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

Re: [Gnso-epdp-team] FW: EPDP questions for ICANN Org
by Margie Milam Oct. 8, 2018

Oct. 8, 2018

Hi Caitlin- Thank you for the information below. I'd like to propose that we schedule time to talk to OCTO in Barcelona, to explore how WHOIS was used before the Temp Spec was adopted, in OCTO's activities. The response below 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? Thanks , Margie On 10/2/18, 8:52 PM, "Gnso-epdp-team on behalf of Caitlin Tubergen" <gnso-epdp-team-bounces(a)icann.org on behalf of caitlin.tubergen(a)icann.org> wrote: Dear All, Below, please find the recent EPDP questions and answers from ICANN Org. Thank you. Best regards, Marika, Berry and Caitlin ** QUESTION: With respect to ICANN’s references to dispute resolution policies within the Temporary Specification, is there a reason only the URS and UDRP were included and not other dispute resolution procedures such as RDDRP, PDDRP and PICDRP? RESPONSE: The RDDRP, PDDRP, and PICDRP <https://newgtlds.icann.org/en/program-status/pddrp> are dispute resolution procedures where the gTLD registry operators themselves are the respondents. Under the Registrar Transfer Dispute Resolution Policy <https://www.icann.org/resources/pages/tdrp-2016-06-01-en> the respondents are registrars. This is different from URS and UDRP proceedings where individual domain registrants are the respondents. (Note: gTLD registry agreements may also contain other dispute resolution procedures, for example, .NAME has an “Eligibility Requirements Dispute Resolution Policy” <https://www.icann.org/resources/pages/appendix-11-2013-07-08-en>.) QUESTION: With respect to data retention: For how long and why, should data escrow agents retain old deposits (if at all) in order to fulfill their contractually-required obligations? For how long and why, should data be retained by registries and registrars from the perspective of ICANN Org for purpose A (Establish the rights of a Registered Name Holder in a Registered Name and ensuring that the Registered Name Holder may exercise its rights in respect of the Registered Name)? RESPONSE: Under the Registrar Data Escrow Specification deposits older than one year must be destroyed, unless a longer period is agreed to by the registrar and the escrow agent. Also, under the base agreement for new gTLDs each escrow deposit must be kept for one year. Legacy gTLD agreements vary; for example the .ASIA, .BIZ, .INFO, and .ORG agreements specify that at least four weeks of deposits must be kept. The purpose of safeguarding a set of prior deposits is to protect registrants in the event a registry or registrar fails or is terminated and the database needs to be reconstituted. In situations where the registration database has to be reconstituted and deposits have not been made in a number of months, safeguarding multiple deposits increases the likelihood that at least one reliable deposit will be available. Also, having multiple deposits increases the likelihood that a reliable deposit is available in the event that the compliance/termination process is contested by the registry operator or registrar. Perhaps registry operators and registrars with operational experience could provide input as to how far back deposits should be kept to ensure that registration databases can be reconstituted when needed. QUESTION: Apart from ICANN Org Compliance, do any other ICANN departments require access to registration data and, as such, might require a specific purpose? If so, please describe in detail sufficient to provide a legal basis for such data processing. RESPONSE: This question seems to be asking about any use by ICANN Org of registration data that is now masked pursuant to the Temporary Specification. One example of an ICANN Org activity that previously used WHOIS data elements that may now be redacted pursuant to the Temporary Specification is the WHOIS Accuracy Reporting System, which is currently under review as discussed with the EPDP Team on 26 September 2018. If additional information is needed it would be helpful if the EPDP Team could please clarify if the question is for information related to such past uses of now-masked registration data, or to any current ICANN Org (apart from Contractual Compliance) uses of non-public data, or to any future uses of non-public registration data that may be needed in order to implement GNSO-recommended policies. Also, in discussions that the EPDP Team has had regarding purposes, ICANN Office of the CTO (OCTO) has been mentioned. To inform the EPDP Team’s continued discussion on this topic, ICANN Org would like to clarify that ICANN OCTO does not require personal data in domain name registration data for its work. For example, OCTO’s Domain Abuse Activity Reporting (DAAR) project <https://www.icann.org/octo-ssr/daar> uses only the registrar and nameserver information. QUESTION: ICANN Org to provide EPDP Team with copy of agreements with UDRP/URS providers in to demonstrate GDPR compliance in relation to data protection / transfer of data including relevant data protection policies that dispute resolution providers have in place. RESPONSE: ICANN has used Memoranda of Understanding to govern the relationship with each of the selected URS providers, in which each of the URS providers agree to implement the URS services in accordance with the procedures laid out in the New gTLD Applicant Guidebook, as they might be amended from time to time. Copies of the MOUs are available here: https://newgtlds.icann.org/en/applicants/urs. ICANN does not have agreements or MOUs with UDRP providers. Additional discussion on why ICANN has taken this approach with UDRP providers is available here: https://www.icann.org/en/system/files/files/uniformity-process-19jul13-en.p…. In light of the recent changes in data protection laws and the requirements in the Temporary Specification requiring contracted parties to give full registration data to the dispute resolution providers when presented with a complaint if the contact details are not published in WHOIS, ICANN is in discussions with the dispute resolution providers to more fully understand the safeguards they have put in place for the processing of personal data. For example, WIPO has updated its FAQ page concerning the GDPR as it relates to the UDRP: http://www.wipo.int/amc/en/domains/gdpr/, and other providers have reviewed/are in the process of reviewing their supplemental rules in light of changes in privacy laws. ICANN will publish any updates to a provider’s supplemental rules on its website.

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***REMINDER*** Meeting Invitation / Alternates & Observers / GNSO Temp Spec gTLD RD EPDP call / Tuesday, 09 October 2018 at 13:00 UTC
by Julie Bisland Oct. 8, 2018

Oct. 8, 2018

Dear all, Non-members can follow the EPDP call taking place on Tuesday's and Thursday's at 13:00 UTC via the audio cast or view only Adobe Connect room. As requested and discussed on Tuesday's (14 August 2018) meeting, please note that an additional Adobe Connect room has been created for use by interested alternates and observers to be able to view-only the main EPDP Team Adobe Connect room. The view-only room will also broadcast the audio of the EPDP Team AC room, however, those in the view-only room will not be heard. Note that the audio cast stream will also remain available for now for those that prefer to use that option to listen live to the EPDP Team meeting. View-Only Adobe Connect room for alternates and observers: https://participate.icann.org/gnso-epdp-observers Meeting Audio Cast (for alternates and observers) To join the event, click on the link: Listen in browser: http://stream.icann.org:8000/stream01 [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Listen in application such as iTunes: http://stream.icann.org:8000/stream01.m3u [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> **Agenda has been posted. Please visit Agenda wiki page prior to the call: https://community.icann.org/x/KwWrBQ Thank you. Kind Regards, Andrea Glandon

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Re: [Gnso-epdp-team] Updated lawful basis memo
by Caitlin Tubergen Oct. 8, 2018

Oct. 8, 2018

Dear All, Following up on the below email, you will note we highlighted disagreements that were raised on the call, e.g., members of the BC believe that transmitting data from the registrar to the escrow provider for the purposes of escrow should be lawful under 6(1)(b) instead of 6(1)(f). We did this, in part, to confirm our understanding of issues raised but also to record disagreements so that we may include this document in the Initial Report. Accordingly, if you would like to note your group’s disagreement on any of the lawful bases, please do let us know. Thank you. Best regards, Marika, Berry and Caitlin From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Caitlin Tubergen <caitlin.tubergen(a)icann.org> Date: Monday, October 8, 2018 at 8:12 AM To: "Gnso-epdp-team(a)icann.org" <Gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Updated lawful basis memo Dear All, Following up on an action item from Tuesday’s call, please find the updated Lawful Basis memo, which now includes updated processing activities/rationales as well as notations when disagreement on the identified lawful basis was expressed. Please note the following when reviewing the document: If you believe any of the newly-identified processing activities require the workbook data elements to be updated, please provide requested edits and the accompanying rationale to the list. If no updates are provided, we will assume the previously-designated data elements are sufficient for the updated processing activities. At least one member of the EPDP Team requested to add a new processing activity to Purpose M; specifically, Margie noted an additional processing activity is transmission of registration information to the entity who files a UDRP/URS complaint. It is staff’s understanding that the UDRP Provider interacts directly with the registrar in order to obtain/confirm relevant registered name holder data, and the registrar, in turn, provides the relevant data to the Provider (who will then forward the info to the complainant or complainant’s counsel). As the disclosure of registration data to a UDRP/URS provider is already noted in the memo, it doesn’t appear that this additional processing activity is necessary, particularly because Purpose B may cover a situation where a trademark holder may contact the registrar directly for disclosure of non-public data. If this is either an inaccurate representation of the request for a new processing activity under M, or an inaccurate description of how data is conjunction with a UDRP/URS proceeding, please let us know. If any members believe a processing activity(ies) is missing, please reply to the list. Thank you. Best regards, Marika, Berry and Caitlin

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ICANN63: GNSO Sessions How to Get Organized and Remote Participation Details
by Julie Bisland Oct. 8, 2018

Oct. 8, 2018

Dear all, The one-stop wiki page for all your Remote Participation queries is now available. This wiki page covers remote participation details for all GNSO open and public meetings. In addition to this, ICANN meetings' team has put together an updated ICANN meeting website which allows you to download all GNSO-related meetings to your inbox calendar in one go. 2 LINKS TO BOOKMARK NOW: ICANN63 Meeting Schedule<https://63.schedule.icann.org/> GNSO Remote Participation Wiki Page<https://community.icann.org/x/nxVpBQ> Step 1 - Create a profile and your personalized ICANN63 schedule Go to the Meeting Schedule webpage and create a profile and login. Every session on the schedule can be selected and added to your individual schedule by clicking the Add box to the bottom right of each meeting, this adds it to your individual schedule which you can then email to yourself or add to your calendar. See next step. Step 2 - There are two ways to import your schedule into Outlook: once you've added all your chosen meetings to "My Schedule" go to Export. 1. Importing creates a one-time snapshot of your schedule and copies it into Outlook. If you subsequently make changes to your Pathable calendar, they will not be reflected in Outlook. 2. Subscribing creates a live feed of your schedule in Outlook. Outlook checks for changes every few hours and updates your calendar appropriately. * For Outlook calendars: http://support.pathable.com/knowledgebase/articles/81449-moving-your-schedu…<https://urldefense.proofpoint.com/v2/url?u=http-3A__support.pathable.com_kn…> * For Google calendars: http://support.pathable.com/knowledgebase/articles/1313-moving-your-schedul…<https://urldefense.proofpoint.com/v2/url?u=http-3A__support.pathable.com_kn…> Step 3 All Adobe Connect rooms (which can be found on the session information on the ICANN63 Meeting Schedule<https://63.schedule.icann.org/> and on the <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> GNSO Remote Participation Wiki Page<https://community.icann.org/x/nxVpBQ>) will provide audio streaming only, Adobe Connect room microphones will not be enabled. If you cannot join an Adobe Connect room for a session, and will need to dial in with your phone, please refer to the <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> GNSO Remote Participation Wiki Page<https://community.icann.org/x/nxVpBQ> for the audio pass codes and dial in numbers. Please also follow the previous steps if you wish to take part in the session over the phone. Step 4 Please download the mobile app by searching for "ICANN63" in your app stores. Nathalie Peregrine and Terri Agnew will be onsite in Barcelona to assist you directly. For all GNSO meeting related queries (RP or others), please email us at: gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> and we will be more than happy to assist! Kind regards, GNSO SO/AC Support team Julie Bisland Secretariat Operations Coordinator for the GNSO Internet Corporation for Assigned Names and Numbers (ICANN) Email: julie.bisland(a)icann.org<mailto:julie.bisland@icann.org> Skype ID: 79613b691cb8a6c1 Find out more about the GNSO by visiting the GNSO Newcomer pages<https://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy…>

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Re: [Gnso-epdp-team] Request for independent legal counsel to assist the EPDP
by Terri Agnew Oct. 8, 2018

Oct. 8, 2018

Dear all, A call will be scheduled on Wednesday, 10 October 2018 invite to be sent shortly to the NTFY list. Leadership requests that if additional details can be provided in the request for legal expertise in order to flesh out a statement of work, that input would be appreciated. Thank you. Kind regards, Terri From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> On Behalf Of Kurt Pritz Sent: Sunday, October 7, 2018 2:55 PM To: gnso-epdp-team(a)icann.org Cc: Heather Forrest <haforrestesq(a)gmail.com> Subject: Re: [Gnso-epdp-team] Request for independent legal counsel to assist the EPDP Thanks, Stephanie (and to those who collaborated on this). We have anticipated this request since the meeting in Los Angeles but our thinking on how to best execute on it has not fully evolved. Nor does the request provide the information necessary to write the Statement of Work necessary to procure the requisite skill set. In order to rapidly create that document in a form to everyone’s satisfaction, I am asking the Support team to set up an Adobe Connect room for early in the week for anyone interested so that we can jointly form a statement of work. I’d like to schedule it at a time convenient for Rafik, who has been attending calls at midnight and 6AM everyday. I would ask interested members of the EPDP team to provide bullets that describe the legal expertise required. Without opining on the legal expertise and knowledge requirement, here is what I am for and not for as far as the operational aspects of this procurement. I think that appropriate legal expertise will increase our effectiveness / efficiency. The charter (rightly or wrongly) asks us to make a number of legal determinations, I am for a reserved resource that can provide detailed, on-point, written responses to written questions within 24 hours of receipt. If necessary, we can request an in-person briefing on a specific issue. I am not for having an attorney attend all our meetings, whether they be telephonic or face-to-face. Here is my rationale for this: 1) Orally-posed questions are often poorly formed and not sufficiently well-considered to elicit the desired information. The legal response is often “it depends.” Written questions require appropriate reflection on the desired information and will serve to promote an understanding of an issue across the entire group. 2) A corollary to the point above, vaguely worded questions, combined with on-hand counsel are likely to result in time-consuming back-and forth discussion. We attend meetings to discuss policy, not legal issues. (It goes without saying - but I cannot help myself - that outside counsel will have the incentive to extend such discussions.) 3) The Heisenberg Uncertainty Principle. The mere act of observing any event will affect that event. I believe, especially after witnessing some of the IANA transition / accountability discussions that this principle applies to ICANN discussions. I.e., having on-hand counsel would change the nature and content of our discussions - and retard progress. 4) Cost - benefit. Most all of us have employed outside counsel and with good reason - to provide specialized expertise when needed. It is likely we will have periods where there are more legal questions and then periods where there are not. I do think we have a duty to act in a fiscally responsible way and employ outside counsel in the same way that we would do in our own organizations. I believe that using outside counsel as outlined here is the most effective and efficient path for our group. I hope you find this constructive. Best regards, Kurt On Oct 5, 2018, at 4:14 PM, Stephanie Perrin <stephanie.perrin(a)mail.utoronto.ca<mailto:stephanie.perrin@mail.utoronto.ca>> wrote: Hello everyone, please find attached a request to hire outside counsel with expertise in data protection law, to assist us with the analysis on the EPDP. The RySG, RrSG, and NCSG representatives on the EPDP are all in support of this proposal, which as you know was foreseen in the Charter and in our earlier GNSO discussions. Thank you. Stephanie Perrin <EPDP note re EPDP Counsel.docx>

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Updated lawful basis memo
by Caitlin Tubergen Oct. 8, 2018

Oct. 8, 2018

Dear All, Following up on an action item from Tuesday’s call, please find the updated Lawful Basis memo, which now includes updated processing activities/rationales as well as notations when disagreement on the identified lawful basis was expressed. Please note the following when reviewing the document: If you believe any of the newly-identified processing activities require the workbook data elements to be updated, please provide requested edits and the accompanying rationale to the list. If no updates are provided, we will assume the previously-designated data elements are sufficient for the updated processing activities. At least one member of the EPDP Team requested to add a new processing activity to Purpose M; specifically, Margie noted an additional processing activity is transmission of registration information to the entity who files a UDRP/URS complaint. It is staff’s understanding that the UDRP Provider interacts directly with the registrar in order to obtain/confirm relevant registered name holder data, and the registrar, in turn, provides the relevant data to the Provider (who will then forward the info to the complainant or complainant’s counsel). As the disclosure of registration data to a UDRP/URS provider is already noted in the memo, it doesn’t appear that this additional processing activity is necessary, particularly because Purpose B may cover a situation where a trademark holder may contact the registrar directly for disclosure of non-public data. If this is either an inaccurate representation of the request for a new processing activity under M, or an inaccurate description of how data is conjunction with a UDRP/URS proceeding, please let us know. If any members believe a processing activity(ies) is missing, please reply to the list. Thank you. Best regards, Marika, Berry and Caitlin

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RrSG Alternate replacement EPDP Team
by Nathalie Peregrine Oct. 8, 2018

Oct. 8, 2018

Dear all, Jeff Yeh is stepping down from his position as RrSG Alternate on the EPDP Team. Volker Greimann (SOI<https://community.icann.org/x/foBwAg>) will be replacing him effective as of today. Kind regards, Nathalie Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine(a)icann.org <nathalie.peregrine(a)icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/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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Additional responses from ICANN Compliance
by Marika Konings Oct. 5, 2018

Oct. 5, 2018

Dear All, Please find attached the responses from the ICANN Compliance Team to some of the additional questions that were raised during Thursday’s meeting. We have also posted these 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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Meeting Invitation / Alternates & Observers / GNSO Temp Spec gTLD RD EPDP Small Team #3 call/ Wednesday, 10 October 2018 at 13:00 UTC
by Andrea Glandon Oct. 5, 2018

Oct. 5, 2018

Dear all, Non-members can follow the EPDP Small Team Meeting #3 Wednesday, 10 October 2018 at 13:00 UTC via the audio cast or view only Adobe Connect room. As requested and discussed on Tuesday's (14 August 2018) meeting, please note that an additional Adobe Connect room has been created for use by interested alternates and observers to be able to view-only the main EPDP Team Adobe Connect room. The view-only room will also broadcast the audio of the EPDP Team AC room, however, those in the view-only room will not be heard. Note that the audio cast stream will also remain available for now for those that prefer to use that option to listen live to the EPDP Team meeting. View-Only Adobe Connect room for alternates and observers: https://participate.icann.org/gnso-epdp-observers Meeting Audio Cast (for alternates and observers) To join the event, click on the link: Listen in browser: http://stream.icann.org:8000/stream01 [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Listen in application such as iTunes: http://stream.icann.org:8000/stream01.m3u [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Agenda wiki page: https://community.icann.org/x/8AO8BQ Thank you. Kind Regards, Andrea Glandon

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Recordings, Attendance & AC chat from the GNSO Temp Spec gTLD RD EPDP Small Team Meeting #2 held Friday, 05 October 2018
by Andrea Glandon Oct. 5, 2018

Oct. 5, 2018

Dear all, Please find the attendance and AC chat attached to this email. The MP3 and AC recording below from the GNSO Temp Spec gTLD RD EPDP Small Team #2 call held on Friday, 05 October 2018 at 13:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/7gO8BQ MP3: https://audio.icann.org/gnso/gnso-epdp-gtld-registration-data-specs-05oct18… <https://urldefense.proofpoint.com/v2/url?u=https-3A__audio.icann.org_gnso_g…> AC Recording: https://participate.icann.org/p2g9i5rbs7h/<https://participate.icann.org/p2g9i5rbs7h/?OWASP_CSRFTOKEN=0d3562f1d64cdcdc…> ** 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

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