January 2021 - Gnso-epdp-team

Meeting Invitation | Observers | ICANN Org Presentation on Legal v. Natural Study | Tuesday, 26 January 2021 at 14:00 UTC
by Terri Agnew 14 Jan '21

14 Jan '21

As a result of various requests to facilitate observers to follow the EPDP Phase 2 deliberations in real time, zoom webinar room will be made available for the EPDP plenary meetings. As a reminder, the zoom recording, audio recording, chat transcript and transcript of the EPDP plenary meetings will be publicly posted as soon as available on the EPDP wiki page and GNSO master calendar. Dear all, The ICANN Org Presentation on Legal v. Natural Study is scheduled on Tuesday, 26 January 2021 at 14:00 UTC for 90 minutes. Zoom room information: Main Zoom Webinar link: https://icann.zoom.us/j/96946470581?pwd=VWRXQnA4aG80bys1OHVyd25kRTNDZz09 Passcode: hBYhfat%C7 Going forward, observers will now join via zoom webinar. Observers will have ability to view member chat and information shared in the zoom webinar room. Observers will not be able to use chat or raise hands. Before joining the call: Please send dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only Please be sure you have read the ICANN Expected Standards of Behavior [icann.org]<https://urldefense.com/v3/__https:/www.icann.org/resources/pages/expected-s…> Visit the Wiki agenda page: https://community.icann.org/x/IwdACQ Check your time zone: https://tinyurl.com/yyrjenmq The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2021 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/group-activities/calen…> If you are joining via audio only: One tap mobile: US: +13017158592,,96946470581#,,,,*5645740310# or +13126266799,,96946470581#,,,,*5645740310# Webinar ID: 969 4647 0581 Passcode: 5645740310 International numbers available: https://icann.zoom.us/u/accaKofAKQ [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/accaKofAKQ__;!!PtGJab4!t…> Thank you. Kind regards, Terri

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Call for Legal Committee Volunteers - EPDP Phase 2A
by Caitlin Tubergen 14 Jan '21

14 Jan '21

Dear EPDP Team, As Keith noted during today’s meeting, the EPDP Phase 2A Team will have a Legal Committee, similar to Phase 1 and Phase 2. EPDP Team groups may reconfirm/appoint one member to the Legal Committee by Wednesday, 20 January. Those of you who participated in Phase 1 and 2 will remember we established a Legal Committee to review and revise proposed legal questions to ensure: (1) the questions are truly legal in nature, as opposed to policy or policy implementation questions; (2) the questions are phrased in a neutral manner, avoiding both presumed outcomes as well as constituency positioning; (3) the questions are both apposite and timely to the EPDP Team’s work; and (4) the budget for external legal counsel is being used responsibly. Based on feedback from the team, the membership is representative, i.e., each group may, but is not required to, appoint up to one representative. The appointed representative, where possible, should have legal expertise. Members of the Legal Committee are asked to provide advice based on their legal experience, factoring in all aspects of the conversation, not only that of their respective constituency. The Legal Committee will meet on an as-needed basis. The meetings will be open to anyone from the EPDP Team who would like to attend; however, only the appointed representatives will be invited to speak. Questions agreed to by the entire Legal Committee will be sent to outside counsel for review and forwarded to the EPDP Team as an FYI; please note this means if you have an interest in the Legal Committee’s work and/or have concerns with certain questions, please filter that feedback through your appointed representative. Thank you. Best regards, Marika, Berry, and Caitlin

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Notes and action items - EPDP Phase 2A Meeting #02 - 14 Jan 2021
by Caitlin Tubergen 14 Jan '21

14 Jan '21

Dear EPDP Team, Please find below the notes and a link to the action items from today’s meeting. Our next meeting will be Thursday, 21 January at 1400 UTC. Best regards, Marika, Berry, and Caitlin Action Items ❗️Please refer to the Google Sheet<https://docs.google.com/spreadsheets/d/17qLMYb3HC7qGYPQveXbUq5ZSzvedrQ3t8Ad…> for Action Items. We will review the action items at the beginning of each call.❗️ Notes EPDP Phase 2A - Meeting #02 Agenda Thursday 14 January 2021 at 14.00 UTC 1. Roll Call & SOI Updates 2. Welcome & Chair updates (Chair) * Thank you to everyone who contributed to the homework assignments. a. Vice-Chair Selection & Council Liaison selection update The charter foresees that “The EPDP Team, once formed, will select one or two Vice Chairs to assist the Chair. Should at any point a Vice-Chair need to step into the role of Chair, the same expectations with regards to fulfilling the role of chair as outlined in this charter will apply”. * At this time, a GNSO Council liaison has not yet been appointed; however, expect to have news re: the liaison following the next Council meeting. * Received an inquiry from Brian Beckham of WIPO to perform vice-chair duties for Phase 2A. * In reading the charter, it could be interpreted that only EPDP members can serve as vice-chair. In the event the EPDP Team agrees in an appointment of Brian, it may need to be confirmed by the GNSO Council. * Support Staff had a close look of the charter, and it notes once the EPDP Team has formed, the vice-chair is selected – the table in the charter shows a specific count, which includes the chair of the EPDP Team, but no separate count for the vice-chair. Accordingly, that may mean that the vice-chair is expected to come from the EPDP Team. As no volunteers have come forward from the EPDP Team, an appointment of a non-team member may need to be approved by the Council. EPDP Team Feedback: * No opposition provided. Next step will be to communicate to the Council. * Generally speaking, the vice-chair should be a neutral party throughout. 3. Review of Homework Assignments Feasibility of unique contacts (see compilation document attached) a. Review clarifying questions and determine whether these are referred to: Today’s plan is to run through the questions and allow those who put forward the question or concern to explain the contribution at a high-level and focus on how this should be addressed. For example, should the clarifying question be discussed and/or reviewed by: * EPDP Team * Legal committee (if to be referred to legal counsel) * Other b. Review proposals and consider · Clarifying questions · Definitions re: pseudonymization were added by Support Staff, and are pulled directly from the B&B memo (definitions in the legal questions were agreed to by the legal committee) · How should questions about definitions be raised? * This question could potentially be addressed by B&B or experts within the group who have an IT background. The Team may be missing information on how a unique string would work. * Who decides whether pseudonymization is across all registrars or within one registration? This is a decision for the EPDP Team. These terms should be used as they are defined in GDPR. * The point of clarifying question was that certain people did not understand the definitions. The distinction b/w pseudonymization and anonymization is quite clear. Anonymization is unique for each registration, while pseudonymization is unique by registrant. ALAC raised a potentially interesting point about pseudonymization across registrars; that is a technical question for ICANN. These concepts are clear, and our job is to decide which (if any) is allowable. * The Team should take a step back even before discussing these definitions – what are we trying to use these definitions to do? What problem are we trying to solve? This should be determined first. * Agree that the approach to a solution would be better if we know what the problem is. It is not a huge effort for registrars to create a pseudonymized identifier for their customers; however, sharing that identifier with multiple registries and registrars and tracking it over time starts to look less and less like an anonymous or pseudonymous bit of data and looks more like a tracking cookie. Where the team should draw the line is what is allowable under the law, and what problem we are trying to solve. * Processing personal data is not inherently illegal; it depends who is doing it and what they are doing it for. The question is what happens when a pseudonym is shared outside of a contracted party; it is not inherently unlawful. * May need more homework for next meeting with purpose or intent or what we are trying to solve for. * The Team is trying to work toward contactability. The web forms have character limits which are untenable, particularly for noting IP infringement issues. Some web forms do not have free form options. The webforms are unacceptable; we need something more workable. * Correlation is very important for cybersecurity purposes. There are often times when one needs to identify additional domain names associated with a contact, particularly in cybersecurity-related issues like phishing attacks. * The B&B memo concentrated on the effect on the data subject; it didn’t focus on other purposes where pseudonymization this may be lawful. * The Team already has a memo that notes that anonymized and pseudonymized data can be personal data. Circling back to that because some members do not want to accept the previous legal advice is not a good use of time. The legalities of whether a unique identifier can be published – that is a non-starter. * What we are trying to do here is to make sure everyone is clear on the terminology and what solution we are working towards. * The Team does not seem to agree what the memo said: in the hands of a contracted party, this data is personal. In the hands of a third party, the data might be personal data. * Something that is pseudonymous for CPs could be anonymous for a third party. With respect to the B&B memo – the memo is not crystal clear in certain aspects. B&B touches on a DPIA. * Distinction b/w anonymized and pseudonymized in GDPR is clear. However, the definitions in the memo are not clear. What is not really explained – for pseudonymization, could third parties somehow combine this information or have access to these strings and trace back to the individual? * There is already a requirement for registrars to provide * Action: Staff to put together a google doc where everyone can provide further input in advance of the next call. * Laureen’s question re: data retention may be a question for the legal committee to further review. * In one part of the legal memo, there is a reference to masking. Alan and Hadia asked what the relevance of introducing this concept is, when this was not put forward in the legal committee’s question. * It may be helpful to put forward a short side paper on pseudonymization vs. anonymization. * Who should address the question of masking? * Answer: B&B via legal committee * Caution against spending or wasting time with detailed explorations of how pseudonymization works in practice b/c pseudonymization is a form of personal identification. * When we create a new pseudonymized email, that is a new data element for contracted parties to both create and process * This is a tier 2 question – this is about how to implement rather than if we should implement in the first place * Question for registrars re: changing anonymized email addresses over time * There should be a proposal for disclosure of pseudonymized or anonymized emails · Next steps for considering these proposals further Legal vs. natural (see compilation document attached) c. Review clarifying questions and determine whether these are referred to: * EPDP Team * Legal committee (if to be referred to legal counsel) * ICANN org * Other d. Review proposals and consider · Clarifying questions * The first question is a legal question. * Second question: there is already a review process as a part of the SSAD * The NIS2 directive is a proposal and there is nothing in it that makes it mandatory to differentiate b/w legal and natural persons * For questions to ICANN org: do any members of the Team wish to clarify their questions? If not, ICANN org will take these questions into account when providing an update on the study. * Questions re: legal memos can be reviewed by the legal committee. · Next steps for considering these proposals further 4. Wrap and confirm next EPDP Team meeting (5 minutes): - Action: In parallel tracks, ask Brian Beckham for time or give an EOI the group to review and consider. Concurrently, notify the Council and confirm this is OK. -Action: EPDP Team to respond to Legal Committee appointment notice by Wednesday, 20 January. a. Meeting #03 Thursday 21 January at 14.00 UTC. b. Confirm action items c. Confirm questions for ICANN Org, if any

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Post Call | GNSO Temp Spec gTLD RD EPDP – Phase 2A | Thursday, 14 January 2021 at 14:00 UTC
by Terri Agnew 14 Jan '21

14 Jan '21

Dear all, All recordings for the GNSO Temp Spec gTLD RD EPDP – Phase 2A call held on Thursday, 14 January 2021 at 14:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/hYgmCQ> (attendance included) and the GNSO Master calendar <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> . These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) * Transcript As a reminder only members and alternates can join the call as a panelist, observers can join as an attendee to listen. For additional information, you may consult the mailing list archives <https://mm.icann.org/pipermail/gnso-epdp-team/> and the main wiki page<https://community.icann.org/x/IYEpBQ>. Thank you. With kind regards, Terri

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Meeting Invitation | Observers | GNSO Temp Spec gTLD RD EPDP-P2A call | Thursday, 21 January 2021 at 14:00 UTC
by Terri Agnew 14 Jan '21

14 Jan '21

As a result of various requests to facilitate observers to follow the EPDP Phase 2 deliberations in real time, zoom webinar room will be made available for the EPDP plenary meetings. As a reminder, the zoom recording, audio recording, chat transcript and transcript of the EPDP plenary meetings will be publicly posted as soon as available on the EPDP wiki page and GNSO master calendar. Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2A is scheduled on Thursday, 21 January 2021 at 14:00 UTC for 90 minutes. Zoom room information: Main Zoom Webinar link: https://icann.zoom.us/j/92181477886?pwd=TlJHTU5EY1d3bUxLV2s3UStPS2MxZz09 Passcode: Z@S07?t=v5 Going forward, observers will now join via zoom webinar. Observers will have ability to view member chat and information shared in the zoom webinar room. Observers will not be able to use chat or raise hands. Before joining the call: Please send dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only Please be sure you have read the Expected Standards of Behavior [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource…> Visit the Wiki agenda page: https://community.icann.org/x/h4gmCQ Check your time zone: https://tinyurl.com/ycdekt2u The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2021 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/group-activities/calen…> If you are joining via audio only: One tap mobile US: +13126266799,,92181477886#,,,,,,0#,,3121016458# or +13462487799,,92181477886#,,,,,,0#,,3121016458# Webinar ID: 921 8147 7886 Passcode: 3121016458 International numbers available: https://icann.zoom.us/u/acVxz9PmJI [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acVxz9PmJI__;!!PtGJab4!p…> Thank you. Kind regards, Terri

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**Starting in 15 minutes | Meeting Invitation | Observers | GNSO Temp Spec gTLD RD EPDP-P2A call | Thursday, 14 January 2021 at 14:00 UTC
by Terri Agnew 14 Jan '21

14 Jan '21

**starting in 15 minutes As a result of various requests to facilitate observers to follow the EPDP Phase 2 deliberations in real time, zoom webinar room will be made available for the EPDP plenary meetings. As a reminder, the zoom recording, audio recording, chat transcript and transcript of the EPDP plenary meetings will be publicly posted as soon as available on the EPDP wiki page and GNSO master calendar. Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2A is scheduled on Thursday, 14 January 2021 at 14:00 UTC for 90 minutes. Zoom room information: Main Zoom Webinar link: https://icann.zoom.us/j/92181477886?pwd=TlJHTU5EY1d3bUxLV2s3UStPS2MxZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/92181477886?pwd=TlJHTU5E…> Passcode: Z@S07?t=v5 Going forward, observers will now join via zoom webinar. Observers will have ability to view member chat and information shared in the zoom webinar room. Observers will not be able to use chat or raise hands. Before joining the call: Please send dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only Please be sure you have read the Expected Standards of Behavior [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource…> Visit the Wiki agenda page: https://community.icann.org/x/hYgmCQ Check your time zone: https://tinyurl.com/y7kob27h [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/y7kob27h__;!!PtGJab4!oAQblC6…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2021 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/group-activities/calen…> If you are joining via audio only: One tap mobile US: +13126266799,,92181477886#,,,,,,0#,,3121016458# or +13462487799,,92181477886#,,,,,,0#,,3121016458# Webinar ID: 921 8147 7886 Passcode: 3121016458 International numbers available: https://icann.zoom.us/u/acVxz9PmJI [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acVxz9PmJI__;!!PtGJab4!p…> Thank you. Kind regards, Terri

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Goodbye EPPD
by TSELENTIS Georgios 14 Jan '21

14 Jan '21

Dear EPDP colleagues, I wish to inform you that I had to step down from the GAC as European Commission alternate representative due to my move to another unit in the European Commission dealing with Digital Connectivity in Europe and post COVID Recovery and Resilience Funds. I wish to warmly thank you all for the intense but always professional and collegial way we worked the last years (!) in the EPDP. I still remember the day I was tasked to represent the EC in the EPDP and thought with my naïve mind of engineer: “Sure, WHOIS just one simple Internet protocol…”. I wish to specially thank the ICANN staff who does an amazing and professional job supporting us in the most efficient and kind way always with a smile ☺. I am sad to leave the group almost at the completion of this policy development process but I am confident you will be proud (…and relieved ☺) upon its completion. Hope to meet you again, until then keep safe and well, Georgios Tselentis [cid:image001.gif@01D40705.22489500] European Commission Directorate-General for Communication Networks, Content and Technology B5 Investment in High-Capacity Networks BU33 2/15 B-1049 Brussels/Belgium Office: +32 229 99923 Mobile: +32 498 999923

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**Reminder** Meeting Invitation | Observers | GNSO Temp Spec gTLD RD EPDP-P2A call | Thursday, 14 January 2021 at 14:00 UTC
by Julie Bisland 13 Jan '21

13 Jan '21

As a result of various requests to facilitate observers to follow the EPDP Phase 2 deliberations in real time, zoom webinar room will be made available for the EPDP plenary meetings. As a reminder, the zoom recording, audio recording, chat transcript and transcript of the EPDP plenary meetings will be publicly posted as soon as available on the EPDP wiki page and GNSO master calendar. Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2A is scheduled on Thursday, 14 January 2021 at 14:00 UTC for 90 minutes. Zoom room information: Main Zoom Webinar link: https://icann.zoom.us/j/92181477886?pwd=TlJHTU5EY1d3bUxLV2s3UStPS2MxZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/92181477886?pwd=TlJHTU5E…> Passcode: Z@S07?t=v5 Going forward, observers will now join via zoom webinar. Observers will have ability to view member chat and information shared in the zoom webinar room. Observers will not be able to use chat or raise hands. Before joining the call: Please send dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only Please be sure you have read the Expected Standards of Behavior [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource…> Visit the Wiki agenda page: https://community.icann.org/x/hYgmCQ Check your time zone: https://tinyurl.com/y7kob27h [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/y7kob27h__;!!PtGJab4!oAQblC6…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2021 If you are joining via audio only: One tap mobile US: +13126266799,,92181477886#,,,,,,0#,,3121016458# or +13462487799,,92181477886#,,,,,,0#,,3121016458# Webinar ID: 921 8147 7886 Passcode: 3121016458 International numbers available: https://icann.zoom.us/u/acVxz9PmJI [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acVxz9PmJI__;!!PtGJab4!p…> Thank you. Kind regards, Terri

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Proposed agenda for meeting #2 on Thursday 14 January at 14.00 UTC
by Marika Konings 12 Jan '21

12 Jan '21

Dear EPDP Team, Please find below the proposed agenda for the next EPDP Team Phase 2A meeting which is scheduled for Thursday 14 January at 14.00 UTC. Attached you will find the supporting documents for agenda item 3. which include the input that has been provided via the google docs as part of the homework. Best regards, Caitlin, Berry and Marika EPDP Phase 2A - Meeting #02 Proposed Agenda Thursday 14 January 2021 at 14.00 UTC 1. Roll Call & SOI Updates (5 minutes) 2. Welcome & Chair updates (Chair) (15 minutes) 1. Vice-Chair Selection & Council Liaison selection update The charter foresees that “The EPDP Team, once formed, will select one or two Vice Chairs to assist the Chair. Should at any point a Vice-Chair need to step into the role of Chair, the same expectations with regards to fulfilling the role of chair as outlined in this charter will apply”. 3. Review of Homework Assignments (60 minutes) Feasibility of unique contacts (see compilation document attached) a. Review clarifying questions and determine whether these are referred to: · EPDP Team · Legal committee (if to be referred to legal counsel) · Other b. Review proposals and consider * Clarifying questions * Next steps for considering these proposals further Legal vs. natural (see compilation document attached) c. Review clarifying questions and determine whether these are referred to: · EPDP Team · Legal committee (if to be referred to legal counsel) · ICANN org · Other d. Review proposals and consider * Clarifying questions * Next steps for considering these proposals further 4. Wrap and confirm next EPDP Team meeting (5 minutes): 1. Meeting #03 Thursday 21 January at 14.00 UTC. 2. Confirm action items 1. Confirm questions for ICANN Org, if any

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Reminder - Action items due by 11 January 2021
by Marika Konings 07 Jan '21

07 Jan '21

Dear all, First of all, best wishes to all for 2021!! Hereby a reminder to complete the outstanding action items<https://docs.google.com/spreadsheets/d/17qLMYb3HC7qGYPQveXbUq5ZSzvedrQ3t8Ad…>, especially: * EPDP Team to update the Google Doc for Legal v. Natural<https://docs.google.com/document/d/14S4XBswEbq60hCQn4Nd1on-5OsTK4LbBvuI_Orz…>, including (i) identifying any clarifying questions in relation to legal/natural study and legal memos; (ii) reviewing ICANN org study, legal memos and any other information deemed relevant and providing input on what guidance can be provided to Registrars and Registries who differentiate or want to differentiate between registrations of legal and natural persons by 11 January 2021. * EPDP team to update the Google Doc for Feasibility of Unique Contacts<https://docs.google.com/document/d/1Kne5_VYvID3LE9fUZphUu8wawjEl_HJGXcTm8CO…>, including i. identifying any clarifying questions in relation to legal memo, and ii. reviewing legal memo and any other information deemed relevant and provide input on what options to require unique contacts to have a uniform anonymized email address across domain name registrations would not result in being treated as publication of personal data by 11 January 2021. Best regards, Caitlin, Berry and Marika From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Caitlin Tubergen <caitlin.tubergen(a)icann.org> Date: Friday, December 18, 2020 at 01:18 To: "gnso-epdp-team(a)icann.org" <gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Notes and action items - EPDP Phase 2A Meeting #01 - 17 Dec 2020 Dear EPDP Team: Please find the notes and action items from today’s EPDP Phase 2A Call #01. The next meeting will be Thursday, 14 January 2021 at 14:00 UTC. Best regards, Berry, Marika, and Caitlin -- EPDP Phase 2A - Meeting #01 Thursday 17 December 2020 at 14.00 UTC Action Items Please refer to the Google Sheet<https://docs.google.com/spreadsheets/d/17qLMYb3HC7qGYPQveXbUq5ZSzvedrQ3t8Ad…> for Action Items. We will review the action items at the beginning of each call. Notes 1. Roll Call & SOI Updates 2. Welcome and introductions (Chair) (15 minutes) a. Chair introduction b. Each member to briefly introduce themselves 1. Vice-Chair Selection (Chair) (10 minutes) The charter foresees that “The EPDP Team, once formed, will select one or two Vice Chairs to assist the Chair. Should at any point a Vice-Chair need to step into the role of Chair, the same expectations with regards to fulfilling the role of chair as outlined in this charter will apply”. EPDP to consider whether appointing a vice-chair or vice-chairs is deemed necessary, or could, similar to phase 1 and phase 2, the Council liaison serve in this role? a. EPDP Team input * The GNSO Council liaison acting as the vice-chair worked well during Phase 1 and 2, and is likely the cleanest and quickest option available. * Is it procedurally possible to have a vice-chair from a non-GNSO constituency, e.g., ALAC, GAC, SSAC? * There doesn’t seem to be anything in the charter that would prohibit an AC team member from assuming the vice-chair role; however, if stepping in for the chair, the vice-chair would have to act with neutrality (note, this would not prevent a vice-chair for advocating for their respective group’s position when not acting in a vice-chair capacity). * There is a risk of over-advocacy and losing credibility as a vice-chair * Action: Keith to reach out to Philippe about the timing of the GNSO Council’s appointment of an EPDP Phase 2A liaison. * Will defer decision on the role of vice-chair until the next meeting on Thursday, 14 January 2021. b. Decide on next steps (formal decision expected to take place during next meeting) 4. Review of Council instructions to EPDP Team (Staff Support Team) (10 minutes) a. Questions to be addressed * Legal v. Natural * Questions to be addressed: * 1. Whether any updates are required to the EPDP Phase 1 recommendation on this topic (“Registrars and Registry Operators are permitted to differentiate between registrations of legal and natural persons, but are not obligated to do so“); * 2. What guidance, if any, can be provided to Registrars and/or Registries who differentiate between registrations of legal and natural persons. * Note: Per GNSO Council instruction, the EPDP Team is expected to review: * 1. the study undertaken by ICANN org (as requested by the EPDP Team and approved by the GNSO Council during Phase 1); and * 2. the legal guidance provided by Bird & Bird; and * 3. the substantive input provided on this topic during the public comment forum on the addendum and answer: * * Feasibility of unique anonymized contacts * Questions to be addressed: * 1. Whether or not unique contacts to have a uniform anonymized email address is feasible, and if feasible, whether it should be a requirement. * 2. If feasible, but not a requirement, what guidance, if any, can be provided to Contracted Parties who may want to implement uniform anonymized email addresses. * Note: per GNSO Council instruction, the EPDP Team is expected to review the legal guidance and consider specific proposals that provide sufficient safeguards to address issues flagged in the legal memo. Groups that requested additional time to consider this topic, which include ALAC, GAC and SSAC, will be responsible to come forward with concrete proposals to address this topic. EPDP Team Feedback: * For the second topic, common definitions are necessary, as terms such as “unique” and “anonymized” may mean different things to different people in this context. b. Timing * Per the GNSO Council’s instructions, “[a]t the latest 3 months after reconvening, the Chair of the EPDP Team and GNSO Council Liaison to the EPDP will report back to the GNSO Council on the status of deliberations. Based on this report, which is expected to include an update on progress made and the expected likelihood of consensus recommendations, the GNSO Council will decide on next steps, which could include providing additional time for the EPDP to finalize its recommendations or termination of the EPDP if it is clear that no progress is being made or consensus is unlikely”. * The first part of the instruction is time bound, recognizing that these both of these topics have been deliberated in the past, and there's been questions of whether consensus was achievable on these; therefore, the Council proposed three months. * Following the PDP 3.0 implementations, the GNSO Council has taken a more project-management focused approach to PDP management. Accordingly, you’ll see the 31 March milestone, which represents the 3-month marker Phase 2A has been given. * At the end of March will be when the chair and council liaison are to report back to the Council on the EPDP Team’s progress and chances for recommendations receiving broad support. * As in Phase 1 and Phase 2, the Policy Support Team will be working in parallel to construct an initial report in line with the Team’s deliberations and preliminary agreements. * Takeaway: eyes on the prize is end of March 2021. 5. Background Briefing Documents (20 minutes) a. Legal vs. natural: EPDP Team feedback, especially on proposed approach and estimated timing * Section A of both briefing documents provide the questions the EPDP Team was asked by the GNSO Council to address * For example, for legal v. natural, the questions to answer are: * 1. Whether any updates are required to the EPDP Phase 1 recommendation on this topic (“Registrars and Registry Operators are permitted to differentiate between registrations of legal and natural persons, but are not obligated to do so“); * 2. What guidance, if any, can be provided to Registrars and/or Registries who differentiate between registrations of legal and natural persons. * The background briefing also provides the required reading materials for each topic. For legal v. natural, all EPDP Team members are required to read: * 1. the study undertaken by ICANN org (as requested by the EPDP Team and approved by the GNSO Council during Phase 1); and * 2. the legal guidance provided by Bird & Bird; and * 3. the substantive input provided on this topic during the public comment forum on the addendum and answer: * Note: EPDP Team members also suggest reading the new proposal<https://ec.europa.eu/digital-single-market/en/news/proposal-directive-measu…> for a revised Directive on Security of Network and Information Systems (NIS 2 Directive) 1. Feasibility of Unique Anonymized Contacts * Questions to answer: * 1. Whether or not unique contacts to have a uniform anonymized email address is feasible, and if feasible, whether it should be a requirement. * 2. If feasible, but not a requirement, what guidance, if any, can be provided to Contracted Parties who may want to implement uniform anonymized email addresses. * Materials to review: * Legal guidance from B&B, and following review, consider specific proposals that provide sufficient safeguards to address issues flagged in the legal memo. Groups that requested additional time to consider this topic, which include ALAC, GAC and SSAC, will be responsible to come forward with concrete proposals to address this topic. 6. Homework assignments (15 min) a. EPDP Team to review all materials referenced in the background briefings b. Staff support team to circulate links to google docs where EPDP Team members are expected to provide input on: · Legal vs. natural: i. Identify any clarifying questions in relation to legal/natural study and legal memos ii. Review ICANN org study, legal memos and any other information deemed relevant and provide input on what guidance can be provided to Registrars and Registries who differentiate or want to differentiate between registrations of legal and natural persons. · Feasibility of unique contacts: i. Identify any clarifying questions in relation to legal memo ii. Review legal memo and any other information deemed relevant and provide input on what options to require unique contacts to have a uniform anonymized email address across domain name registrations would not result in being treated as publication of personal data. IMPORTANT: Due date for input – Monday 11 January 2021. Subsequent meetings will focus on input that is provided by EPDP Team members. If no input is provided, no further discussion can take place. 7. Wrap and confirm next EPDP Team meeting (5 minutes): a. Meeting #02 Thursday 14 January at 14.00 UTC. b. Confirm action items c. Confirm questions for ICANN Org, if any

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