June 2021 - Gnso-epdp-team - lists.icann.org

Proposed Agenda - EPDP Team Meeting #29 Thursday 10 June at 14.00 UTC
by Marika Konings 10 Jun '21

10 Jun '21

Dear EPDP Team, Please find below the proposed agenda for the next EPDP Team meeting which is scheduled for Thursday 10 June at 14.00 UTC. Also attached you will find the ICANN71 session proposal. Please review this in advance of the meeting and feel free to provide any feedback you may have and/or indicate if you are willing to volunteer for any of the identified speaker slots. Best regards, Caitlin, Berry and Marika EPDP Phase 2A - Meeting #29 Proposed Agenda Tuesday 10 June 2021 at 14.00 UTC 1. Roll Call & SOI Updates (5 minutes) 2. Welcome & Chair updates (Chair) (5 minutes) a. Publication of Initial Report & Chair’s statement 3. ICANN71 Session Proposal (30 minutes) a. Brief overview of proposed session (see attached) b. EPDP Team feedback & identification of volunteers c. Confirm next steps 4. Intermediary work through the Public Comment (30 minutes) a. General discussion of what can be accomplished working off-line until the public comment closes 19 July 2021 b. Consider possible mediated discussions c. Confirm next steps 5. Wrap and confirm next EPDP Team meeting (5 minutes): a. EPDP Team Meeting #30 Thursday 15 July at 14.00 UTC (tentative) b. Meeting #31 Thursday 22 July (confirmed) c. Confirm action items d. Confirm questions for ICANN Org, if any

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**REMINDER** Meeting Invitation | GNSO Temp Spec gTLD RD EPDP - Phase 2A call | Thursday, 10 June 2021 at 14:00 UTC
by Julie Bisland 09 Jun '21

09 Jun '21

Meeting Invites for this group will now be sent only to the main mailing list with the ics attachments. Directions for members, alternates and observers are listed below. Dear all, The GNSO Temp Spec gTLD RD EPDP – Phase 2A call is scheduled on Thursday, 10 June 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 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!q…> Members, alternates, observers all have different access and participation directions, please read below! ALL: 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/IALpCQ * Check your time zone: https://tinyurl.com/255722be [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/255722be__;!!PtGJab4!t9HxSzz…> ONLY for Members and Alternates * Please join via the above Main Zoom Webinar link and staff will promote you to panelist. * Alternate replacement confirmations – In order to keep track of alternate replacements, use the google form [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_a_ican…> to communicate who the alternate is replacing and for which period. This information will be publicly posted so that the EPDP Team is aware at any time who is active. Alternate Assignment – EPDP Phase 2A wiki page<https://community.icann.org/x/h4jzC>. * Members (and alternates replacing members), please select Panelists and Attendees when posting to the chat in order for everyone to see and to be captured afterwards. * Alternates not replacing a member: Please rename your line by adding THREE Zs - (zzz)’before your name and add, in parentheses at the end, (your affiliation - alternate). To rename in Zoom, hover over your name and click ‘rename’. * Alternates (not replacing a member) are not allowed to engage in the chat (apart from private chats) or use any of the other zoom room functionalities such as raising hands or agreeing / disagreeing. Only for Observers: * 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. Thank you. Kind regards, Terri

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EPDP-P2A // 03 Jun 2021 Milestone Project Package
by policy＠bacinblack.com 08 Jun '21

08 Jun '21

Dear EPDP-P2A, On behalf of the EPDP-P2A leadership team, please find attached the EPDP-P2A's 03 Jun 2021 milestone project package. 1. Page 01 - Summary timeline 2. Page 02 - Project Sitrep - an extract from the Council's Project List 3. Page 03 - Group roster 4. Page 04 - Group attendance for plenary and legal committee 5. Page 05 - Work and activity metrics 6. Page 06 - Project Plan, Gannt chart 7. Pages 07-08 - Work plan & Action items for the period Please let us know if you have any questions. Thank you B Berry Cobb GNSO Policy Consultant Principal | BAC in Black Consulting <http://bacinblack.com/> Mob: +1 (720) 839-5735 <https://twitter.com/berrycobb> <https://www.linkedin.com/in/berrycobb/>

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EPDP Phase 2A Chair Update to GNSO Council -- Initial Report
by Drazek, Keith 07 Jun '21

07 Jun '21

Dear GNSO Council Leadership Team, In my capacity as Chair of the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data (Phase 2A), I am pleased to report to the GNSO Council that the Phase 2A team has finalized its Initial Report for public comment. The Initial Report includes a status update on the deliberations of the EPDP 2A team and primarily poses questions around five key issues and possible recommendations for community feedback. The public comment period will run for 45 days from 03 June to 19 July 2021. The EPDP 2A team has not yet reached consensus on whether there should be new consensus policy elements, amendments to the existing Phase 1 recommendations, or if the existing policies are sufficient at this time. This is a key area of focus for the community during the public comment period and the EPDP 2A team looks forward to considering all inputs, and especially new information, as we work to develop policy recommendations in a Final Report. The five key areas where new community input is requested are: 1. As the report indicates, there are substantially different views on the question of whether changes are needed to the Phase 1 recommendation which allows for differentiation between legal and natural person data, but does not require it. Some are of the view that changes are warranted, while others believe that the Phase 1 recommendation does not require changes at this time. 2. The EPDP Team has noted there are a number of potential relevant developments such as NIS2, decisions by pertinent tribunals and data protection authorities, as well as the possible adoption of the Phase 2 recommendations on a Standardized System for Access and Disclosure (SSAD) that may require, or benefit from, a renewed consideration of the question of whether any further policy changes are necessary. The EPDP Phase 2A preliminary recommendation included in the Initial Report suggests that the Council should monitor these developments to decide if/when (re)consideration is warranted, while others have suggested that this is already the responsibility of the Council and as such, neither monitoring nor specific triggering points need to be specifically called out. Community input is sought on if/how this recommendation is necessary for future GNSO Council consideration of any new policy work. Further information from the Council on how this monitoring suggestion is helpful is also welcomed. 3. As a possible new requirement, the EPDP Team has discussed the introduction of a standardized data element to facilitate and harmonize practices for those Contracted Parties who do choose to differentiate between legal and natural person data, but some important questions remain and are called out in the Initial Report, as follows: a. Should a standardized data element be available for a Contracted Party to use? If yes, why? If no, why not? Why is harmonization of practices beneficial or problematic? b. If yes, what field or fields should be used and what possible values should be included, if different from the ones identified in the Initial Report (Registrant Legal Person - Yes/No/Unspecified)? c. If such a standardized data element is available, MUST a Contracted Party who decides to differentiate use this standardized data element or should supporting this standardized data element remain optional for a Contracted Party that implements this differentiation? 4. The EPDP Team has developed guidance for Contracted Parties who choose to differentiate but there are a number of questions that are put out for community input: a. Does this guidance as written provide sufficient information and resources to Registrars and Registry Operators who wish to differentiate? If not, what is missing and why? b. Are there additional elements that should be included? c. Are there legal and regulatory considerations not yet considered in this Initial Report, that may inform Registries and Registrars in deciding whether and how to differentiate, and if so, how? d. If a Registrar or Registry Operator decides to differentiate, should this guidance become a requirement that can be enforced if not followed ("MUST, if Contracted Party decides to differentiate")? 5. The EPDP Team has put forward a preliminary recommendation that Contracted Parties who choose to publish a registrant- or registration-based email address in the publicly accessible RDDS should ensure appropriate safeguards for the data subject in line with relevant guidance on anonymization techniques provided by their Data Protection Authority(ies) and the appended legal guidance in this recommendation. The EPDP Team asks: a. Does this guidance as written provide sufficient information and resources to Registrars and Registry Operators who wish to publish a registrant- or registration-based email address? b. If not, what is missing and why? In summary, irrespective of whether consensus is ultimately reached on the above issues, the EPDP 2A Team will continue working during the public comment period to ensure we remain on track for publication of a Final Report by the end of August 2021. The EPDP 2A Team appreciates the ongoing support of the GNSO Council as we conduct this important policy work, and we very much look forward to receiving, reviewing, and incorporating the community's feedback. Please advise if the GNSO Council has any follow-up questions for the EPDP Phase 2A team. Sincerely, Keith Drazek

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July 2021 | GNSO Temp Spec gTLD RD EPDP - Phase 2A calls
by Terri Agnew 07 Jun '21

07 Jun '21

Dear all, Please find the ics attachments for the EPDP-P2A Team calls in July 2021 with scheduled start time of 14:00 UTC for 90 minutes. Please download them to your inbox calendars. The details of the calls are as follows: * Thursday, 15 July 2021 * Thursday, 22 July 2021 Email invitations for each call will be sent out closer to the date of the meeting. As a reminder, the next meeting is scheduled on Thursday, 10 June 2021 and invite has been sent. Thank you. Kind regards, Terri

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GNSO Temp Spec gTLD RD EPDP – Phase 2A call
by ICANN Policy Calendar 07 Jun '21

07 Jun '21

Meeting: GNSO Temp Spec gTLD RD EPDP – Phase 2A call Date/time: Thursday, 22 July 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 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!q…> Members, alternates, observers all have different access and participation directions, please read below! ALL: 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/SwPpCQ * Check your time zone: https://tinyurl.com/54m7e2mm ONLY for Members and Alternates * Please join via the above Main Zoom Webinar link and staff will promote you to panelist. * Alternate replacement confirmations – In order to keep track of alternate replacements, use the google form [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_a_ican…> to communicate who the alternate is replacing and for which period. This information will be publicly posted so that the EPDP Team is aware at any time who is active. Alternate Assignment – EPDP Phase 2A wiki page<https://community.icann.org/x/h4jzC>. * Members (and alternates replacing members), please select Panelists and Attendees when posting to the chat in order for everyone to see and to be captured afterwards. * Alternates not replacing a member: Please rename your line by adding THREE Zs - (zzz)’before your name and add, in parentheses at the end, (your affiliation - alternate). To rename in Zoom, hover over your name and click ‘rename’. * Alternates (not replacing a member) are not allowed to engage in the chat (apart from private chats) or use any of the other zoom room functionalities such as raising hands or agreeing / disagreeing. Only for Observers: * 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. Thank you. Kind regards, Terri

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GNSO Temp Spec gTLD RD EPDP – Phase 2A call
by ICANN Policy Calendar 07 Jun '21

07 Jun '21

Meeting: GNSO Temp Spec gTLD RD EPDP – Phase 2A call Date/time: Thursday, 15 July 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 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!q…> Members, alternates, observers all have different access and participation directions, please read below! ALL: 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/SQPpCQ * Check your time zone: https://tinyurl.com/xevu7dxf ONLY for Members and Alternates * Please join via the above Main Zoom Webinar link and staff will promote you to panelist. * Alternate replacement confirmations – In order to keep track of alternate replacements, use the google form [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_a_ican…> to communicate who the alternate is replacing and for which period. This information will be publicly posted so that the EPDP Team is aware at any time who is active. Alternate Assignment – EPDP Phase 2A wiki page<https://community.icann.org/x/h4jzC>. * Members (and alternates replacing members), please select Panelists and Attendees when posting to the chat in order for everyone to see and to be captured afterwards. * Alternates not replacing a member: Please rename your line by adding THREE Zs - (zzz)’before your name and add, in parentheses at the end, (your affiliation - alternate). To rename in Zoom, hover over your name and click ‘rename’. * Alternates (not replacing a member) are not allowed to engage in the chat (apart from private chats) or use any of the other zoom room functionalities such as raising hands or agreeing / disagreeing. Only for Observers: * 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. Thank you. Kind regards, Terri

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Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline
by Drazek, Keith 03 Jun '21

03 Jun '21

Hi all, Thanks for all the input. The Leadership team and staff were very clear about our focus resolving the "can't live with" items over the last two weeks, including during the extended time this week. In doing so, we worked to bring the document to a state that would have maximum possible support reflecting our deliberations over the last five months, while clearly acknowledging various differences and teeing up the open questions. Specifically, on Rec #1, the preceding section of the report is very clear on the state of various views and group positions, and the actual Initial Report language includes "at this stage" to reflect that, at the time of the Initial Report, there was not consensus to change Phase 1 recommendations. Could that situation change following public comment and further work on a Final Report? Perhaps. Is it unfair or inaccurate at this stage to say that such consensus does not exist today? No, it is not. We have consistently been using the term "guidance" for weeks/months, and we even discussed the possibility of referring to "best practices" vs. "guidance." There is not consensus today on changes to Phase 1 consensus policy requirements at this stage and it would be misleading to suggest otherwise. We did not conduct a formal consensus call in preparation for the Initial Report and public comment feedback (as is sometimes the case), and that's what the Initial Report says, quite clearly I believe. As you assess your last-minute input as submitted, would it have helped bridge any gaps? Did it have even general support of other groups, or would it have resulted in further disagreement and division? Was it focused on addressing the "can't live with" items, or did it introduce/re-introduce items that would have required further discussion beyond our well-documented and communicated timelines? Would the suggested changes have had a positive impact toward consensus on the positions of our groups as we seek community input? In order to meet our timelines, we needed to finalize the document and that's what we did. Every delay has a domino effect and we're working toward finalizing a Final Report in August. Any delay would require a Project Change Request (PCR) to the GNSO Council, and there is zero guarantee that we'd receive the support of Council for such an extension. We're already likely to need to submit a PCR following our missing the May 31/June 1 date AND the extra five days of a public comment period (45 instead of 40) requested by EPDP Team members. These will both impact the timelines for public comment review/analysis and the next phase of our work. No one should assume that a PCR from the EPDP 2A team would be granted, so we're trying to keep the trains on time to give the community a chance to conclude this important work. With that, it's time to shift our focus to the public comment period, while concurrently looking for areas of substantive work the EPDP Team might address during the comment period in preparation for the Final Report drafting. The Initial Report has been submitted to ICANN Org for publication later today. If anyone has clarifying input from your respective groups, feel free to submit it early during the public comment period. Thanks and best regards, Keith From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> On Behalf Of Mark Svancarek (CELA) via Gnso-epdp-team Sent: Thursday, June 3, 2021 11:18 AM To: Jan Janssen <jjanssen(a)petillion.law>; STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu>; Kapin, Laureen <LKAPIN(a)ftc.gov>; Caitlin Tubergen <caitlin.tubergen(a)icann.org>; Marika Konings <marika.konings(a)icann.org>; Berry Cobb <Berry.Cobb(a)icann.org> Cc: gnso-epdp-team(a)icann.org Subject: [EXTERNAL] Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Re-sending, this time including the cc line. From: Mark Svancarek (CELA) Sent: Thursday, June 3, 2021 6:23 AM To: Jan Janssen <jjanssen(a)petillion.law>; STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu>; Kapin, Laureen <LKAPIN(a)ftc.gov>; Caitlin Tubergen <caitlin.tubergen(a)icann.org>; Marika Konings <marika.konings(a)icann.org>; Berry Cobb <Berry.Cobb(a)icann.org> Subject: RE: [Gnso-epdp-team] Fwd: Initial Report - final version + redline The BC supports and encourages Melina's proposed edit and the previous proposed addition mentioned by Jan. /marksv From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> On Behalf Of Jan Janssen via Gnso-epdp-team Sent: Thursday, June 3, 2021 5:35 AM To: STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu>; Kapin, Laureen <LKAPIN(a)ftc.gov>; Caitlin Tubergen <caitlin.tubergen(a)icann.org>; Marika Konings <marika.konings(a)icann.org>; Berry Cobb <Berry.Cobb(a)icann.org> Cc: EPDP <gnso-epdp-team(a)icann.org> Subject: [EXTERNAL] Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Also, the draft Initial Report does not reflect the proposed addition with respect to the EDPB letter of July 2018, which provides: "The GDPR does not apply to the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person." This should be added to the quote. As currently written, the quote from the EDPB letter is out of context. This comment was made within the "deadline" on 1 June 2021, but might have missed your attention. Best regards, Jan Janssen* jjanssen(a)petillion.law +32 486 48 39 94 www.petillion.law Attorneys - Advocaten - Avocats *Standing representative of Anlirosu bv, a private company with limited liability performing the legal services From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Jan Janssen via Gnso-epdp-team <gnso-epdp-team(a)icann.org> Reply to: Jan Janssen <jjanssen(a)petillion.law> Date: Thursday, 3 June 2021 at 14:16 To: STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu>, "Kapin, Laureen" <LKAPIN(a)ftc.gov>, Caitlin Tubergen <caitlin.tubergen(a)icann.org>, Marika Konings <marika.konings(a)icann.org>, Berry Cobb <Berry.Cobb(a)icann.org> Cc: EPDP <gnso-epdp-team(a)icann.org> Subject: Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline All, I can only second that. I very much appreciate the time and efforts you put into this and the wish to speed up the process as much as possible. However, that should not be a reason to rush into the public comment period with an initial report that contains parts that are unacceptable to working group members. If we proceed on this basis, it would only complicate the dynamic within the working group and make the public comments less orderly and more difficult to manage. What are the consequences of a small delay compared to the impact of publishing a report that we know is unacceptable to WG members? Why has today's meeting been cancelled, while it could have been used to discuss these edits? With respect to the way in which Preliminary Rec #1 is written, the draft Initial Report does not accurately reflect the 'level of consensus for the recommendations presented in the Initial Report', as required by Section 11 of the PDP Manual. This (and the other issues) must be sorted out before the Initial Report is published for public comments. Best regards, Jan Janssen* jjanssen(a)petillion.law +32 486 48 39 94 www.petillion.law Attorneys - Advocaten - Avocats *Standing representative of Anlirosu bv, a private company with limited liability performing the legal services From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of STROUNGI Melina via Gnso-epdp-team <gnso-epdp-team(a)icann.org> Reply to: STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu> Date: Thursday, 3 June 2021 at 10:45 To: "Kapin, Laureen" <LKAPIN(a)ftc.gov>, Caitlin Tubergen <caitlin.tubergen(a)icann.org>, Marika Konings <marika.konings(a)icann.org>, Berry Cobb <Berry.Cobb(a)icann.org> Cc: EPDP <gnso-epdp-team(a)icann.org> Subject: Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Many thanks also from my side. I appreciate it was a difficult and time consuming task and thank you for the patience and efforts to find a middle ground. Without wanting to delay the process, I have to agree with Brian's remark that the way Preliminary Rec #1 is phrased is misleading. As it is at a prominent place at the beginning of the document and it states conclusively that no changes are recommended it may give the wrong impression to the reader. I believe most of us would feel more comfortable if it was slightly rephrased to capture that "despite some groups believing that such changes are needed, no consensus was received on this point and thus no changes have been made, but we welcome public comments on this point". I'm sorry; I know it must be frustrating as we want to publish this as soon as possible, but it is important to do it right. We have all devoted valuable time in the process and it is important that the text reflects this effort and the different voices heard. Best regards, Melina From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> On Behalf Of Kapin, Laureen via Gnso-epdp-team Sent: Thursday, June 3, 2021 5:35 AM To: Caitlin Tubergen <caitlin.tubergen(a)icann.org>; Marika Konings <marika.konings(a)icann.org>; Berry Cobb <Berry.Cobb(a)icann.org> Cc: gnso-epdp-team <gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Many thanks and appreciation to our excellent staff. I know that it was quite challenging to synthesize and organize our input for this closing lap of the initial report. I also realize that this work must have gobbled up weekend and holiday time. I'm sure I speak for the entire team when I acknowledge how fortunate we are to have the support of such dedicated and skilled colleagues. Hoping you all get some well deserved time off! Sent via phone. Please excuse typos and/or unintended auto-correct outcomes. Laureen Kapin Federal Trade Commission Begin forwarded message: From: Caitlin Tubergen via Gnso-epdp-team <gnso-epdp-team(a)icann.org> Date: June 2, 2021 at 6:03:00 PM PDT To: gnso-epdp-team(a)icann.org Subject: [Gnso-epdp-team] Initial Report - final version + redline Dear EPDP Team, As Keith noted earlier, Leadership and the Staff Support Team have considered the input from our last meeting as well as suggested edits received via the feedback form and via the list and updated the Initial Report accordingly. The Support Staff Team has submitted the Initial Report to the ICANN org internal team for publication. Attached, you will find the final Initial Report as well as the redline version where you can see all of the changes. Best regards, Berry, Marika, and Caitlin <EPDP Phase 2A - Initial Report FINAL - 2 June 2021.pdf> <EPDP Phase 2A - Initial Report FINAL - Redline - updated 2 June 2021.pdf> _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline
by Mark Svancarek (CELA) 03 Jun '21

03 Jun '21

Re-sending, this time including the cc line. From: Mark Svancarek (CELA) Sent: Thursday, June 3, 2021 6:23 AM To: Jan Janssen <jjanssen(a)petillion.law>; STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu>; Kapin, Laureen <LKAPIN(a)ftc.gov>; Caitlin Tubergen <caitlin.tubergen(a)icann.org>; Marika Konings <marika.konings(a)icann.org>; Berry Cobb <Berry.Cobb(a)icann.org> Subject: RE: [Gnso-epdp-team] Fwd: Initial Report - final version + redline The BC supports and encourages Melina's proposed edit and the previous proposed addition mentioned by Jan. /marksv From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org<mailto:gnso-epdp-team-bounces@icann.org>> On Behalf Of Jan Janssen via Gnso-epdp-team Sent: Thursday, June 3, 2021 5:35 AM To: STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu<mailto:Melina.STROUNGI@ec.europa.eu>>; Kapin, Laureen <LKAPIN(a)ftc.gov<mailto:LKAPIN@ftc.gov>>; Caitlin Tubergen <caitlin.tubergen(a)icann.org<mailto:caitlin.tubergen@icann.org>>; Marika Konings <marika.konings(a)icann.org<mailto:marika.konings@icann.org>>; Berry Cobb <Berry.Cobb(a)icann.org<mailto:Berry.Cobb@icann.org>> Cc: EPDP <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Subject: [EXTERNAL] Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Also, the draft Initial Report does not reflect the proposed addition with respect to the EDPB letter of July 2018, which provides: "The GDPR does not apply to the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person." This should be added to the quote. As currently written, the quote from the EDPB letter is out of context. This comment was made within the "deadline" on 1 June 2021, but might have missed your attention. Best regards, Jan Janssen* jjanssen(a)petillion.law<mailto:jjanssen@petillion.law> +32 486 48 39 94 www.petillion.law<http://www.petillion.law> [cid:image001.png@01D75850.E926EFB0]<https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.petil…> Attorneys - Advocaten - Avocats *Standing representative of Anlirosu bv, a private company with limited liability performing the legal services From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org<mailto:gnso-epdp-team-bounces@icann.org>> on behalf of Jan Janssen via Gnso-epdp-team <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Reply to: Jan Janssen <jjanssen(a)petillion.law<mailto:jjanssen@petillion.law>> Date: Thursday, 3 June 2021 at 14:16 To: STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu<mailto:Melina.STROUNGI@ec.europa.eu>>, "Kapin, Laureen" <LKAPIN(a)ftc.gov<mailto:LKAPIN@ftc.gov>>, Caitlin Tubergen <caitlin.tubergen(a)icann.org<mailto:caitlin.tubergen@icann.org>>, Marika Konings <marika.konings(a)icann.org<mailto:marika.konings@icann.org>>, Berry Cobb <Berry.Cobb(a)icann.org<mailto:Berry.Cobb@icann.org>> Cc: EPDP <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Subject: Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline All, I can only second that. I very much appreciate the time and efforts you put into this and the wish to speed up the process as much as possible. However, that should not be a reason to rush into the public comment period with an initial report that contains parts that are unacceptable to working group members. If we proceed on this basis, it would only complicate the dynamic within the working group and make the public comments less orderly and more difficult to manage. What are the consequences of a small delay compared to the impact of publishing a report that we know is unacceptable to WG members? Why has today's meeting been cancelled, while it could have been used to discuss these edits? With respect to the way in which Preliminary Rec #1 is written, the draft Initial Report does not accurately reflect the 'level of consensus for the recommendations presented in the Initial Report', as required by Section 11 of the PDP Manual. This (and the other issues) must be sorted out before the Initial Report is published for public comments. Best regards, Jan Janssen* jjanssen(a)petillion.law<mailto:jjanssen@petillion.law> +32 486 48 39 94 www.petillion.law<http://www.petillion.law> [cid:image002.png@01D75850.E926EFB0]<https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.petil…> Attorneys - Advocaten - Avocats *Standing representative of Anlirosu bv, a private company with limited liability performing the legal services From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org<mailto:gnso-epdp-team-bounces@icann.org>> on behalf of STROUNGI Melina via Gnso-epdp-team <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Reply to: STROUNGI Melina <Melina.STROUNGI(a)ec.europa.eu<mailto:Melina.STROUNGI@ec.europa.eu>> Date: Thursday, 3 June 2021 at 10:45 To: "Kapin, Laureen" <LKAPIN(a)ftc.gov<mailto:LKAPIN@ftc.gov>>, Caitlin Tubergen <caitlin.tubergen(a)icann.org<mailto:caitlin.tubergen@icann.org>>, Marika Konings <marika.konings(a)icann.org<mailto:marika.konings@icann.org>>, Berry Cobb <Berry.Cobb(a)icann.org<mailto:Berry.Cobb@icann.org>> Cc: EPDP <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Subject: Re: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Many thanks also from my side. I appreciate it was a difficult and time consuming task and thank you for the patience and efforts to find a middle ground. Without wanting to delay the process, I have to agree with Brian's remark that the way Preliminary Rec #1 is phrased is misleading. As it is at a prominent place at the beginning of the document and it states conclusively that no changes are recommended it may give the wrong impression to the reader. I believe most of us would feel more comfortable if it was slightly rephrased to capture that "despite some groups believing that such changes are needed, no consensus was received on this point and thus no changes have been made, but we welcome public comments on this point". I'm sorry; I know it must be frustrating as we want to publish this as soon as possible, but it is important to do it right. We have all devoted valuable time in the process and it is important that the text reflects this effort and the different voices heard. Best regards, Melina From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org<mailto:gnso-epdp-team-bounces@icann.org>> On Behalf Of Kapin, Laureen via Gnso-epdp-team Sent: Thursday, June 3, 2021 5:35 AM To: Caitlin Tubergen <caitlin.tubergen(a)icann.org<mailto:caitlin.tubergen@icann.org>>; Marika Konings <marika.konings(a)icann.org<mailto:marika.konings@icann.org>>; Berry Cobb <Berry.Cobb(a)icann.org<mailto:Berry.Cobb@icann.org>> Cc: gnso-epdp-team <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Subject: [Gnso-epdp-team] Fwd: Initial Report - final version + redline Many thanks and appreciation to our excellent staff. I know that it was quite challenging to synthesize and organize our input for this closing lap of the initial report. I also realize that this work must have gobbled up weekend and holiday time. I'm sure I speak for the entire team when I acknowledge how fortunate we are to have the support of such dedicated and skilled colleagues. Hoping you all get some well deserved time off! Sent via phone. Please excuse typos and/or unintended auto-correct outcomes. Laureen Kapin Federal Trade Commission Begin forwarded message: From: Caitlin Tubergen via Gnso-epdp-team <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Date: June 2, 2021 at 6:03:00 PM PDT To: gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org> Subject: [Gnso-epdp-team] Initial Report - final version + redline Dear EPDP Team, As Keith noted earlier, Leadership and the Staff Support Team have considered the input from our last meeting as well as suggested edits received via the feedback form and via the list and updated the Initial Report accordingly. The Support Staff Team has submitted the Initial Report to the ICANN org internal team for publication. Attached, you will find the final Initial Report as well as the redline version where you can see all of the changes. Best regards, Berry, Marika, and Caitlin <EPDP Phase 2A - Initial Report FINAL - 2 June 2021.pdf> <EPDP Phase 2A - Initial Report FINAL - Redline - updated 2 June 2021.pdf> _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team(a)icann.org<mailto:Gnso-epdp-team@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdp-team<https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefens…> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy<https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefens…>) and the website Terms of Service (https://www.icann.org/privacy/tos<https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefens…>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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Fwd: Initial Report - final version + redline
by Kapin, Laureen 03 Jun '21

03 Jun '21

Many thanks and appreciation to our excellent staff. I know that it was quite challenging to synthesize and organize our input for this closing lap of the initial report. I also realize that this work must have gobbled up weekend and holiday time. I’m sure I speak for the entire team when I acknowledge how fortunate we are to have the support of such dedicated and skilled colleagues. Hoping you all get some well deserved time off! Sent via phone. Please excuse typos and/or unintended auto-correct outcomes. Laureen Kapin Federal Trade Commission Begin forwarded message: From: Caitlin Tubergen via Gnso-epdp-team <gnso-epdp-team(a)icann.org> Date: June 2, 2021 at 6:03:00 PM PDT To: gnso-epdp-team(a)icann.org Subject: [Gnso-epdp-team] Initial Report - final version + redline Dear EPDP Team, As Keith noted earlier, Leadership and the Staff Support Team have considered the input from our last meeting as well as suggested edits received via the feedback form and via the list and updated the Initial Report accordingly. The Support Staff Team has submitted the Initial Report to the ICANN org internal team for publication. Attached, you will find the final Initial Report as well as the redline version where you can see all of the changes. Best regards, Berry, Marika, and Caitlin <EPDP Phase 2A - Initial Report FINAL - 2 June 2021.pdf> <EPDP Phase 2A - Initial Report FINAL - Redline - updated 2 June 2021.pdf> _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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