November 2018 - Gnso-epdp-team

Proposed approach for reviewing and finalizing the Initial Report - please take note of first deadline for Monday 5 November
by Marika Konings Nov. 2, 2018

Nov. 2, 2018

Dear All, Per our discussion today, please find hereby the proposed approach for reviewing and finalizing the Initial Report. Attached you will find the version of the Initial Report that was presented during the meeting earlier today. Line numbers have been included to facilitate referencing / identifying sections. Please take specific note of the first deadline for Monday 5 November to flag responses to charter questions and/or preliminary recommendations that need to be considered (apart from those that have already been identified). When What By whom Why Monday 5 November Team to flag responses to charter questions and/or preliminary recommendations that need to be considered and why, identifying concerns/issues to be further discussed (as a reminder, all items highlighted in blue will be further considered / reviewed and so need not be raised). This is intended to capture sections requiring additional discussion - specific edits not needed at this point, just a general description of the discussion or re-litigation that is recommended. EPDP Team members To allow leadership team & staff plan meeting schedule and topics to be addressed in upcoming meetings. Tuesday 6 November Put forward list of outstanding issues & call schedule to address outstanding issues Leadership Team / Support Team Plan remaining meetings as well potential additional ones to address issues identified Wednesday 9 November (at the latest) Submit specific substantive comments / edits on the mailing list by: · Identifying the line number and issue of concern · Put forward proposed changes (factoring in the view points of others and discussions held until date – no reopening of previously agreed upon items) · Outline the rationale for proposed change(s) Submit these by using this google doc: https://docs.google.com/document/d/1SoNTnvvadNQ8nX_-OxN4mtsd-gfLNxT54GXSXyG… EPDP Team Groups (SG/C/ACs – not individual comments) Capture and create inventory of specific comments to be reviewed and addressed by the EPDP Team. Thursday 10 November Share list of comments that need further review / discussion. Schedule additional calls as needed to review and discuss substantive comments submitted. Leadership team / Support Team Develop systematic way for reviewing input provided with the objective of finalizing the Initial Report for publication Friday 16 November Publish proposed final version of Initial Report for EPDP Team review. Minor updates (grammatical issues or other) can be flagged off-list to staff for fixing prior to publication. Support Team Allow for ‘final’ review to identify minor issues that should be fixed prior to publication. Monday 19 November Publish Initial Report for public comment Support Team We appreciate that meeting these deadlines will require substantial work from all involved – we hope we can count on your support. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

2 1

Notes and action items from today's EPDP Team meeting - 1 November 2018
by Caitlin Tubergen Nov. 1, 2018

Nov. 1, 2018

Dear EPDP Team, Please find below the notes and action items from today’s EPDP Team meeting. Best regards, Marika, Berry and Caitlin EPDP Team Meeting #22 Thursday, 1 November 2018 High-level Notes/Action Items Action Item #1: Further to today’s discussion, ICANN Support Staff will update the Purpose A workbook to include a reference regarding transparency of collection to the Registrant/Data Subject for purpose of escrow. ICANN Support Staff will also make notation/reference under E-PA1, which is collection of registration data for the purpose of escrow. Action Item #2: Berry to summarize his issue summary of today’s Purpose E analysis via email to the list. Action Item #3: ICANN Support Staff to draft a recommendation for Purpose E for the EPDP Team’s review regarding noting the jurisdictional impact to gaining registrar/ebero designation. Action Item #4: EPDP Leadership Team to publish a methodology for the EPDP Team to review and comment on the Initial Report in a consistent manner. These high-level notes are designed to help the EPDP Team navigate through the content of the call and are not meant as a substitute for the transcript and/or recording. The MP3, transcript, and chat are provided separately and are posted on the wiki at: https://community.icann.org/x/2IpHBQ. 1. Roll Call & SOI Updates (5 minutes) Attendance will be taken from Adobe Connect Please remember to mute your microphones when not speaking, and state your name before speaking for transcription purposes. Please remember to review your SOIs on a regular basis and update as needed. Updates are required to be shared with the EPDP Team. 2. Welcome and Updates from EPDP Team Chair (5 minutes) a) Reminder to complete F2F Doodle Poll b) Review of outstanding action items c) Other updates, if applicable Please flag any items that need further consideration by the EPDP Team by Friday, 2 November. Please be judicious with any edits to the Initial report, as some of the language is a result of previous debate and compromise from the EPDP Team. Should the Team consider supplemental comment periods? In following the GNSO Guidelines for EPDPs, there is no requirement for a supplemental public comment period. The draft timeline covers required steps; however, the Team may consider if additional public comment periods are necessary or desired after reviewing the public comments. Re: optional provision of recommendations to GAC, this should be required, and the EPDP Team should ask for GAC comments before Board consideration. Response: optional only references public forum discussion as optional. The report will be provided to the GAC for review. 3. Purpose E Data Elements Workbooks (Escrow) Objective of discussion: 1. Confirm Collection Processing Activity 2. Confirm data elements 3. Review Purpose E Data Elements Workbook (see https://community.icann.org/display/EOTSFGRD/e.+Data+Elements+Workbooks?pre… and https://community.icann.org/display/EOTSFGRD/e.+Data+Elements+Workbooks?pre…) a) Confirm content of purpose E Data Elements Workbook b) Confirm next steps, if any EPDP Team Discussion: Background: During the LA F2F, the small team only focused on registrar escrow. In Barcelona, Marc A. provided feedback for registry escrow, and Berry incorporated the edits into the new Purpose E template. Ultimate objective: Rys/Rrs processing of registration data for escrow is compliant with GDPR. Appendix B in the Temp Spec deals specifically with escrow. There does not seem to be any disagreement in the Team that escrow is not a legitimate purpose; however, the escrow agreements should be refreshed to take into account GDPR. The data elements workbook includes a recommendation for ICANN, escrow agents and contracted parties to enter into data processing agreements. The Registry Purpose E was modeled after the registrar purpose E. There is a departure from the other workbooks in page 2 for the lawfulness of processing. For processing activity 1, registry data escrow is a downstream processing activity, and no data elements are collected for the purpose of escrow, so the processing activity of collection is likely taking place under a different purpose, e.g., purpose A or C. Question for the Team: for EBERO, are there data elements needed that are not currently identified within Purpose E? For collection under escrow, there should be an acknowledgement of collection for this purpose, so the purpose does not need to change later. Note: Staff can make a reference back to Purpose A (reflecting registrant rights) regarding transparency to the Registrant/Data Subject. And we can make notation/reference here under E-PA1. Action: Berry to summarize Purpose E analysis via email to the list. A jurisdiction for a registrar in the event of a failing registrar could present issues, i.e., if terminating registrar is in Europe, and the gaining registrar is in North America, this may cause an issue. Action: support staff to draft recommendation for EPDP Team's review re: jurisdictional impact for registrar/ebero transition. EPDP Team to review the graphics in the workbooks to confirm this is an accurate representation. The lawful basis for escrow should be 6(1)(b) - could this be added to the workbook? A note will be added to the Initial Report that some members of the EPDP Team believe processing under Purpose E is lawful under 6(1)(b). Contracted parties are comfortable processing data for the purposes of escrow under 6(1)(f). If the team is focusing on baseline activities, 6(1)(f) probably makes the most sense. Does this workbook refer to collection by registrar or receiving the data by the registry? Answer: this processing refers to collection from the registrar. The intent is that the collection occurs at the registrar from the registrant, and subsequently is transferred from the registrar to the registry. 4. Draft Initial Report a) Overview of Initial Report template b) Open issues and explanation of highlighted items c) Approach for EPDP Team edits to Initial Report The draft initial report can be downloaded here: https://community.icann.org/display/EOTSFGRD/2018-11-01+EPDP+Team+call+%2322. Chapter 3 of the Initial Report was circulated to the group following the LA meeting; however, this has been updated since the Team last saw it to reflect discussion through ICANN63. Chapter 2 contains requirements to educate the reader on how the Team deliberated on the contents of Chapter 3, i.e., overview of the team’s methodology - discussion summary indexes, data elements workbooks, F2F meetings, small teams, etc. Chapter 3 aims to capture all of the deliberation on the charter questions up through ICANN63. There is highlighting and color-coding to emphasize outstanding issues. Items highlighted in yellow are flags for staff to populate supporting documentation (such as completed data elements workbooks, once reviewed by the EPDP Team). Items highlighted in blue reflect documents still under discussion, e.g., Small Team 1 and 2 language that is not yet finalized. Blue highlights also denote areas where ICANN Support Staff has suggested language for the Team to review. Staff-suggested language appears in brackets. Items highlighted in red have not been discussed in detail, and it would be helpful if EPDP Team members volunteer to provide draft responses to red items. Annex B includes the EPDP Membership and attendance records. Annex C captures the community input the Team received as a result of early input. For each section, there will be questions the team will ask the community for input on in an effort to get targeted feedback. While it is not complete, it will be helpful for the Team to review and focus on the highlighted items as it reviews the draft initial report. >From a staff support perspective, the initial homework would be for the Team to mark items in blue, i.e., what items that are not currently flagged should be flagged for further review/discussion? Any clarifications or minor copy edits can be sent to support staff off-list; however, there please be mindful of the delicate balance b/w clarifying language and changing the substance of the recommendation. Leadership Team will brainstorm how to best organize and allow for EPDP Team feedback to the initial report. 5. Wrap and confirm next meeting to be scheduled for Tuesday, 6 November at 1400 UTC. a) Confirm action items b) Confirm questions for ICANN Org, if any

2 3

Fwd: IPC Comments and redlined documents
by Alex Deacon Nov. 1, 2018

Nov. 1, 2018

Hi Diane. I just realized this email you sent on Friday went to the wrong address so didn't make it to the full epdp list. Can you resend it to gnso-epdp-team(a)icann.org (an not gnso-epdp-team-bounces(a)icann.org) ? Thanks. Alex ---------- Forwarded message --------- From: Plaut, Diane <Diane.Plaut(a)corsearch.com> Date: Tue, Oct 30, 2018 at 5:57 PM Subject: IPC Comments and redlined documents To: Marika Konings <marika.konings(a)icann.org>, Gnso-epdp-team < gnso-epdp-team-bounces(a)icann.org> Cc: Alex Deacon <alex(a)colevalleyconsulting.com>, Brian King < brian.king(a)markmonitor.com> Hi Marika- Attached please find the IPC’s input on the action items due yesterday. We apologize for the delay, we have all been working very hard on this output post the ICANN meeting and needed to circulate and get input from our constituents. *Action Item #2 -- Small Team #1 Legal vs. Natural * It is the IPC's position that it is important and feasible for contracted parties to differentiate between legal and natural persons. We believe that this distinction is supported and encouraged by the construct of the GDPR and that is valuable for all parties in the practical application of the law as it relates to WHOIS and the DNS framework and ecosystem. The IPC submits the attached redline with further output and clarification for consideration by the team. *Action Item #3 - Small Team #2 Geographic Distinction* See attached redline for consideration. *Action Item #5 - Processing Activities and Responsible Parties* The IPC requests additional time to review this document. Any comments we may have will be included in our comments to the Purpose Workbooks due November 5th. Sincerely, Diane, Alex and Brian *Diane Plaut* General Counsel and Privacy Officer [image: cid:image001.png@01D3CA70.18FC1D40] Direct +1 646-899-2806 diane.plaut(a)corsearch.com 220 West 42nd Street, 11th Floor, New York, NY 10036, United States www.corsearch.com Join Corsearch on Twitter <https://twitter.com/corsearch> Linkedin <https://www.linkedin.com/company/2593860/> Trademarks + Brands <http://trademarksandbrands.corsearch.com/> Customer Service/Platform Support: 1 800 SEARCH1™ (1 800 732 7241) Corsearch.USCustomerService(a)corsearch.com *Confidentiality Notice:* This email and its attachments (if any) contain confidential information of the sender. The information is intended only for the use by the direct addressees of the original sender of this email. If you are not an intended recipient of the original sender (or responsible for delivering the message to such person), you are hereby notified that any review, disclosure, copying, distribution or the taking of any action in reliance of the contents of and attachments to this email is strictly prohibited. If you have received this email in error, please immediately notify the sender at the address shown herein and permanently delete any copies of this email (digital or paper) in your possession. -- ___________ *Alex Deacon* Cole Valley Consulting alex(a)colevalleyconsulting.com +1.415.488.6009

2 1

Recordings, Attendance & AC chat / GNSO Temp Spec gTLD RD EPDP / Thursday, 01 November 2018
by Julie Bisland Nov. 1, 2018

Nov. 1, 2018

Dear all, Please find the attendance and AC chat attached to this email, and the MP3 and AC recording below from the GNSO Temp Spec gTLD RD EPDP call held on Thursday, 01 November 2018 at 13:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/pg68BQ MP3: https://audio.icann.org/gnso/gnso-epdp-gtld-registration-data-specs-01nov18… AC Recording: https://participate.icann.org/p9nqid6q6w4/<https://participate.icann.org/p9nqid6q6w4/?OWASP_CSRFTOKEN=847b74aafca1ee2e…> ** Please let me know if your name has been left off the list ** Mailing list archives of the GNSO Temp Spec gTLD RD EPDP : https://mm.icann.org/pipermail/gnso-epdp-team/ Main wiki page for the working group: https://community.icann.org/x/IYEpBQ Thank you. Kind Regards, Julie Bisland

1 0

Meeting Invitation: Alternates & Observers / GNSO Temp Spec gTLD RD EPDP call / Tuesday, 06 November 2018 at 14:00 UTC
by Julie Bisland Nov. 1, 2018

Nov. 1, 2018

Dear all, Non-members can follow the EPDP call taking place on Tuesdays and Thursdays at 14:00 UTC via the audio cast or view only Adobe Connect room. As requested and discussed on Tuesday's (14 August 2018) meeting, please note that an additional Adobe Connect room has been created for use by interested alternates and observers to be able to view-only the main EPDP Team Adobe Connect room. The view-only room will also broadcast the audio of the EPDP Team AC room, however, those in the view-only room will not be heard. Note that the audio cast stream will also remain available for now for those that prefer to use that option to listen live to the EPDP Team meeting. View-Only Adobe Connect room for alternates and observers: https://participate.icann.org/gnso-epdp-observers Meeting Audio Cast (for alternates and observers) To join the event, click on the link: Listen in browser: http://stream.icann.org:8000/stream01 [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Listen in application such as iTunes: http://stream.icann.org:8000/stream01.m3u [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Agenda wiki page: https://community.icann.org/x/qA68BQ Thank you. Kind Regards, Julie

1 0

Re: [Gnso-epdp-team] Please review - action items and outstanding items
by Marika Konings Nov. 1, 2018

Nov. 1, 2018

Dear All, Please note an updated link for action item #3 as on the original link the redlines were not visible. Do also note that this version now includes the additional changes that Kristina referred to during the meeting. See https://drive.google.com/a/icann.org/file/d/1tamJeyaq4nC8HHQelSeln_BB8fnVlz…. Best regards, Caitlin, Berry and Marika From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Marika Konings <marika.konings(a)icann.org> Date: Thursday, October 25, 2018 at 1:29 PM To: EPDP <gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Please review - action items and outstanding items Dear EPDP Team, Following this week’s EPDP Team meetings, please find below and attached the outstanding action items and related deadlines, outstanding charter questions (not yet discussed) and punch list of items in relation to the data elements workbooks. Please take note that Staff’s provision of an updated and comprehensive data matrix and updated Initial Report draft is dependent on timely delivery of input on the below items. If you believe anything is missing from the list below, please let us know. Thank you for all your support - safe travels home! Caitlin, Berry and Marika =================== EPDP Team Action items ICANN63 Action item #1 – CPH to confirm whether or not purpose A strikethrough language can be removed by Thursday 25 October. (COMPLETED – deletion of strikethrough language confirmed) Action item #2 - Each group (SG/C/AC) to express the group's views and/or proposed edits on small team #1 responses to charter questions and preliminary recommendations with the mailing list by Monday 29 October. (see https://docs.google.com/document/d/1U6POLQhFNGu1Bo1k0rCluiaVZ27-OKIPpU8K8N1…) Action item #3 - Each group (SG/C/AC) to express the group's views and/or proposed edits on the revised responses of the small team #2 charter question responses with the mailing list by Monday 29 October. (see https://drive.google.com/a/icann.org/file/d/1tamJeyaq4nC8HHQelSeln_BB8fnVlz…) Action item #4 – Each group (SG/C/AC) to review latest versions of data elements workbooks and flag any issues that need to be reviewed prior to publication of Initial Report by Friday 2 November. (see https://community.icann.org/x/5AC8BQ) Action item #5 – Each group (SG/C/AC) to review the responsible parties overview for all purposes and identify which designations need to be further considered by Monday 29 October. (see https://docs.google.com/document/d/1-rdfchOwpANFVKOtnM_9bPp-zT4JAvTN8dJqebd…) Note: Staff’s provision of an updated and comprehensive data matrix and updated Initial Report draft is dependent on timely delivery of the above feedback. Outstanding Charter Questions (not discussed yet or addressed through ongoing work) q) Sun-setting WHOIS Contractual Requirements q1) After migration to RDAP, when can requirements in the Contracts to use WHOIS protocol be eliminated? q2) If EPDP Team’s decision includes a replacement directory access protocol, such as RDAP, when can requirements in the Contracts to use WHOIS protocol be eliminated? b) Collection of registration data by registrar: b3) How shall legitimacy of collecting data be defined (at least for personal data collected from European registrants and others in jurisdictions with data protection law)? k) ICANN's responsibilities in processing data k2) In addition to any specific duties ICANN may have as data controller, what other obligations should be noted by this EPDP Team, including any duties to registrants that are unique and specific to ICANN’s role as the administrator of policies and contracts governing gTLD domain names? l) Registrar's responsibilities in processing data l4) What are the registrar's responsibilities to the data subject with respect to data processing activities that are under ICANN’s control? m) Registry's responsibilities in processing data m4) What are the registry's responsibilities to the data subject based on the above? Outstanding items in data elements workbooks Purpose B Punch List: * Confirm staff-suggested responses for Purpose Rationale questions * Confirm data elements (note: Purpose B data elements are dependent on the completion of all other workbooks, as Purpose B only references data already collected) Purpose C Punch List: * Confirm staff-suggested response for Purpose Rationale questions * Confirm staff-suggested note re: definition of optional (footnote 2 in workbook) * Confirm data elements Purpose E (Registrar Data Escrow) Punch List: * Confirm Collection Processing Activity (Purpose does not necessarily require collection) * Confirm data elements Purpose F Punch List: * Confirm staff-suggested response for Purpose Rationale questions * Confirm data elements Purpose M Punch List: * Determine inclusion/exclusion of RDDRP, PDDRP, and PICDRP RPMs within the purpose statement (adjust PAs if excluded) * Confirm staff-suggested responses for Purpose Rationale questions * Confirm Processing Activities structure, especially Disclosure and Retention * Confirm Data Elements Purpose N Punch List: * Determine if Purpose Statement is an ICANN Purpose (note Collection PA indicates ICANN as a Joint Controller) * Confirm Processing Activities structure, especially Disclosure and Retention * Confirm Data Element (Other Data) Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

3 2