Dear Amy and all: We would support the first of the two options below, namely: The data escrow and retention requirements for Registrars (with respect to Privacy/Proxy Customer data) should be superseded by new requirements for all accredited Privacy and Proxy Service Providers, so that Registrars would no longer be required to retain or escrow the underlying Customer data associated with Privacy and Proxy Service registrations offered or made available by the Registrar or its affiliates. We believe the second option would create inconsistency and confusion, particularly for third parties who would not immediately know whether to go to the registrar or the P/P service provider to obtain retained/escrowed customer data. We believe the accreditation policy/agreement should set one standard applicable across the board for who will retain/escrow customer data as between the registrar and P/P service provider, with the logical choice being the P/P provider because they are in direct contact with the customer whereas the registrar may only have the P/P service provider’s data as the de facto registrant. Best regards, Brian, Phil and Griffin Brian J. Winterfeldt Co-Head of Global Brand Management and Internet Practice Mayer Brown LLP bwinterfeldt@mayerbrown.com<mailto:bwinterfeldt@mayerbrown.com> 1999 K Street, NW Washington, DC 20006-1101 202.263.3284 direct dial 202.830.0330 fax 1221 Avenue of the Americas New York, New York 10020-1001 212.506.2345 direct dial From: gdd-gnso-ppsai-impl-bounces@icann.org<mailto:gdd-gnso-ppsai-impl-bounces@icann.org> [mailto:gdd-gnso-ppsai-impl-bounces@icann.org] On Behalf Of Amy Bivins Sent: Friday, February 24, 2017 9:15 AM To: gdd-gnso-ppsai-impl@icann.org<mailto:gdd-gnso-ppsai-impl@icann.org> Subject: [Gdd-gnso-ppsai-impl] Agenda and discussion question for 28 February Privacy/Proxy IRT meeting Hello, All, I hope you are well! This is a reminder of the Privacy/Proxy Services Accreditation IRT call scheduled for 28 February 2017 at 15:00 UTC. I hope you can attend. Our agenda is fairly short, so the call will likely not last the full 90 minutes. Attached is a document that includes background material (text of relevant RAA provisions) and a discussion question for the call. I’m repeating the question here for convenience (if you wish to share your thoughts on this before Tuesday, please feel free to do so on the list): In light of existing RAA requirements for Registrars’ retention and escrow of Privacy and Proxy Service Customer data, and in light of the discussions during the 24th January 2017 Privacy/Proxy Implementation Review Team meeting, the ICANN organization should implement data escrow and retention requirements for accredited Privacy and Proxy Service Providers as follows (choose one): 1. The data escrow and retention requirements for Registrars (with respect to Privacy/Proxy Customer data) should be superseded by new requirements for all accredited Privacy and Proxy Service Providers, so that Registrars would no longer be required to retain or escrow the underlying Customer data associated with Privacy and Proxy Service registrations offered or made available by the Registrar or its affiliates; or 2. ICANN should permit the Registrar and the accredited Privacy and Proxy Service Provider to choose whether the Registrar or the Provider will be responsible for escrow and retention of Customer data. In addition to this question, we will also discuss potential topics for our agenda at our half-day meeting at ICANN58. Best, Amy Amy E. Bivins Registrar Policy Services Manager Registrar Services and Industry Relations Internet Corporation for Assigned Names and Numbers (ICANN) Direct: +1 (202) 249-7551 Fax: +1 (202) 789-0104 Email: amy.bivins@icann.org<mailto:amy.bivins@icann.org> www.icann.org<http://www.icann.org> __________________________________________________________________________ This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.