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

Tomorrow
by Thomas Rickert (eco) Jan. 15, 2019

Jan. 15, 2019

Hi all, sorry for using the mailing list for this, but I think I have not mentioned that I can only fly out tomorrow a.m. I will land around 12.30 and then join as fast as possible. Best, Thomas ======== rickert.net PS - Sent from my cell. Please excuse typos and brevity.

1 0

Fwd: [Ext] Legal Service Procurement
by Kurt Pritz Jan. 15, 2019

Jan. 15, 2019

Hi Everyone: Please see Dan Halloran’s email below regarding the procurement of a legal advisor for our team. I spoke to John Jeffrey and he confirmed that Ruth Boardman will be present in Toronto but I do not yet know the extent of her presence or availability. Dan has offered Ruth the initial report for review, pointing to the questions that are posed there. So Ruth will have some familiarity with the issues coming into the meeting. I will recommend that the EPDP Legal Team meet with Ruth Boardman near the outset of the meeting to review the questions we have and in order to iterate them a bit. We might be able to get some preliminary inputs to inform our discussion at that point. Also, Ruth should spend some considerable time with the plenary toward the middle of the meeting, say half of the session Tuesday so she can observe the discussion and pose / receive questions. Finally, I hope she can meet with the legal team again toward the end to firm up initial answers provided in the first discussion and have a briefing on new issues raised. So, pretty good news. I have a few more points. In thinking about how to work with this I attempted to balance our opportunity to interact with legal counsel against our need to avoid distractions and keep our mind focused on the issues at hand. I prefer no disruptions at this point but the opportunity to work with legal counsel in a face-to-cae manner is important. Also, I am concerned about taking the Legal Team, nine key members, out of the plenary discussion to meet with outside counsel. I propose the answer to this might the creation of a parallel small team to review and consider data elements and data flows in detail. I think this is an equally important issue but one that might not capture the fascination of everyone. It seems like a good division of interests: legal and data. We can run these two meetings coincidentally for a couple hours. In another approach to find time for the Legal Team, The Legal Team might meet with Ruth at breakfast or dinner. We are checking Ruth’s availability for this . I hope you find this useful. See you soon. Kurt > Begin forwarded message: > > From: Daniel Halloran <daniel.halloran(a)icann.org> > Subject: Re: [Ext] Legal Service Procurement > Date: January 10, 2019 at 3:08:01 PM PST > To: Kurt Pritz <kurt(a)kjpritz.com> > Cc: John Jeffrey <john.jeffrey(a)icann.org>, "gnso-epdp-legal(a)icann.org" <gnso-epdp-legal(a)icann.org> > > Thank you Kurt and the rest of the EPDP Legal Team. > > We are pleased to inform you that ICANN org has retained the law firm of Bird & Bird as an additional expert to help advise on GDPR matters, including advising the EPDP Team. Bird & Bird is a leading international law firm with over 1300 lawyers in 29 offices across Europe, the Middle East, Asia-Pacific and North America with a highly regarded International Privacy & Data Protection Group that advises clients throughout the world. <https://www.twobirds.com/en/practice-areas/privacy-and-data-protection <https://www.twobirds.com/en/practice-areas/privacy-and-data-protection>> > > The engagement will be led by Ruth Boardman, who jointly heads Bird & Bird’s International Privacy and Data Protection Group and has extensive experience advising public and private sector organizations on data privacy matters, including representing them on their dealings with Data Protection Authorities and the EU’s Article 29 Working Party, now the European Data Protection Board. <https://www.twobirds.com/en/our-lawyers/r/ruth-boardman1 <https://www.twobirds.com/en/our-lawyers/r/ruth-boardman1>> > > ICANN has used the services of Bird & Bird in the past for public advice to the community Thick WHOIS Implementation Review Team, which included a written memorandum as well as attending a meeting of the Implementation Review Team to provide direct responses and engagement with the community as they worked to finalize implementation plans for transitioning gTLDs from “thin” WHOIS to “thick” WHOIS. Given the positive experience with working with Bird & Bird on this public advice, Bird & Bird’s understanding of ICANN and its ecosystem, as well as its deep expertise in international privacy and data protection matters, we expect that Ruth and the Bird & Bird team can help provide additional expertise that will advance the efforts of ICANN org and the GNSO Expedited PDP Team. > > Thank you for your attention. I look forward to seeing you all in Toronto next week. > > Best regards, > Dan > > >> On Jan 6, 2019, at 6:26 PM, Kurt Pritz <kurt(a)kjpritz.com <mailto:kurt@kjpritz.com>> wrote: >> >> Hi Dan: >> >> To keep the ball rolling on the procurement of legal services, I am attaching a document to aid in the effort. The doc is a compilation of the SOW written by Stephanie and Diane, as well as note on Conflict (by Margie) and on possible efficiencies by Thomas. >> >> Please let me know the extent to which this is successful and what else is required. >> >> To the Legal Team, I apologize that this document does not encompass all the thought that has gone into this effort or did not consult with you on this document but I wanted to get something to ICANN to expedite the procurement. We can continue to augment this material as the procurement continues. >> >> Best regards, >> >> Kurt >> >> <EPDP Legal SOW.docx> >

2 1

Requested Agenda Items for Upcoming EPDP F2F
by Rosette, Kristina Jan. 15, 2019

Jan. 15, 2019

All, I'm writing to request that 3 specific items be included in the agenda for our upcoming F2F next week: 1. Discuss and develop recommendation for addressing the period of time between the Temporary Specification's May 25 expiration and implementation of the remaining EPDP WG policy recommendations approved by the Board; 2. When and how the EPDP WG will conduct/hold its consensus calls; and 3. Quick review and disposition of all the items left in the "parking lot" thus far. Many thanks! K Kristina Rosette Senior Corporate Counsel, IP - Domains rosettek(a)amazon.com<mailto:rosettek@amazon.com> | 703.407.1354

5 6

Additional information about the concept of independent controllership
by Trang Nguyen Jan. 15, 2019

Jan. 15, 2019

Dear EPDP Team, As noted on previous calls, we’ve prepared a working draft document for review and consideration by the EPDP Team to provide additional information about the concept of independent controllership. We hope that this document will help further our discussions in Toronto and the coming weeks about the roles and responsibilities of the parties as joint controllers/independent controllers/processors/etc. We hope you find this to be helpful and look forward to our discussions this week. Best, Dan and Trang ICANN Org Liaisons

1 0

face to face meeting details
by Anderson, Marc Jan. 14, 2019

Jan. 14, 2019

Kurt and leadership team, As we prepare for the face to face meeting in Toronto next week I have a couple suggestions/requests. Managing the queue: can we please use Adobe to manage the queue? In LA and especially in Barcelona Adobe wasn't used which led to issues that we just don't have when using Adobe. We are all used to using Adobe, lets stick with that for the face to face. Adobe Chat: along similar lines, in Barcelona, Adobe chat was either discouraged or not available. As a result we had much longer queues. It also led to many cases of jumping the queue to "correct the record". I know chairing or otherwise facilitating a meeting and keeping up with chat is essentially impossible, but the meeting chat is a valuable tool and helps move discussions along. We are all used to using Adobe chat and I thought not having it in Barcelona hampered progress. Also I think everyone understands when the chair has to pause to catch up on chat. Breaks and meeting pauses: On yesterday's Team B call initially when we got to the discussion on Purpose 5 (compliance) no one had any comments. Kudos to Brian who suggested we pause for 5 minutes so people could review. It wasn't an issue of Team B members not being prepared, we just have a lot of topics and issues on our plates and needed a moment. We ended up having an excellent discussion following the 5 minute pause and generally agreed to revised language for the recommendation. When considering the agenda for the face to face, please make sure you are accounting for time for people to take breaks, sync up with team members and refresh their memories on discussion topics. Thanks, Marc Marc Anderson mcanderson(a)verisign.com<mailto:mcanderson@verisign.com> Cell: 571.521.9943 Office: 703.948.3404 12061 Bluemont Way, Reston, VA 20190 Verisign.com<http://www.verisign.com/>

8 11

GNSO Chair Message to EPDP WG
by Rafik Dammak Jan. 14, 2019

Jan. 14, 2019

Hi all, please find below GNSO Chair message the EPDP team. Best, Rafik ---------- Forwarded message --------- From: Drazek, Keith Date: lun. 14 janv. 2019 à 21:04 Subject: GNSO Chair Message to EPDP WG To: Hi Kurt, Rafik and Marika, Please forward this email to the EPDP WG list. Regards, Keith ————————————— Dear EPDP WG members, As you approach your in-person meeting in Toronto next week, I wanted to take this opportunity to acknowledge the substantial work and sacrifice you all have made over the last several months, and to encourage your continued constructive engagement in working towards a consensus policy recommendation. As the manager of the GNSO policy development process and this Expedited PDP, the GNSO Council is keenly aware of the intensity and complexity of your work and the unique and challenging circumstances imposed by the Temporary Specification’s May 2019 expiration. Your ongoing work is unprecedented in ICANN and GNSO policy-making history, and your dedication and continued contributions are both apparent and very much appreciated. In acknowledging the deadline imposed by the Temp Spec and the necessary timelines in your EPDP project plan, I recognize the importance of your upcoming face-to-face meeting. In observing the work of the EPDP, I’ve noted how productive the in-person engagements have been, and I am confident your Toronto meeting will be no different. As you all know, this session comes at a critical time for your work and the timely delivery of a consensus policy recommendation to the GNSO Council and ultimately to the ICANN Board for approval. In the spirit of our multi-stakeholder, bottom-up, consensus-based policy-making process, I encourage each of you to take this opportunity to continue working together collaboratively and collegially in reaching a timely consensus recommendation. I am confident your work product will be an example of the ICANN community’s ability and capacity to deliver under challenging circumstances, and proof of the value of our multi-stakeholder model. Thank you all very much for your work and dedication to this critical process. With sincere regards, Keith Drazek GNSO Chair

1 0

Prioritization of F2F Topics Survey
by Caitlin Tubergen Jan. 12, 2019

Jan. 12, 2019

Dear All, In order to help inform the EPDP Team Leadership's development of the agenda for the F2F meeting in Toronto, each group may voluntarily rank the different purposes and recommendations below that are currently slated for EPDP Team review. Please find the link to the survey here: https://www.surveymonkey.com/r/GN7YN8X In prioritizing these topics, please consider the topics that both (1) MUST be addressed and resolved prior to the Team’s provision of its Final Report on the Temporary Specification, AND (2) should be discussed in a F2F manner, if possible. Topics not falling into the above may, for example, be handled outside of the F2F meeting in Team teleconferences or handled in Phase 2 of the Team’s work. This poll is intended to be informative and should not be construed as a vote on what will and what will not be on the agenda for the F2F meeting as that is a determination the leadership team will ultimately make. (Note: topics previously covered by the small teams have not been included in this survey, but you can call these out in the comment box if you believe any of the topics do require EPDP Team consideration during the F2F meeting.) If you choose to respond to the survey, please do so by COB Monday, 14 January. Thank you. Best regards, Marika, Berry, and Caitlin

2 1

Small Team Conclusions
by Kurt Pritz Jan. 12, 2019

Jan. 12, 2019

Hi Everyone: Thank you to the Small Teams for their participation and work this week. Attached, you will find the first compilation of the conclusions reached by the Small Teams. This first compilation is of those topics where Small Teams A or B agreed on a conclusion either to keep the Recommendation wording as it appears in the Initial Report or agreed to an amendment based upon public comment. Remember that the Small Teams reviewed and discussed the public comments of those Recommendations that appeared to be un- or less controversial. They worked to identify any issues or new information raised in the public comment that warranted further discussion within the Small Team. If the Small Team agreed on the existing text or proposed edit(s), these agreements were catalogued by the Support Staff for the purpose of sharing with the full EPDP Team. To facilitate your review, the Support Team has compiled the Small Teams’ conclusions into a packet organized by Recommendation and specifically identifying for each: (1) The Initial Report Language of the purpose/recommendation (2) The proposed updated language of the purpose/recommendation (or confirmation of the existing language) (3) Small Team’s rationale (For a complete review of the small team’s deliberations and considerations, please refer to the notes, action items and recordings that were shared with the full EPDP Team mailing list and posted to the wiki.) The second packet, to be delivered soon, covers cases where the Small Team did not agree on wording or where it agreed on wording to address part of the concerns but not all. In this work, specific issues were captured to help the full group in its deliberation. We request that each stakeholder group, as one, review the Small Team conclusions for discussion at the meeting in Toronto with the goal that we can approve some / all of these conclusions without discussion. The Small Teams were designed to have representation from each group within the EPDP Team, with the goal that the full group would afford these agreements with a degree of deference. In the event, however, that you identify an issue with any of the attached agreements, please respond with the specific issue and a proposed resolution to the EPDP list. TIMING: To achieve the intended benefit of this work, each Team stakeholder group is tot review the packet and identify issues or disagreements (if any) in time for closure in Toronto. Given that we are on the eve of the meeting, we can allot time for the groups to deliberate once in Toronto. However, please review this packet beforehand as we think we can dispose of this set of recommendations with little or no discussion. Thank you in advance for your attention to this work, and we look forward to seeing you in Toronto! Best regards, Kurt

1 0

ICANN org's questions on EPDP Initial Report
by Trang Nguyen Jan. 11, 2019

Jan. 11, 2019

Dear EPDP Team, Congratulations on meeting an important milestone with the publication of the Initial Report. In reviewing the Initial Report against the Temporary Specification to better understand what changes the EPDP Team is recommending, ICANN org identified some clarifying questions that we'd like to bring to the EPDP Team to address along with other questions and comments submitted through the public comment forum. As discussions progress, ICANN org may have additional questions. Please consider the comparisons to be drafts and if there are any mistakes, please let us know. Happy holidays! Cheers, Dan and Trang ICANN Org Liaisons

2 1

Recordings, Attendance & AC Chat / GNSO Temp Spec gTLD RD EPDP-Small Team A / Thursday, 10 January 2019
by Andrea Glandon Jan. 11, 2019

Jan. 11, 2019

Dear all, Please find the attendance and AC chat attached to this email, and the MP3 and AC recording below from the GNSO Temp Spec gTLD RD EPDP Small Team A call held on Thursday, 10 January 2019 at 14:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/ko4WBg MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-a-10jan19-en.mp3 <https://urldefense.proofpoint.com/v2/url?u=https-3A__audio.icann.org_gnso_g…> AC Recording: https://participate.icann.org/p3vb30oia4a/<https://participate.icann.org/p3vb30oia4a/?OWASP_CSRFTOKEN=96c17a3661647f53…> ** Please let me know if your name has been left off the list ** Mailing list archives of the GNSO Temp Spec gTLD RD EPDP : https://mm.icann.org/pipermail/gnso-epdp-team/ Main wiki page for the working group: https://community.icann.org/x/IYEpBQ Thank you. Kind Regards, Andrea Glandon

1 0