto:mmoll@ca.inter.net>> a écrit : Forwarding from the NCUC list. More info on EPDP meetings. I am not sure why such updates aren't coming through At-large lists. Marita Begin forwarded message: *From: *ICANN Policy Staff <policy-staff@icann.org<mailto:policy-staff@icann.org> <mailto:policy-staff@icann.org>> *Subject: **Read the EPDP Update - Week of 8 October* *Date: *16 October 2018 at 22:02:21 GMT+2 *To: *farell@benin2point0.org<mailto:farell@benin2point0.org> <mailto:farell@benin2point0.org> *Reply-To: *policy-staff@icann.org<mailto:policy-staff@icann.org> <mailto:policy-staff@icann.org> EPDP on the Temporary Specification for gTLD Registration Data Update for Week of 8 October 2018 WHAT HAPPENED THIS WEEK? Overview * The Team continued working through thedata elements workbooks <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>; 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. Charter Questions * 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? Risk The EPDP team is going to continue its work on the data elements workbooks, outstanding items and responses to charter questions in Barcelona for the F2F meeting. The progress to be made during ICANN63 will impact the timeline for initial report drafting and delivery for public comments. The EPDP leadership team is working for the plan toward the delivery of initial report and afterwards. WHAT IS ON NEXT WEEK'S AGENDA? The Team will prepare for its meetings at ICANN63. The EPDP Team is organizing four face-to-face meetings at ICANN63: (1) 08:30 – 18:30 local time on Saturday, 20 October 2018; (2) 17:00 – 18:30 local time on Sunday, 21 October 2018; (3) 17:00-18:30 local time on Wednesday, 24 October 2018; and (4) 08:30-10:15 local time on Thursday, 25 October. 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. STATUS REPORT RED Serious Delay/Issues AMBER Manageable Delay/Issues GREEN No Delay/Issues Meeting # & Date Topic 1 Topic 2 Planned Deliverable(s) Status (#1) 1-Aug Orientation, Background, Operating Mode COMPLETE (#2) 7-Aug Temp Sepc Triage - Part 1 COMPLETE (#3) 9-Aug Temp Sepc Triage - Part 1 COMPLETE (#4) 14-Aug Temp Sepc Triage - Part 2 COMPLETE (#5) 16-Aug Temp Sepc Triage - Part 3 COMPLETE (#6) 21-Aug Temp Sepc Triage - Part 4 COMPLETE (#7) 28-Aug Proposed Approach to Deliberations COMPLETE (#8) 28-Aug Section 4.4 - Purposes for processing Triage report*; Appendix D, E, G - URS, UDRP, Transfers* COMPLETE (#9) 30-Aug Section 4.4 - Purposes for processing Appendix C - Data Processing Requirements - Activity & Role Chart COMPLETE (#10) 4-Sep Section 4.4 - Purposes for processing Appendix C - Data Processing Requirements - Activity & Role Chart Triage Report *submitted to the Council on 13 Sep COMPLETE (#11) 6-Sep Appendix C.3 - Processor Requirements Appendix C - Data Processing Requirements - Activity & Role Chart COMPLETE (#12) 11-Sep Appendix C.3 - Processor Requirements Appendix A 2.1 & 3.0 - European Economic Area Redline 4.4 -deliverable terminated COMPLETE (#13) 13-Sep Appendix A 2.2-2.4 - Redacted data set* Appendix A 2.1 & 3.0 - European Economic Area Data Elements Survey to be used during F2F meeting -deliverable terminated COMPLETE (#14) 18-Sep Appendix A 2.2-2.4 - Redacted data set* Sections 5,6,7 Registry / Registrar Requirements Redline Appendix C- deliverable terminated COMPLETE (#15) 20-Sep Section 7.2 Consent Sections 5,6,7 Registry / Registrar Requirements Redline Appendix A 2.1, 2.2-2.4, 3.0 -deliverable terminated COMPLETE (#16) 24-Sep LA - Roadmap, Purposes, Data Elements for Processing COMPLETE (#17) 25-Sep LA - Roadmap, Purposes, Data Elements for Processing Short list of ICANN purposes COMPLETE (#18) 26-Sep LA - Roadmap, Purposes, Data Elements for Processing Data elements matrix per discussed ICANN purposes COMPLETE (#19) 2-Oct Legal Basis for Purposes and related processing activities Review Data Elements Workbook C Next version of Workbook C COMPLETE (#20) 4-Oct Review Data Elements Workbook F - Compliance Review Data Elements Workbook N - Ry Eligibility Requirements Next versions of Workbooks F, N COMPLETE (#21) 9-Oct Review Data Elements Workbook A - Rt Rights Review Data Elements Workbook M & N Next versions of Workbooks A, M, N COMPLETE (#22) 11-Oct Review Data Elements Workbook B - lawful disclosure Prepare for ICANN meeting Next versions of Workbook B COMPLETE (#23) 16-Oct Prepare for ICANN meeting - ICANN63 meeting materials - ICANN Purposes and lawful basis - Data Elements Workbooks (#24) 20-Oct ICANN63 Barcelona - EPDP Team (#25) 21-Oct ICANN63 Barcelona - HIT (#26) 24-Oct ICANN63 Barcelona - EPDP Team (#27) 25-Oct ICANN63 Barcelona - EPDP Team TBD (#28) 1-Nov TBD TBD (--) 5-Nov Publish Initial Report & Public Comment Initial Report (--) 5-Nov Publish Initial Report (--) 17-Dec Public comment forum on the Initial Report Public Comment Period launch BUDGET FACT SHEET The Budget Fact Sheet is a summary document of the EPDP that highlights meeting activity, status, milestone achievement, and most importantly financial resources. Unique to the Fact Sheet are details of available budget versus actual spend. The Fact Sheet will be published shortly after the close of the prior month. Read the Budget Fact Sheethere <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>. More Information * Workspace Wiki <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Charter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Timeline/Work Plan/Project Plan/Budget Fact Sheet <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * GNSO Website <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> If you would like to follow this effort as an observer, please email theGNSO Secretariat <mailto:gnso-secs@icann.org> Follow the GNSO on Twitter Twitter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> ICANN|12025 Waterfront Drive,Suite 300,Los Angeles, CA 90094-2536 Unsubscribe farell@benin2point0.org<mailto:farell@benin2point0.org> <https://visitor.constantcontact.com/do?p=un&m=00115LrDzKl3LoTB9FWCDiE2A%3D&c...> Update Profile <https://visitor.constantcontact.com/do?p=oo&m=00115LrDzKl3LoTB9FWCDiE2A%3D&ch=b67b2100-d17d-11e8-aceb-d4ae528eb100&ca=bc5cbc37-5746-4489-8251-b1d5fdada98f>|About our service provider <http://www.constantcontact.com/legal/service-provider?cc=about-service-provi...> Sent bypolicy-staff@icann.org<mailto:bypolicy-staff@icann.org> <mailto:policy-staff@icann.org>in collaboration with Trusted Email from Constant Contact - Try it FREE today. <http://www.constantcontact.com/index.jsp?cc=nge> Try it free today <http://www.constantcontact.com/index.jsp?cc=nge> <Attached Message Part> _______________________________________________ CPWG mailing list CPWG@icann.org<mailto:CPWG@icann.org> https://mm.icann.org/mailman/listinfo/cpwg _______________________________________________ GTLD-WG mailing list GTLD-WG@atlarge-lists.icann.org<mailto:GTLD-WG@atlarge-lists.icann.org> https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg Working Group direct URL: https://community.icann.org/display/atlarge/New+GTLDs
Very well written email Hadia which indeed points out a few operational issues that will be hard to solve. This is also a moving target as there is discussion within Europe regarding sole traders and self-employed people which is somewhat of a legal grey area. The current discussion is that such groups should be able to enjoy a level of privacy, to what extent is unknown, as such it is impossible to speculate about operational solutions but one might expect it becomes rather complex, not to mention the complexity towards legacy data. Of course, recital 4 of the GDPR will have to be taken into account pending further discussion. https://gdpr-info.eu/recitals/no-4/ Theo Hadia Abdelsalam Mokhtar EL miniawi schreef op 2018-10-18 12:02 PM:
Hi Sebastian and all,
The main concern with regard to the issue of differentiating between legal and natural persons lies in this grey area where personal data of natural and of legal persons overlap, where article 4 defines personal data as any information relating to an identified natural person and while the GDPR and its relevant recitals specifically say that it does not apply to legal persons still registries and registrars might feel that they are taking risks
So mainly the registrars/registries might be concerned to be put in a situation by which they think that they are handling data in a manner compliant with the GDPR but they turn out violating data subject rights where they could be processing personal data related to legal persons in a non-compliant manner and as we all know uncertainty and risks are the main issues and concerns of the registries and registrars. In addition of course to what they might regard as difficult or costly to implement.
That being said some European ccTLD registries like EURid and DNS Belgium are already making the distinction between legal and natural persons and maybe an option in the system can exist to resolve the issues related to the overlap between the natural and legal persons at sometimes. Note: I have been attending sub teams 2 and 3 and Alan has been attending sub team 1(which deals with this issue, therefore what I have put above does not necessary relate to any or some of the group's view or opinion)
Best Hadia
From: CPWG [mailto:cpwg-bounces@icann.org] On Behalf Of Sebastien Bachollet Sent: Thursday, October 18, 2018 9:25 AM To: Marita Moll Cc: CPWG Subject: Re: [CPWG] [GTLD-WG] Fwd: Read the EPDP Update - Week of 8 October
Thanks Marita
Interesting
Regarding the following question h5) What are the risks associated with differentiation of
registrant status as legal or natural persons across multiple
jurisdictions? Part of the answer is already in the question.
May I suggest that ALAC rep push to add after risks, advantages?
All the best SeB
Envoyé de mon iPhone
Le 18 oct. 2018 à 09:07, Marita Moll <mmoll@ca.inter.net<mailto:mmoll@ca.inter.net>> a écrit : Forwarding from the NCUC list. More info on EPDP meetings. I am not sure why such updates aren't coming through At-large lists.
Marita
Begin forwarded message:
*From: *ICANN Policy Staff <policy-staff@icann.org<mailto:policy-staff@icann.org> <mailto:policy-staff@icann.org>> *Subject: **Read the EPDP Update - Week of 8 October* *Date: *16 October 2018 at 22:02:21 GMT+2 *To: *farell@benin2point0.org<mailto:farell@benin2point0.org> <mailto:farell@benin2point0.org> *Reply-To: *policy-staff@icann.org<mailto:policy-staff@icann.org> <mailto:policy-staff@icann.org>
EPDP on the Temporary Specification for gTLD Registration Data Update for Week of 8 October 2018
WHAT HAPPENED THIS WEEK?
Overview
* The Team continued working through thedata elements workbooks
<http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>; 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.
Charter Questions
* 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?
Risk
The EPDP team is going to continue its work on the data elements workbooks, outstanding items and responses to charter questions in Barcelona for the F2F meeting. The progress to be made during ICANN63 will impact the timeline for initial report drafting and delivery for public comments. The EPDP leadership team is working for the plan toward the delivery of initial report and afterwards.
WHAT IS ON NEXT WEEK'S AGENDA?
The Team will prepare for its meetings at ICANN63. The EPDP Team is organizing four face-to-face meetings at ICANN63: (1) 08:30 – 18:30 local time on Saturday, 20 October 2018; (2) 17:00 – 18:30 local time on Sunday, 21 October 2018; (3) 17:00-18:30 local time on Wednesday, 24 October 2018; and (4) 08:30-10:15 local time on Thursday, 25 October.
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.
STATUS REPORT
RED Serious Delay/Issues
AMBER Manageable Delay/Issues
GREEN No Delay/Issues
Meeting # & Date
Topic 1
Topic 2
Planned Deliverable(s)
Status
(#1) 1-Aug
Orientation, Background, Operating Mode
COMPLETE
(#2) 7-Aug
Temp Sepc Triage - Part 1
COMPLETE
(#3) 9-Aug
Temp Sepc Triage - Part 1
COMPLETE
(#4) 14-Aug
Temp Sepc Triage - Part 2
COMPLETE
(#5) 16-Aug
Temp Sepc Triage - Part 3
COMPLETE
(#6) 21-Aug
Temp Sepc Triage - Part 4
COMPLETE
(#7) 28-Aug
Proposed Approach to Deliberations
COMPLETE
(#8) 28-Aug
Section 4.4 - Purposes for processing
Triage report*; Appendix D, E, G - URS, UDRP, Transfers*
COMPLETE
(#9) 30-Aug
Section 4.4 - Purposes for processing
Appendix C - Data Processing Requirements - Activity & Role Chart
COMPLETE
(#10) 4-Sep
Section 4.4 - Purposes for processing
Appendix C - Data Processing Requirements - Activity & Role Chart
Triage Report *submitted to the Council on 13 Sep
COMPLETE
(#11) 6-Sep
Appendix C.3 - Processor Requirements
Appendix C - Data Processing Requirements - Activity & Role Chart
COMPLETE
(#12) 11-Sep
Appendix C.3 - Processor Requirements
Appendix A 2.1 & 3.0 - European Economic Area
Redline 4.4 -deliverable terminated
COMPLETE
(#13) 13-Sep
Appendix A 2.2-2.4 - Redacted data set*
Appendix A 2.1 & 3.0 - European Economic Area
Data Elements Survey to be used during F2F meeting -deliverable terminated
COMPLETE
(#14) 18-Sep
Appendix A 2.2-2.4 - Redacted data set*
Sections 5,6,7 Registry / Registrar Requirements
Redline Appendix C- deliverable terminated
COMPLETE
(#15) 20-Sep
Section 7.2 Consent
Sections 5,6,7 Registry / Registrar Requirements
Redline Appendix A 2.1, 2.2-2.4, 3.0 -deliverable terminated
COMPLETE
(#16) 24-Sep
LA - Roadmap, Purposes, Data Elements for Processing
COMPLETE
(#17) 25-Sep
LA - Roadmap, Purposes, Data Elements for Processing
Short list of ICANN purposes
COMPLETE
(#18) 26-Sep
LA - Roadmap, Purposes, Data Elements for Processing
Data elements matrix per discussed ICANN purposes
COMPLETE
(#19) 2-Oct
Legal Basis for Purposes and related processing activities
Review Data Elements Workbook C
Next version of Workbook C
COMPLETE
(#20) 4-Oct
Review Data Elements Workbook F - Compliance
Review Data Elements Workbook N - Ry Eligibility Requirements
Next versions of Workbooks F, N
COMPLETE
(#21) 9-Oct
Review Data Elements Workbook A - Rt Rights
Review Data Elements Workbook M & N
Next versions of Workbooks A, M, N
COMPLETE
(#22) 11-Oct
Review Data Elements Workbook B - lawful disclosure
Prepare for ICANN meeting
Next versions of Workbook B
COMPLETE
(#23) 16-Oct
Prepare for ICANN meeting
- ICANN63 meeting materials - ICANN Purposes and lawful basis - Data Elements Workbooks
(#24) 20-Oct
ICANN63 Barcelona - EPDP Team
(#25) 21-Oct
ICANN63 Barcelona - HIT
(#26) 24-Oct
ICANN63 Barcelona - EPDP Team
(#27) 25-Oct
ICANN63 Barcelona - EPDP Team
TBD
(#28) 1-Nov
TBD
TBD
(--) 5-Nov
Publish Initial Report & Public Comment
Initial Report
(--) 5-Nov
Publish Initial Report
(--) 17-Dec
Public comment forum on the Initial Report
Public Comment Period launch
BUDGET FACT SHEET
The Budget Fact Sheet is a summary document of the EPDP that highlights meeting activity, status, milestone achievement, and most importantly financial resources. Unique to the Fact Sheet are details of available budget versus actual spend. The Fact Sheet will be published shortly after the close of the prior month. Read the Budget Fact Sheethere <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>.
More Information
* Workspace Wiki
<http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Charter
<http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * Timeline/Work Plan/Project Plan/Budget Fact Sheet
<http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...> * GNSO Website
<http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>
If you would like to follow this effort as an observer, please email theGNSO Secretariat <mailto:gnso-secs@icann.org>
Follow the GNSO on Twitter
Twitter <http://r20.rs6.net/tn.jsp?f=0017fmDtgLzrOhw-qOnvSMiIT587krsbjdaUrx10NOAy5v8P...>
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participants (4)
-
gtheo -
Hadia Abdelsalam Mokhtar EL miniawi -
Marita Moll -
Sebastien Bachollet