March 2019 - Gnso-epdp-team

Re: [Gnso-epdp-team] Bridging Mechanism Proposal
by Elizabeth Bacon March 12, 2019

March 12, 2019

Hello Team, In Sunday's session, ICANN noted that they feel they need a temporary policy to bridge between the expiration of the Temporary Specification and the completion of the EPDP Consensus Policy. There was some consensus in the room that the Team had anticipated this and provided that mechanism via Recommendation 28. In addition, the idea of what a 'temporary policy' might be raised several questions and concerns. In an effort to not recreate the wheel or implement an overly heavy solution, we proposed to Dennis that a formal notice/advisory from ICANN Compliance to Contracted Parties to operationalize the language we previously agreed for Recommendation 28 would be sufficient and appropriate. The language is below for your review. I look forward to your thoughts before I share with Dennis. Thanks, Beth The effective date of the gTLD Registration Data Policy shall be [February 29, 2020]. All gTLD Registry Operators and ICANN-accredited registrars will be required to comply with the gTLD Registration Data Policy as of that date. Until such date [February 29, 2020], ICANN Compliance directs Contracted Parties that registries and registrars are required EITHER to comply with the recommendations contained in the Final Report OR continue to implement measures consistent with the Temporary Specification (as adopted by the ICANN Board on 17 May 2018, and expired on 25 May 2019). Registries and registrars who continue to implement measures compliant with the expired Temporary Specification will not be subject to Compliance penalty specifically related to those measures until February 29, 2020. Failure to respond within 30 days of this notice shall be considered acceptance of the terms herein will be considered acceptance. Elizabeth Bacon Senior Director, Policy and Privacy Public Interest Registry Direct: +1 703-956-3962 | Mobile: +1 571-352-5029| Find us on www.pir.org<http://www.pir.org/> | Facebook<http://www.facebook.com/pir.org> | Twitter<http://twitter.com/PIRegistry> | Instagram<http://instagram.com/piregistry> | Celebrating 15 years of operating the .org domain

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Notes and slides from EPDP Team meeting (Saturday 9 March 2019)
by Marika Konings March 11, 2019

March 11, 2019

Dear All, Please find attached the notes, action items and updated slides from Saturday’s EPDP Session. 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…>.

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Re: [Gnso-epdp-team] Slides for engagement session with TSG
by Marika Konings March 10, 2019

March 10, 2019

Please use the attached version instead. 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: Sunday, March 10, 2019 at 11:50 To: "gnso-epdp-team(a)icann.org" <gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Slides for engagement session with TSG Dear EPDP Team, In advance of this afternoon’s engagement session with the TSG, please find attached the slide deck that the TSG will be presenting. 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…>.

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Slides for engagement session with TSG
by Marika Konings March 10, 2019

March 10, 2019

Dear EPDP Team, In advance of this afternoon’s engagement session with the TSG, please find attached the slide deck that the TSG will be presenting. 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…>.

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New legal memos posted
by Caitlin Tubergen March 10, 2019

March 10, 2019

Dear EPDP Team: Please take note that the legal memos for territorial scope and thick WHOIS are now posted on the EPDP Team wiki space: https://community.icann.org/x/6YMWBg. Thank you. Best regards, Marika, Berry, and Caitlin

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Stepping down - EPDP
by Emily Taylor March 9, 2019

March 9, 2019

Dear friends Please accept my resignation from the EPDP team with immediate effect. I hope you will understand the personal and professional reasons behind this. I believe that James mentioned at Saturday's face to face meeting some of the reasons behind my decision. Following the completion of Phase I and prior to the substantive Phase 2 work kicking off, I believe that stepping down from the EPDP at this point will minimise disruption and inconvenience to the rest of the group. I have great admiration and affection for everyone on the EPDP team, and would like particularly to thank Kurt and the ICANN staff for your incredible dedication and focus during Phase I. Without your support and drive, we would be nowhere, and you can be proud of what you have contributed to the ICANN Community - a rigorous review of the legal basis for processing gTLD registration data throughout the lifecycle of a domain registration. The Phase I report should create a strong foundation for further community work. Several factors make me hesitant to continue with the EPDP into Phase 2: - The work rate has been exhausting in Phase 1 and that was supposed to be the easy bit of confirming the Temporary Specification! - Phase 2 has a long list of difficult issues which will require skilful negotiation and compromise all round. - The loss of Kurt as a chair creates a lot of uncertainty. He was very effective at getting the work done and created a cooperative, collegial atmosphere under challenging circumstances. - I feel a lot of pride in what this team has been able to do in a short time, and the careful work that was done to achieve high levels of consensus on the purposes, recommendations and other language. While I recognise the right of constituencies to vote whatever way they want in GNSO Council, the decision of some constituencies to vote against report, despite being intimately involved in its creation, has the effect of undermining confidence in the entire process. Personally, this was the tipping point which led me to question the value of devoting further volunteer time to try and create consensus policy which might then be rejected or undermined elsewhere in the ICANN Org or outside it. - I work for a very small registrar. We are in the start up phase with lots going on on the tech and business development side that needs my full attention. My fellow business owners and I believe that my time would be better spent directly on our business needs rather than the global 'greater good'! I have genuinely mixed feelings about this decision, because the work is important and challenging. The next phase will require a lot of creative thinking, and I would love to contribute. I would also like to recognise and thank my Registrar colleagues who have slogged through the first stage - James, Matt, Volker, Sarah, Theo and Lindsay. The alternates have been following every meeting, contributing ideas and chat throughout and deserve recognition for their sacrifice. I would also like to say thanks to Registry colleagues, all EPDP members and alternates, RrSG Excom and Zoe Bonython. I've been privileged to work so closely with you all. The friendships and trust that these processes create, across constituencies and stakeholder groups, are long lasting, and for me this is the most cherished aspect of the ICANN environment. Best wishes for successful meetings this week in Kobe, and for Phase 2 of the EPDP work. Emily -- Emily Taylor CEO, Oxford Information Labs *MA (Cantab), Solicitor (non-practising), MBA, * *A**ssociate Fellow, Chatham House; Editor, Journal of Cyber Policy* Lincoln House, Pony Road, Oxford OX4 2RD | T: 01865 582885 E: emily.taylor(a)oxil.co.uk | D: 01865 582811 | M: +44 7540 049322 <http://explore.tandfonline.com/cfp/pgas/rcyb-cfp-2017> <http://explore.tandfonline.com/cfp/pgas/rcyb-cfp-2017> Registered office: Lincoln House, 4 Pony Road, Oxford OX4 2RD. Registered in England and Wales No. 4520925. VAT No. 799526263 .

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RySG Phase 2 Opening Statement
by Elizabeth Bacon March 9, 2019

March 9, 2019

Hello, Per Rafik's request, please find the RySG's opening statement below. We look forward to the work of Phase 2 with this dedicated team. Thanks, Beth "The Registries Stakeholder Group is committed to participating actively and in good faith to develop appropriate consensus policy recommendations around access to non-public registration data per our charter and to ensuring such recommendations provide a clear path to compliance with the GDPR, are commercially reasonable and implementable, take into account our differing business models, and do not inhibit innovation. We agree that developing a responsible and reasonable timeline and milestones are important to ensuring a comprehensive approach to the important work of Phase 2, however we note that this is something we will need to discuss within our stakeholder group to ensure proper resourcing is available." Elizabeth Bacon Senior Director, Policy and Privacy Public Interest Registry Direct: +1 703-956-3962 | Mobile: +1 571-352-5029| Find us on www.pir.org<http://www.pir.org/> | Facebook<http://www.facebook.com/pir.org> | Twitter<http://twitter.com/PIRegistry> | Instagram<http://instagram.com/piregistry> | Celebrating 15 years of operating the .org domain

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Lessons Learned
by Kurt Pritz March 8, 2019

March 8, 2019

Hi Everyone: I have been invited to attend a brief portion of the GNSO Council meeting on Sunday and understand I will be asked to describe some lessons learned regarding the experiences we shared during the past seven months. While I don’t think that is sufficient time to adequately prepare for a meaningful response, I also don’t think it would be appropriate for me to share my thoughts without checking with you. I have briefly opined on these topics: The value of face-to-face meetings CBI participation Having an Adobe Connect room for observers The use of Small Teams Consensus Assessment Independent Legal Advice I have created a survey at: https://www.surveymonkey.com/r/L7ZDN5R Please let me know where you agree and where you do not for those issues you care about. If you wish to discuss a different topic, I have an open ended question at the end and will attempt to include that in my brief discussion with the Council. This is meant to be an extremely lightweight exercise (5-10 mins) and not an in-depth study – you will be given your own chance to contribute to a Team version of lessons learned at the conclusion of your work, but it would be great if you could help me out. My interview with the GNSO Council is Sunday at 11:45AM so I need your input prior to that – by 8AM Sunday morning would be great. Best regards, Kurt

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Slides for Tomorrow meeting
by Rafik Dammak March 8, 2019

March 8, 2019

Dear EPDP team, Please find attached the slides for tomorrow’s EPDP meeting. Please take particular note of the ‘Tour de Table’ item in which a representative of each group is expected to share the group’s commitments, objectives and expectations for phase 2 as well as the questions for the brainstorming exercise so you can already put some thought into it. We are looking forward to seeing you all tomorrow at 11.00 in Ohwada C. Best Regards, Rafik Dammak

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GNSO Council approved EPDP Final Report & Recommendations
by Rafik Dammak March 5, 2019

March 5, 2019

Dear EPDP team, I am happy to share that GNSO Council just approved our final report and recommendations. Thanks again for the work done. Please find the motion below. Best Regards, Rafik *Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Final Report and Recommendations* Submitted by Rafik Dammak Seconded by Keith Drazek WHEREAS 1. On 17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of temporary policies. 2. Following the adoption of the Temporary Specification, and per the procedure for Temporary Policies as outlined in the Registry Agreement and Registrar Accreditation Agreement, a Consensus Policy development process as set forth in ICANN's Bylaws needs to be initiated immediately and completed within a one-year time period from the implementation effective date (25 May 2018) of the Temporary Specification. 3. The GNSO Council has had a number of discussions about next steps to clarify issues around scope, timing and expectations, including a meeting between the GNSO Stakeholder Group and Constituency Chairs on 21 May 2018 , the Council meeting on 24 May 2018, a meeting between the ICANN Board and the GNSO Council on 5 June 2018 and an extraordinary GNSO Council meeting on 12 June 2018. 4. Subsequently, the GNSO Council agreed to form a drafting team, consisting of Council leadership and interested Council members, to develop the EPDP Initiation Request and EPDP Team Charter. The drafting team submitted the proposed EPDP Initiation Request and EPDP Team Charter to the GNSO Council on 19 July 2018. 5. The GNSO Council approved the EPDP Initiation Request [ https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec… ) and the EPDP Team Charter ( https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec… ) on 19 July 2018; 6. The EPDP Team was formed and held its first meeting on 1 August 2018, followed by the publication of the Charter-required “Triage” Report on 15 September 2018, and its Initial Report on 21 November; 7.In its deliberations, the EPDP Team developed a recommendation for the transition between the lapse of the Temporary Specification and the completion of implementation work on the Policy Recommendations now submitted for approval. 8. Due to the unique circumstances concerning the deadline for implementation, and in order to minimize the transition period, the EPDP Leadership and Team informally recommends that discussion around implementation deliverables be initiated immediately. This preliminary work will inform the deliberations of the formal Implementation Recommendation Team upon Board approval of the Policy Recommendations. 9. The EPDP has followed the prescribed EPDP steps as stated in the Bylaws, including the publication of an Initial Report on 21 November (see https://www.icann.org/public-comments/epdp-gtld-registration-data-specs-ini… ) and resulting in a Final Report delivered on 20 February 2019; 10.The EPDP Team has reached full consensus / consensus on the recommendations contained in the Final Report, apart from two recommendations (#2 and #16); 11. The GNSO Council has reviewed and discussed these recommendations. RESOLVED 1. The GNSO Council recommends to the ICANN Board of Directors the adoption of EPDP on the Temporary Specification for gTLD Registration Data policy recommendations as detailed in section 5 of the Final Report ( https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-gtld… ); 2. Noting the unique circumstances and external deadlines associated with the Temporary Specification and the work of this EPDP, the GNSO Council supports the EPDP Team’s recommendation to informally convene the Implementation Review Team now to allow additional time for the necessary planning to take place before ICANN Board consideration of this Final Report. The IRT would be formally convened upon Board approval. As such, the GNSO Council directs ICANN Org to informally convene the Implementation Review team as soon as possible. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the EPDP recommendations, evaluating the proposed implementation of the recommendations as approved by the Board, and working with ICANN staff to ensure that the resultant implementation conforms to the intent of the approved recommendations. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidance approved by the GNSO Council in June 2015. 3. The GNSO Council hereby indicates its non-objection, as required per the EPDP Team Charter, for the EPDP Team to commence work on a System for Standardized Access to Non-Public Registration Data as well as other topics identified in Phase 2 of the Charter. The Council does request that the EPDP Team, as a first step, develops its work plan for phase 2 and, furthermore, identifies whether the GNSO Council should consider any updates to the EPDP Team Charter to facilitate the EPDP Team’s work 4. The GNSO Council extends its sincere appreciation to the chair, vice-chair, members, alternates and support staff of the EPDP Team for their tireless efforts to complete Phase 1 in the timeline available.

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