Subject: [Gdd-gnso-ppsai-impl] Notes, action items from today's Privacy/Proxy IRT call
From: Amy Bivins <[email-masked]>
To: "[email-masked]" <[email-masked]>, "Caitlin Tubergen" <[email-masked]>
Date: Tue, 29 Aug 2017 18:12:12 +0000
List-Id: <gdd-gnso-ppsai-impl.icann.org>

Hi All,

Thanks for your attendance and participation on today's Privacy/Proxy IRT call. If you couldn't attend, I encourage you to listen to the recording, which is available on the wiki, https://community.icann.org/display/IRT.

We have several updates and action items today. Please review this list carefully.

1.      Last week's IRT poll re: PSWG-proposed edit to PP disclosure framework. The poll results, attached as JPG screenshots, are similar to the feedback received on last week's IRT call. A few IRT members supported the adoption of the PSWG proposal, but most IRT members expressed a preference to keep the language in the current PPAA draft as-is. We have sent these results to the PSWG and asked whether the PSWG would like to discuss potential compromises any further. We'll determine next steps after hearing back from the PSWG.
2.      The PPAA issues list (attached) has been updated to reflect all IRT input received on the list over the past week and today's IRT call.
3.      Data Escrow: Any additional feedback on the issues raised on today's call should be sent to the list no later than this Friday, 1 September. In particular, please consider whether the proposed elements of the specification that Francisco presented seem to be going in the intended direction, or whether you believe changes are needed.
4.      RDDS Labeling: Any additional feedback on the issues raised on today's call should be sent to the list no later than this Friday, 1 September.
5.      Agenda for 5 Sept IRT call: De-accreditation process proposal (to be sent to the list this week); PPAA issue 26 (new! Suggested on-list by Sara Bockey, re 24/7 monitoring of abuse contact); next steps on data retention (possible)
6.      Any IRT feedback on comments from list from Margie Milam re: IP framework (attached) should be sent to list no later than this Friday, 1 September.
7.      Any IRT feedback on comments from list from Steve Metalitz on PPAA Sect. 3.5.4 should be sent to list no later than this Friday, 1 September.
8.      Please note that draft PPAA_17July (attached) has not been updated to reflect IRT discussions to date (this is the original sent to the IRT). Once we have completed the issues list, we will distribute an updated draft v2 that reflects all changes made per the IRT's feedback, for the IRT's review.

Finally, as many of you are probably aware, I am preparing to go out on maternity leave in about 3 weeks (for 12 weeks). I should be around through 22 Sept, but I wanted to alert you to this in case I'm unexpectedly out before then. Caitlin Tubergen will be providing backup support for this project while I'm away (thanks, Caitlin!), and every effort has been made to keep this project moving at the current pace in my absence. Thanks to all your hard work and dedication, this IRT's work should be ready to publish for public comment while I'm away, barring any unexpected developments. I'll be following your work while I'm out, and will be back either the week before the ICANN holiday break or the first week of 2018. Thanks for your understanding and please don't hesitate to contact me if you have questions.

Best,

Amy

Amy E. Bivins

Registrar Services and Engagement Senior 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: [email-masked]<mailto:[email-masked]>

www.icann.org<http://www.icann.org>

Subject: Re: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]
From: Margie Milam <[email-masked]>
To: "[email-masked]" <[email-masked]>
Date: Tue, 29 Aug 2017 00:26:24 +0000
List-Id: <gdd-gnso-ppsai-impl.icann.org>

Hi Amy & All-

Here are additional comments on the IP Framework:

*       What is the justification for charging? (see: Section 1.2.3. Assessing a nominal cost-recovery fee for processing complaint submissions, or to maintain Requester account so long as this does not serve as an unreasonable barrier to access to the process).  Since there was no support on the IRT for requiring manual review of requests, perhaps there is no longer a need to charge a fee for submitting requests.
*       Section 1.2 - There should be an appeal process built in (just like registrars are afforded when “adversely affected”) – especially where the Provider can revoke or block Requester access to the submission tool …
*       Section 2.1.6.1 and 2.2.7.1-  Requiring the rights holder to state that “is not defensible: is an improper standard because anyone can “claim a defense”
*       Section 3.3.4 – if the disclosure is refused, and the customer has surrendered the name, how does the rights holder identify who and where to sue for past infringement?  Are the providers to be sued in lieu of the customer?

All the best,

Margie

From: <[email-masked]> on behalf of Amy Bivins <[email-masked]>
Reply-To: "[email-masked]" <[email-masked]>
Date: Friday, August 25, 2017 at 7:54 AM
To: "[email-masked]" <[email-masked]>
Subject: Re: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]

Dear Colleagues,

I’m able to confirm that we will be discussing data escrow on next week’s Privacy/Proxy IRT call (29 August). We will also be discussing the RDDS labeling specification in the PPAA draft v1. We don’t have draft text to show you yet on data escrow—we want to talk through a few issues first to ensure we are on the right track before finalizing proposed text. We will have members of ICANN’s technical services team on the call to discuss.

Also, this is a reminder to please complete the linked poll related to the LEA framework, https://www.surveymonkey.com/r/2F5BGBG<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.surveymonkey.com_r_2F5BGBG&d=DwMFAg&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=NFpK2YlsA7dZRa4pshqhjKa9ULu5nbRd9X6GNs8gZjk&s=bGGNH7-bqMVChgKEYs60gIb2dKAU-EIRe-EdaTQKBQE&e=> no later than this upcoming Monday, 28 August. In addition, please send any additional input on the topics discussed this week and any additional suggestions for sections of the PPAA draft that you would like to discuss to the list.

Thanks, and have a great weekend!

Amy

Amy E. Bivins

Registrar Services and Engagement Senior 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: [email-masked]<mailto:[email-masked]>

www.icann.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DwMFAg&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=NFpK2YlsA7dZRa4pshqhjKa9ULu5nbRd9X6GNs8gZjk&s=Jfso-4bTPnubxFl3iTXdbJUxr09j7tqaNxnZXBffSoo&e=>

From: [email-masked] [mailto:[email-masked]] On Behalf Of Amy Bivins
Sent: Wednesday, August 23, 2017 10:00 AM
To: [email-masked]
Subject: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]

Hello, All,

Thanks so much for your active participation on yesterday’s Privacy/Proxy IRT call. For those of you would could not attend, I encourage you to please listen to the recording, available on the wiki, https://community.icann.org/display/IRT/22+August+2017<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_display_IRT_22-2BAugust-2B2017&d=DwMFAg&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=NFpK2YlsA7dZRa4pshqhjKa9ULu5nbRd9X6GNs8gZjk&s=4v-2Pm-5tQXv9g8XsaOZ2qF5tKslQO3xSCWiQj7RPW0&e=>.

Several action items resulted from this meeting:

*       IRT: Please complete this linked poll regarding the proposed edit to the LEA framework, specification 4 of the draft PPAA, https://www.surveymonkey.com/r/2F5BGBG<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.surveymonkey.com_r_2F5BGBG&d=DwMFAg&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=NFpK2YlsA7dZRa4pshqhjKa9ULu5nbRd9X6GNs8gZjk&s=bGGNH7-bqMVChgKEYs60gIb2dKAU-EIRe-EdaTQKBQE&e=>, no later than next Monday, 28 August. Please read the background before the first question carefully.

   *    The IRT discussion on this topic yesterday continued to demonstrate a division among the group regarding this proposed edit. The results of this poll will not be counted as a vote but are intended to ensure that we have a complete record and understanding of all IRT participants’ opinions on this topic. This is important. Please participate. There are only two substantive questions.

*       IRT: Please provide any additional feedback no later than Monday, 28 August, on the “record-keeping” topic, issue 24 on the issues list.
*       IRT: Please provide any additional feedback you have no later than Monday, 28 August, on the IP framework (issue 20 on the issues list), particularly the issue raised on the call, regarding the proposed addition of language from the framework’s introduction in the Final Report.
*       IRT: Please provide any additional feedback you have no later than Monday, 28 August, on the “business dealings” section of the PPAA draft (issue 25 on the issues list).
*       ICANN will review the “business dealings” section of the PPAA draft, per IRT feedback, to ensure that the language (when read in consultation with the rest of the contract) will not result in duplicative notice requirements (ie, customers should receive one notice (e.g. data accuracy notices), either from the provider or registrar—not both).

Finally, you will notice that we are moving fairly quickly to the end of the issues list (albeit with many action items to follow up on). Please send any additional points related to the PPAA draft that you would like to discuss to the list. Once we reach the end of the issues list, if we have no further suggestions from you, we will move on to other topics.

For next week’s call, we are planning to discuss data escrow and RDDS labeling. I will confirm this by Monday morning Eastern Time at the latest (we are currently working to finalize an updated draft specification for your review).

Best,

Amy

Amy E. Bivins

Registrar Services and Engagement Senior 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: [email-masked]<mailto:[email-masked]>

www.icann.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DwMFAg&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=NFpK2YlsA7dZRa4pshqhjKa9ULu5nbRd9X6GNs8gZjk&s=Jfso-4bTPnubxFl3iTXdbJUxr09j7tqaNxnZXBffSoo&e=>

Subject: Re: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]
From: "Metalitz, Steven" <[email-masked]>
To: "[email-masked]" <[email-masked]>
Date: Tue, 29 Aug 2017 13:46:57 +0000
List-Id: <gdd-gnso-ppsai-impl.icann.org>

We have already discussed some other changes to 3.5.4.1 of the PPAA v. 1 which I assume will be reflected in v.2.

One additional issue re 3.5.4:  The chapeau paragraph requires the customer to provide contact information but does not specify admin or tech contact.  However, 3.5.4.2 states that Customer must provide “accurate technical and administrative contact information.”

The goal should be for the Customer to provide enough information so that, in the event the p/p service is terminated and Publication occurs, the contact info submitted could be published in Whois.  This is consistent with 3.5.4.2.  Perhaps the initial paragraph of 3.5.4 should be revised to conform to this.

Steve

Steven J. Metalitz | Partner, through his professional corporation

T: 202.355.7902 | [email-masked]<mailto:[email-masked]>

Mitchell Silberberg & Knupp LLP | www.msk.com<http://www.msk.com/>

1818 N Street NW, 8th Floor, Washington, DC 20036

THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU.

From: [email-masked] [mailto:[email-masked]] On Behalf Of Amy Bivins
Sent: Tuesday, August 29, 2017 8:43 AM
To: [email-masked]
Subject: Re: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]

Hi Sara,

Yes, you are correct. We have added that language to the next version (draft v2) but that draft won’t be distributed to the IRT until we are through this first round of discussions (to avoid the need for many more rounds of edits to the draft).

Best,

Amy

From: [email-masked]<mailto:[email-masked]> [mailto:[email-masked]] On Behalf Of Sara Bockey
Sent: Monday, August 28, 2017 4:11 PM
To: [email-masked]<mailto:[email-masked]>
Subject: Re: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]

Hi Amy,

I was just looking over the “clean” version of the PPAA and noticed that the new language for 3.5.4.1 has not been incorporated.   I believe we were wanting the language to read more along the lines of  “…or its failure to respond to Provider inquiries within the time frame required by Provider’s Terms of Service (not to exceed (15) days) …”

thanks

Sara

sara bockey

policy manager | GoDaddy™

[email-masked]<mailto:[email-masked]>  480-366-3616

skype: sbockey

This email message and any attachments hereto is intended for use only by the addressee(s) named herein and may contain confidential information. If you have received this email in error, please immediately notify the sender and permanently delete the original and any copy of this message and its attachments.

From: <[email-masked]<mailto:[email-masked]>> on behalf of Amy Bivins <[email-masked]<mailto:[email-masked]>>
Reply-To: "[email-masked]<mailto:[email-masked]>" <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, August 23, 2017 at 7:00 AM
To: "[email-masked]<mailto:[email-masked]>" <[email-masked]<mailto:[email-masked]>>
Subject: [Gdd-gnso-ppsai-impl] Notes, Action Items from 22 August PP IRT Call [PLEASE complete poll]

Hello, All,

Thanks so much for your active participation on yesterday’s Privacy/Proxy IRT call. For those of you would could not attend, I encourage you to please listen to the recording, available on the wiki, https://community.icann.org/display/IRT/22+August+2017.

Several action items resulted from this meeting:

*       IRT: Please complete this linked poll regarding the proposed edit to the LEA framework, specification 4 of the draft PPAA, https://www.surveymonkey.com/r/2F5BGBG, no later than next Monday, 28 August. Please read the background before the first question carefully.

   *    The IRT discussion on this topic yesterday continued to demonstrate a division among the group regarding this proposed edit. The results of this poll will not be counted as a vote but are intended to ensure that we have a complete record and understanding of all IRT participants’ opinions on this topic. This is important. Please participate. There are only two substantive questions.

*       IRT: Please provide any additional feedback no later than Monday, 28 August, on the “record-keeping” topic, issue 24 on the issues list.
*       IRT: Please provide any additional feedback you have no later than Monday, 28 August, on the IP framework (issue 20 on the issues list), particularly the issue raised on the call, regarding the proposed addition of language from the framework’s introduction in the Final Report.
*       IRT: Please provide any additional feedback you have no later than Monday, 28 August, on the “business dealings” section of the PPAA draft (issue 25 on the issues list).
*       ICANN will review the “business dealings” section of the PPAA draft, per IRT feedback, to ensure that the language (when read in consultation with the rest of the contract) will not result in duplicative notice requirements (ie, customers should receive one notice (e.g. data accuracy notices), either from the provider or registrar—not both).

Finally, you will notice that we are moving fairly quickly to the end of the issues list (albeit with many action items to follow up on). Please send any additional points related to the PPAA draft that you would like to discuss to the list. Once we reach the end of the issues list, if we have no further suggestions from you, we will move on to other topics.

For next week’s call, we are planning to discuss data escrow and RDDS labeling. I will confirm this by Monday morning Eastern Time at the latest (we are currently working to finalize an updated draft specification for your review).

Best,

Amy

Amy E. Bivins

Registrar Services and Engagement Senior 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: [email-masked]<mailto:[email-masked]>

www.icann.org<http://www.icann.org>