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FW: [gnso-secs] Fwd: Re: Next face-to-face meeting
by Terri Agnew Oct. 26, 2018

Oct. 26, 2018

Sent on behalf of Ayden. ---------- Forwarded message ---------- From: Ayden Férdeline<icann(a)ferdeline.com<mailto:icann@ferdeline.com>> Date: On Fri, Oct 26, 2018 at 11:33 Subject: Fwd: Re: [Gnso-epdp-team] Next face-to-face meeting To: Kurt Pritz <kurt(a)kjpritz.com<mailto:kurt@kjpritz.com>> Cc: GNSO EPDP <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Hi Kurt, Thanks for sharing this information with us. I tend to think the second week of January would be the best time for this meeting to take place, as we will then be able to review the public comments that have been received on our initial report. Depending on the location of the face-to-face, a meeting in December may be too soon for those who need to apply for a visa. Personally, I am unavailable 3-13 December because of another commitment. But I appreciate we all have many commitments at the moment and it may not be possible to accommodate all of our schedules. Kind regards, Ayden Férdeline On 26 Oct 2018, at 07:48, Kurt Pritz <kurt(a)kjpritz.com<mailto:kurt@kjpritz.com>> wrote: Hi Everyone: Thank you again for your time, effort and thought during the ICANN meeting. While others were visiting the various great sites that Barcelona has to offer, we were all not visiting the various great sites that Barcelona has to offer. Yesterday, I met with Nick Tomasso who heads the ICANN meetings team to develop some options for the next face-to-face meeting. At various times during the past week, many of you approached me with the following points: * Our results are significantly better in a face-to-face format * The proverbial clock is ticking * We should strive to maintain the momentum we have, therefore * We should hold our next meeting as soon as possible. With that in mind, Nick said he could support the following two options, a meeting * In the first or second week in December * In the second or third week of January [Meetings less than 90 days away require Göran's approval, but Nick believes he can obtain this. Nick is checking on venues with which he is familiar in Brussels now, although the meeting location is not certain.] I am of two minds on this but do have an opinion and would appreciate your feedback over the next few days so that I can get back to Nick the first of next week. 1) The January meeting is more or less timed for us to take into account the first round of public comment. 2) Te December meeting allows us to keep working after the initial report is issued (or to wrap up the initial report in the worse case). I think the December meeting is the better option for us. We are not going to stand down after the initial report is issued. There is a lot of work to be done. It is better, I think, to meet and consider unsettled issues, rather than meet to discuss the effect of public comment. If we are serious about finishing on time, I don't think we can stop. So despite the inconvenience (and it will be very inconvenient for me), I think we should meet sooner rather than later. Of course, this all depends on the ICANN meetings team pulling this off, which is no small feat, Let me know your thoughts, I will write to Nick on Tuesday. Best regards, Kurt

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Proposed Agenda for Thursday's EPDP Team meeting
by Marika Konings Oct. 24, 2018

Oct. 24, 2018

Dear All, Please find below the proposed agenda for Thursday’s EPDP Team Meeting which is scheduled from 8.30 – 10.15. Best regards, Caitlin, Berry and Marika EPDP Team Meeting – 25 October 2018 1. Data redaction (see attached) 2. Review updated timeline to produce Initial Report (see attached) 3. Review Working methods going forward 4. Outstanding action items / charter questions Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Small team #1 draft responses and preliminary recommendations for review
by Marika Konings Oct. 24, 2018

Oct. 24, 2018

Dear EPDP Team, In preparation for tomorrow’s EPDP Team meeting which will take place from 17.00 – 18.30 (see https://63.schedule.icann.org/meetings/901653) a sub set of small team #1 (legal vs. natural) got together and collaborated on the proposed EPDP Team responses and preliminary recommendations in relation to this topic which you will find below for your consideration. Best regards, Caitlin, Berry and Marika =============== Small Team #1 – Legal vs. Natural Person h) Applicability of Data Processing Requirements – Draft responses h3) Should Contracted Parties be allowed or required to treat legal and natural persons differently, and what mechanism is needed to ensure reliable determination of status? We seem to have agreed that yes, contracted parties should be allowed to treat legal and natural persons differently but the mechanism by which this should or can be done should be further explored. h4) Is there a legal basis for Contracted Parties to treat legal and natural persons differently? We agreed that under GDPR there is a legal basis. While the focus of this EPDP is GDPR compliance, we did note that not all jurisdictions have this same distinction so we have to make sure our policy recommendations are flexible enough to take this into account. h5) What are the risks associated with differentiation of registrant status as legal or natural persons across multiple jurisdictions? (See EDPB letter of 5 July 2018). The main risk seems to be that while legal persons don’t have the same protections under GDPR, natural persons employed by a legal person (and who may be designated as the registrant, admin or technical contact) are still natural persons with rights/protection under GDPR. This risk may be minimized through educational resources as recommended below. [further flesh out risks: James Bladel to provide proposed language] Proposed Preliminary Policy Recommendation for inclusion in the Initial Report The EPDP Team recommends that: * The distinction between legal and natural persons is useful and necessary for GDPR and some other data protection laws. * However, the EPDP Team recognizes that there are challenges in making this distinction in the context of domain name registrations as well as the potential implementation of any new functionality that would apply to pre-existing registrations. * Additionally, other jurisdictions may have other categories of protected groups that would need to be factored in. * The EPDP Team recommends that GDD staff who will be tasked with the implementation of these policy recommendations commence research by investigating how ccTLDs and contracted parties currently distinguish between natural and legal persons to inform the EPDP Team. * Following the receipt of the research, the EPDP Team will explore in a timely manner how this distinction can be made in the context of domain name registrations in a satisfactory way. * The EPDP Team should also consider the timeline needed to implement, which could follow a phased approach whereby implementation would start immediately following completion of the further work and agreement on a satisfactory manner to distinguish between legal and natural persons for new registrations while existing registrations would be phased in upon renewal or by other means. * The EPDP Team should also consider which data fields (if any) need to be added to accomplish this distinction. This could require further liaising with the IETF if data fields in RDAP need to be added or changed. * The EPDP Team recommends that, as a best practice, registries, registrars and ICANN each develop (educational) resources available that help registrants understand the distinction between a domain name that is registered by a natural person vs. legal person / entity. These resources and communications should also encourage legal persons to provide non-personal information for their email address and other contact information. Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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For your review - Responsible parties in relation to data processing
by Marika Konings Oct. 24, 2018

Oct. 24, 2018

Dear EPDP Team, To facilitate your review of the responsible parties in relation to data processing, please find attached a summary overview of the current designations in the different data elements workbooks. We’ve also included the definitions from the GDPR of the different roles as well as a further explanation of the concept of joint controllers and their obligations. It would be helpful if you could flag any concerns you have in relation to the current designations so that these can be further reviewed by the EPDP Team. Please indicate which designations, if any, should be further considered by Monday 28 October at the latest so that these can be further discussed during next week’s EPDP Team meetings. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Proposed agenda and related materials for Wednesday's EPDP Team meeting
by Marika Konings Oct. 23, 2018

Oct. 23, 2018

Dear EPDP Team, Please see below the proposed agenda for tomorrow’s EPDP Team meeting. Best regards, Caitlin, Berry and Marika ===================== EPDP Team Meeting – Wednesday 24 October 2018 – 17.00 – 18.30 1. Small team #1 output – Review proposed responses to charter questions and preliminary recommendations – see attached (15 min) 2. Small team #2 output – Review proposed responses to charter questions – see attached (15 min) 3. Small team #3 output – Review proposed preliminary recommendations – see attached (15 min) 4. Review updated timeline to produce Initial Report – see attached (15 min) 5. Review working methods going forward (15 min) 6. AOB Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Small team actions
by Kurt Pritz Oct. 22, 2018

Oct. 22, 2018

To follow on to Marie’s email: If any of the groups mentioned below can break away for part of the day tomorrow, Gina will make herself available. Since it is constituency day, I am thinking you might be available, early, at lunch, or late. While it is difficult to coordinate, please make the effort to check with others in your group and determine if you can gather ate some time tomorrow. As we are losing Gina at the end of the day tomorrow, I wish to take advantage of this opportunity. If it is helpful, we can send some of the previous compromise language that was earlier developed by each of the small groups so you can use that as a starting point. Thanks and regards, Kurt > > > Dear EPDP Team, > > As discussed yesterday, the leadership team hopes to make progress on the small team topics during our meeting on Wednesday and Thursday. In order to do so, there are a couple of asks for those that participated in the small team: > > Small team #1: Applicability of Data Processing Requirements - natural vs. legal person (Charter Question H) > Participants: Alan Greenberg (ALAC), Alex Deacon (IPC), Ashley Heineman (GAC), Ben Butler (SSAC), James Bladel (RrSG), Lindsay Hamilton-Reid (RrSG), Marc Anderson (RySG), Margie Milam (BC) > > Requested Action small team #1: representatives of the IPC, BC, GAC, RrSG and RySG to meet to further discuss possible draft policy recommendation in relation to this topic, factoring in positions expressed to date. The proposed policy recommendations are to be shared with the EPDP Team in advance of Wednesday’s meeting. > > Small team #2: Applicability of Data Processing Requirements - Geographic basis (Charter Question H) > Participants: Amr Elsadr, Diane Plaut, Emily Taylor, Hadia Elminiawi, Kristina Rosette, Margie Milam, Rafik Dammak, Rahul Gosain, Thomas Rickert > > Requested Action small team #2: small team participants to further consider draft responses and consider how these could be translated into policy recommendations for inclusion into the Initial Report. The proposed policy recommendations are to be shared with the EPDP Team in advance of Wednesday’s meeting. > > Small team #3: Temporary Specification and Reasonable Access (Charter Question J) > Participants: Alan Woods (RySG), Alex Deacon (IPC), Ashley Heineman (GAC), Benedict Addis (SSAC), Farzaneh Badii (NCSG), Hadia Elminiawi (ALAC), Kurt Pritz (Chair), Mark Svancarek (BC), Rafik Dammak (GNSO Council Liaison), Thomas Rickert (ISPCP), Volker Greimann (RrSG Alternate) > > Requested Action small team #3: small team members to socialize the draft policy recommendation developed by the small team with their respective groups and share any concerns prior to Wednesday’s meeting. > > To review the small team summaries, please see: 13. Small teams #1 #2 #3 status update - 15 Oct 2018 <https://community.icann.org/download/attachments/96207825/13.%20Small%20tea…>. > > Best regards, > > Caitlin, Berry and Marika > > Marika Konings > Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) > Email: marika.konings(a)icann.org <mailto:marika.konings@icann.org> > > Follow the GNSO via Twitter @ICANN_GNSO > Find out more about the GNSO by taking our interactive courses <https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>. > > _______________________________________________ > GNSO-EPDP-Lead mailing list > GNSO-EPDP-Lead(a)icann.org <mailto:GNSO-EPDP-Lead@icann.org> > https://mm.icann.org/mailman/listinfo/gnso-epdp-lead <https://mm.icann.org/mailman/listinfo/gnso-epdp-lead>

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Updated version of data elements workbook for Purpose A posted
by Marika Konings Oct. 22, 2018

Oct. 22, 2018

Dear EPDP Team, Please note that an updated version of the data elements workbook for Purpose A has been posted on the wiki page for your review: https://community.icann.org/x/5AC8BQ. In addition to the updates agreed during yesterday’s meeting, staff has made further editorial updates to ready the document for publication in the Initial Report (for example, taking out references to small team inputs as well as referencing relevant Bylaws sections). As a reminder, the contracted parties committed to providing feedback on the language that has been stricken out in the purpose statement by the end of Constituency Day (Tuesday). Staff will continue working through the other data elements workbooks in a similar manner and will alert you as these get posted. The deadline to flag any concerns / issues is Friday 26 October at the latest so that any issues can be addressed as soon as possible thereafter. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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ICANN Org response to question re. use of WHOIS data by OCTO
by Marika Konings Oct. 22, 2018

Oct. 22, 2018

Dear EPDP Team, Please find hereby the response of ICANN Org to the question in relation to use of WHOIS data by OCTO: QUESTION: Further input is requested to explore how WHOIS was used before the Temp Spec was adopted, in OCTO's activities. The original Org response does not address that issue. For example, did OCTO use WHOIS in its law enforcement training and outreach activities, or engagement with the cybersecurity community, or to facilitate or respond to large scale botnet attacks, such as Conficker or Avalanche? Individual members may follow up with the CTO for follow up questions, if available at ICANN63. RESPONSE: Regarding the EPDP Team’s follow-up question on how OCTO used WHOIS data for training and outreach activities, prior to the effective date of the Temporary Specification, use of WhOIS data to identify the registrant and the technical data related to a domain name was part of the training materials. The training showed how one could use WHOIS data to attempt to contact a registrant or the hosting provider in cases of compromised machines, etc. Since the Temporary Specification became effective, the training no longer shows one how to use public WHOIS data to contact a registrant, instead as part of the training, a brief overview of where the policy discussions are and how people can get involved in the discussion is provided. The EPDP Team’s follow-up question also asks how OCTO used WHOIS data for engagement with cybersecurity community, or to facilitate or respond to large scale botnet attacks, such as Conficker or Avalanche. Conficker, Andromeda and other large-scale actions are typically managed by the Law Enforcement agencies, not OCTO. OCTO’s role in those activities does not involve the use of personal data in WHOIS. Those Law Enforcement agencies would be better placed to discuss their operational procedures and the effect of the Temporary Specification on their operations. The response will be posted here: https://community.icann.org/x/ahppBQ. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Re: [Gnso-epdp-team] Final HIT Slide Deck and slide / time allocation
by Marika Konings Oct. 22, 2018

Oct. 22, 2018

Note that a couple of minor updates were made to the slide deck (see attached). Presenters are requested to gather at the room 20 minutes prior to the start of the meeting. Best regards, Caitlin, Berry and Marika From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Marika Konings <marika.konings(a)icann.org> Date: Monday, October 22, 2018 at 9:59 AM To: EPDP <gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Final HIT Slide Deck and slide / time allocation Dear EPDP Team, Following yesterday’s meeting, please find below the allocation of slides and times for the different parts of the presentation. Attached you will find the updated slide deck which hopefully addresses all input provided. As a reminder, those EPDP Team members not presenting are requested to sit in the front row seats so that during the Q & A session it will be easy for Kurt to identify who wants to respond from the perspective of the EPDP Team as a whole. Best regards, Caitlin, Berry and Marika High Interest Topic Session – Monday 22 October from 15.15 – 16.45 in room 111/112 Topic Speaker Slides Time Welcome/Intro Kurt 1-4 3 minutes Team Composition + Timeline Rafik 5-6 3 minutes Scope + Triage Report Kurt 6-7 3 minutes Tools + Methods Thomas 8, 9, blank workbook 6 minutes Initial Report Kurt 10 3 minutes Purposes for Processing Data Alan W. 11 – 13 4 minutes Lawful Basis Diane 14 4 minutes Data Processing Activities + Data Elements Matrix Amr 15 – 17 4 minutes Small Teams Emily 18 – 19 4 minutes Expected Next Steps + Q&A Moderator + Wrap Kurt 20 – 22 56 minutes Data Processing Terms + URS/UDRP* N/A 23 - 28 N/A *These slides are included as reference material but will not be presented during the session. Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Final HIT Slide Deck and slide / time allocation
by Marika Konings Oct. 22, 2018

Oct. 22, 2018

Dear EPDP Team, Following yesterday’s meeting, please find below the allocation of slides and times for the different parts of the presentation. Attached you will find the updated slide deck which hopefully addresses all input provided. As a reminder, those EPDP Team members not presenting are requested to sit in the front row seats so that during the Q & A session it will be easy for Kurt to identify who wants to respond from the perspective of the EPDP Team as a whole. Best regards, Caitlin, Berry and Marika High Interest Topic Session – Monday 22 October from 15.15 – 16.45 in room 111/112 Topic Speaker Slides Time Welcome/Intro Kurt 1-4 3 minutes Team Composition + Timeline Rafik 5-6 3 minutes Scope + Triage Report Kurt 6-7 3 minutes Tools + Methods Thomas 8, 9, blank workbook 6 minutes Initial Report Kurt 10 3 minutes Purposes for Processing Data Alan W. 11 – 13 4 minutes Lawful Basis Diane 14 4 minutes Data Processing Activities + Data Elements Matrix Amr 15 – 17 4 minutes Small Teams Emily 18 – 19 4 minutes Expected Next Steps + Q&A Moderator + Wrap Kurt 20 – 22 56 minutes Data Processing Terms + URS/UDRP* N/A 23 - 28 N/A *These slides are included as reference material but will not be presented during the session. Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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