Dear RDA Scoping Team Members,

Please find below the action items and notes from the recent call held on Thursday, 25 August 2022.

Best,

Marika, Berry, and Chantelle

---------

Action Items

1. Staff support team to produce final clean version.
2. Scoping Team members to indicate if they are planning to submit a statement for inclusion in the annex.
3. Deadline for submitting statements.
4. Submission of write up for assignments #1 and #2 to the GNSO Council.
5. Scoping Team to meet during ICANN75 sessions unless GNSO Council objects to proceeding until such time when Council has had an opportunity to review the write up and recommendations.

Notes

1. Welcome & Chair Updates
2. Review proposed alternative text for recommendation #3 (see page 16 -https://docs.google.com/document/d/1cV5ExSZD6G-owksGmMEmig0OXVdGcAUU/edit?pli=1

1. Scoping Team input

• Gap Analysis to be left as-is, with certain comments still included as red-line suggestions from the constituencies. 
• Intellectual Property Constituency (IPC) wanted their comments to remain, and stated it made a difference on how recommendation 3 is considered. 
• Marika Konings: Alternative Recommendation 3 proposal was drafted by leadership and staff to highlight areas where the groups agree, and remove areas that caused confusion. 
• In Recommendation 3, the first paragraph recognizes there are external dependencies that will impact the group’s work, such as proposals that require access to registration data. 
• The reference to pause this work was specific to registration data, which should now be clearer with the most recent revisions.
• There is a sense of urgency that the GNSO Council could convey to ICANN org to ensure regular updates on the DPA and DPIA were provided.  
• Specific scenarios, such as a subset of registration data obtained through monthly Domain Abuse Activity Reporting (DAAR) reports, need to be tested with the European Data Protection Board (EDPB). 
• Michael Palage (Chair) sees a clear path on how to wrap-up Recommendation 3.
• Alan Greenberg (ALAC): Two important considerations are regular updates to the EDPB in conjunction with the European Community:
• This is a group which is scoping things that might lead to policy. Concerns of a dangerous situation if outreach is done purely by staff without any input from the multistakeholder community. Potentially asking a question and getting an answer that isn’t particularly relevant to this team’s work. Community needs to be involved to ensure the scenarios and questions needing to be asked are being addressed. 
• Need to see results of consultation with the EDPB. If the answer is yes and it is fine to access data, then this would impact the analysis. 
• Brian Gutterman (ICANN org): Appreciates ALAC’s comments about continuing the collaboration on the scenario work. ICANN org reiterates that it will work in good faith and collaborate. While ICANN org will hold the pen, they will continue to listen and allow the community to provide input before the DPIA is formally submitted to the DPA.
• The report should include language to articulate that ICANN org will interact with the community.
• RySG appreciates ICANN org’s explanation and acknowledges that this is ultimately an ICANN org task. Noted the work the RDA Scoping Team had previously done to draft the scenarios. 
• Team supports removing the DAAR reference: “those identified by ICANN org through monthly DAAR reports as associated with security threat activity." 
• Removal of this language will provide the team with more flexibility. 
• IPC wants to keep language referencing DPA and DPIA language to ensure consistent messaging as to what has been discussed in the past year.
• Alan Greenberg (ALAC): Agree it is an ICANN org task, but it is really important that whatever they do meshes well with what we may propose to the GNSO Council.
• Agreement that while DPA and DPIA are out of scope for this team, the assessments will most likely influence the work this group proposes.
• Agreement to finish edits on recommendation 3. 
  
  

b. Confirm final text

• Support staff will work with ICANN org to produce a clean version of the report that will be available on Friday, 26 August. 
• GNSO Council to communicate to ICANN org to proceed.

3. Confirm timeline for submission to GNSO Council:

1. Staff support team to produce final clean version - Friday 26 August
2. Scoping Team members to indicate if they are planning to submit a statement for inclusion in the annex - Monday 29 August
3. Deadline for submitting statements – Thursday 1 September
4. Submission of write up for assignments #1 and #2 to the GNSO Council – Friday 2 September

• Scoping Team approved timeline as follows:
• ICANN org to provide a clean report on Friday, 26 Aug
• Any community statements should be submitted on the list by no later than Thursday, 1 Sept.
• As Chair, Michael will submit the report on Friday, 2 Sept.

• After the report is submitted to Council, Michael Palage will step down from his role as chair.
• Olga Cavalli’s term within the GNSO Council is concluding at ICANN75, and she will transition to ccNSO. Additional leadership will be needed.

4. Confirm next steps

1. As part of submission to GNSO Council, Chair to indicate that Scoping Team has a meeting scheduled at ICANN75 to informally continue work on registrar survey & registrar audit, with the understanding that this further work will need to be confirmed by the GNSO Council following its review of the write up for assignments #1 and #2.
2. Scoping Team meeting at ICANN75 scheduled for Saturday 17 September from 9.00 – 10.00 local time (1.00 – 2.00 UTC)
3. Subsequent meetings will be dependent on Council review of Write Up for Assignments #1 and #2 as well as search for a new Chair.

• Weekly calls are suspended until further notice. 
• The mailing list will remain open during the interim. 
• GNSO Council guidance is needed on next steps for the team.
• If the GNSO Council confirms the Scoping Team’s work after its review of the report, the ICANN75 meeting is scheduled to proceed to discuss registrar survey and registrar audit. 
• Michael will indicate in his message to the GNSO Council that further statements may be forthcoming between now and Thursday, 1 Sept.