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

Re: [Gnso-epdp-team] Section 4.4.8
by Hadia Abdelsalam Mokhtar EL miniawi Sept. 17, 2018

Sept. 17, 2018

Hi Amr and All, I don't think that a final agreement was actually reached on moving items 4.4.2, 4.4.8, 4.4.9 and 4.4.10 from under the header “Purposes for Processing gTLD Registration Data”. The whole confusion in my opinion comes from two considerations the first is our lack of understanding of the interests which lets us sometimes put some interests that are typically ICANN purposes as third party purposes and the second is that when we talk about data processing we mix collection with disclosure. Recital 47 of the GDPR states that " The processing of personal data strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest of the data controller concerned" Therefore fraud prevention constitutes a legitimate interest, and recital 49 of the GDPR states that the necessary and proportionate processing for network security also constitutes a legitimate interest. So when we speak about the original text of 4.4.8 "Supporting a framework to address issues involving domain name registrations, including but not limited to: consumer protection, investigation of cybercrime, DNS abuse, and intellectual property protection;" First we should not deduce that the text speaks only about the access, in order to have a framework through which access can be provided you should also have the data itself (that is the collection of the data). Second I would argue that the collection of the data for the above purpose is not only a third party's purpose but it is also an ICANN purpose As for the difference between a framework and a model, a framework is a guide or some principles that make you implement the model, while the model is the tool itself. I would rather see the actual model than just the principles. From: Amr Elsadr [mailto:aelsadr@protonmail.ch] Sent: Thursday, September 13, 2018 2:03 PM To: Arasteh Cc: Hadia Abdelsalam Mokhtar EL miniawi; gnso-epdp-team(a)icann.org Subject: Re: [Gnso-epdp-team] Section 4.4.8 Hi Hadia and Kavouss, The volunteer team working on 4.4.8 did so with the understanding that sections 4.4.2, 4.4.8, 4.4.9 and 4.4.10 would be moved out from under the header “Purposes for Processing gTLD Registration Data”. This was following Kurt’s email to the EPDP list on 4 September, titled “Project Plan Adjustments and Policy Organization”. We did consider an earlier suggestion by Mark; to split the processing purposes to two lists, one to achieve the purposes of controllers and one of third-parties. However, we did not pursue this too aggressively. Speaking for myself, I agree that 4.4.8 in both its original and proposed altered forms do not describe purposes for processing (for any party). I am not sure why a “model” would be preferable to a “framework”, so if you could elaborate on why you believe it to be more specific, I would be grateful. Within NCSG, we have considered both these terms, as well as others such as “Methodology” and “Mechanism”. We haven’t settled on any one, just yet. As Alex suggested in his original email, this is still a tentative proposal. We like it, or at least prefer it to other alternatives previously suggested, but we’re not exactly married to it just yet. :-) Thanks. Amr On Sep 13, 2018, at 12:49 PM, Arasteh <kavouss.arasteh(a)gmail.com<mailto:kavouss.arasteh@gmail.com>> wrote: Dear All I agree almost with what Hadia said Kavouss Sent from my iPhone On 13 Sep 2018, at 10:45, Hadia Abdelsalam Mokhtar EL miniawi <Hadia(a)tra.gov.eg<mailto:Hadia@tra.gov.eg>> wrote: Hi All, Dear Alex and Amr, First off thank you for your effort and time on this proposal. But are you saying that among the purposes of the processing of the data is the " identification of third-parties with legitimate interests". This is surely not one of the purposes for the processing of the data therefore a suggest removing it. So my suggestion would be. 4.4.8 Supporting a Model that provides access to parties with legitimate interests grounded in legal bases to Registration Data relevant to addressing specific issues involving domain name registrations; such as issues related to consumer protection, investigation of cybercrime, DNS abuse and intellectual property protection. I put model as I think it is more specific but I am fine with using the term framework if you see it more appropriate. I also suggest adding "such as issues related to" which would serve to provide examples of third parties with legitimate interest. Kind Regards Hadia From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Alex Deacon Sent: Tuesday, September 11, 2018 10:34 PM To: gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org> Subject: [Gnso-epdp-team] Section 4.4.8 Hi All, As you know a group of us has been working to recommend an update to Section 4.4.8 of the temp spec. While we haven't come to full agreement on the update, we are pretty close and wanted to share the current/tentative output of the volunteer team with the broader team. 4.4.8 Supporting a framework that enables identification of third-parties with legitimate interests grounded in legal bases, and providing these third-parties with access to Registration Data relevant to addressing specific issues involving domain name registrations related to consumer protection, investigation of cybercrime, DNS abuse and intellectual property protection. The non-bold text was suggested by Amr/NCSG and the added bold text was an updated suggested by me/IPC and supported by the BC. Giving it a re-read again today I think additional word-smithing could be warranted, but for now I will resist and step away and let others share their thoughts. Alex -- ___________ Alex Deacon Cole Valley Consulting alex(a)colevalleyconsulting.com<mailto:alex@colevalleyconsulting.com> +1.415.488.6009 _______________________________________________ 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

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***REMINDER*** Meeting Invitation / Alternates & Observers / GNSO Temp Spec gTLD RD EPDP call / Tuesday, 18 September 2018 at 13:00 UTC
by Julie Bisland Sept. 17, 2018

Sept. 17, 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 wiki page: https://community.icann.org/x/3AONBQ Kind Regards, Andrea Glandon

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Input on registrar related purposes - due by Friday 14 September at 19.00 UTC
by Marika Konings Sept. 17, 2018

Sept. 17, 2018

Dear All, In order to facilitate your input and come to closure on the modifications to the registrar related purposes (as per action item #6), staff has created the following google doc: https://docs.google.com/document/d/1IinDj9isH6uU-KYIVPPu2GyT0-Q3urTXXIW1Hhr…. Please provide your group’s input in last column. Make sure to include your name and affiliation and provide your recommendation regarding accepting / amending as well as your rationale for any further changes that are proposed. As a reminder, this only concerns the registrar related purposes. Other purposes and third-party interests are dealt with separately. Note that input is due at the latest by Friday 14 September at 19.00 UTC. Best regards, Caitlin, Berry and Marika Action item #6: EPDP Team to review email from Kurt re. Registrar purposes (see https://mm.icann.org/pipermail/gnso-epdp-team/2018-September/000337.html) and provide input by Friday 14 September at 19.00 UTC at the latest. 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<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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Re: [Gnso-epdp-team] [Ntfy-gnso-epdp-team] Meeting Invitation/ Open house meeting with CBI and the EPDP team / Monday, 17 September 2018 at 14:00 UTC
by Kurt Pritz Sept. 17, 2018

Sept. 17, 2018

Hi Everyone: For the agenda for tomorrow’s / today’s call regarding the introduction of CBI and the use of mediation techniques at the meeting in Los Angeles, I suggest: 1) Brief introduction by the CBI team; a few minute description of CBI, their expertise, their experience working with ICANN, and the name, rank and role of each of the CBI attendees: David Plumb, Gina Bartlett and Toby Berkman. 2) Input and information from the team to the CBI. Some of you offered to provide information regarding the conduct of face-to-face meetings. I am a bit sad that the CBI team is a newcomer to our proceedings at this stage but I hope some of you can speak up in a collaborative way to provide what advice you might have for integrating CBI into the team and sharing lessons learned from your previous experience. 3) CBI to provide information regarding the use of mediation techniques in a multi-stakeholder setting and how they might apply here. We have had two sessions with the CBI team and, as mentioned above, there is some limited experience with ICANN. I think the the EPDP team’s job is to provide your best feedback. $) An interactive session, questions and answers. CBI can take this information back and adjust their planning for the meeting next week. Thanks to those of you that attend and participate. Best regards, Kurt > On Sep 13, 2018, at 2:58 PM, Terri Agnew <terri.agnew(a)icann.org> wrote: > > Dear all, > > To facilitate the sharing of ideas and suggestions with the CBI team in relation to the LA F2F meeting, please note that an open house session has been scheduled for Monday 17 September from 14.00 - 15.00 UTC. This is an optional meeting - those interested to connect with CBI and share their ideas for the planning and running of the F2F meeting are encouraged to join. > > The open house meeting with CBI and the EPDP team is scheduled on Monday, 17 September 2018 at 14:00 UTC for 1hour. > 7:00 PDT, 10:00 EDT, 16:00 Paris CEST, 19:00 Karachi PKT, 23:00 Tokyo JST, (Tuesday)01:00 Melbourne AEST > For other times: https://tinyurl.com/y73vko2k <https://tinyurl.com/y73vko2k> > > Agenda Wiki: https://community.icann.org/x/zwGrBQ <https://community.icann.org/x/zwGrBQ> > > Please ensure you read the below information: > > CONFERENCE CALL INFORMATION FOR MEMBERS > Adobe Connect room: https://participate.icann.org/gnso-epdp-team <https://participate.icann.org/gnso-epdp-team> > If you’re having trouble joining, please check your plug ins: http://tinyurl.com/icannactest <http://tinyurl.com/icannactest> > Please allow yourself additional time before start of meeting to log into Adobe Connect. > **Important**- Please log into Adobe Connect with your FIRST and LAST NAME-AFFILIATION/INDIVIDUAL > Instructions explaining how to connect the audio in the Adobe Connect room are attached. A calendar invitation has equally been sent and an ical (if your inbox doesn’t receive direct calendar invitations) is available here as attachment for you to download to your calendar. > > ALTERNATES will be assigned by Members in case of Member absence for a determined period of time and will therefore replace the aforementioned Member on the mailing list and on conference calls. In case of absence, members must assign an appointed Alternate via the Alternate Assignment form [goo.gl] <https://urldefense.proofpoint.com/v2/url?u=https-3A__goo.gl_forms_xtfYf9mWF…>. > > MEETING AUDIO CAST AND VIEW ONLY ADOBE CONNECT (FOR ALTERNATES AND OBSERVERS) > To join the event, click on the link: > Listen in browser: http://stream.icann.org:8000/stream01 <http://stream.icann.org:8000/stream01> > Listen in application such as iTunes: http://stream.icann.org:8000/stream01.m3u <http://stream.icann.org:8000/stream01.m3u> > View-Only Adobe Connect room for alternates and observers: https://participate.icann.org/gnso-epdp-observers <https://participate.icann.org/gnso-epdp-observers> > If you require a dial-out or to send apologies (do not send to full working group) please send an email request with your preferred contact number to gnso-secs(a)icann.org <mailto:gnso-secs@icann.org> > The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> > To join via Verizon Bridge, see dial in numbers and participant passcode below. > > Kind regards, > > Terri > > ___________________________________________________________ > > To join the audio bridge, call in using the appropriate phone number below and provide the Participant Passcode verbally to the operator. > > Participant passcode: EPDP > Dial in numbers: > Country > > Toll Numbers > Freephone/ > Toll Free Number > ARGENTINA > > > > > > 0800-777-0519 > > AUSTRALIA > > ADELAIDE: > > 61-8-8121-4842 > > 1-800-657-260 > > AUSTRALIA > > BRISBANE: > > 61-7-3102-0944 > > 1-800-657-260 > > AUSTRALIA > > CANBERRA: > > 61-2-6100-1944 > > 1-800-657-260 > > AUSTRALIA > > MELBOURNE: > > 61-3-9010-7713 > > 1-800-657-260 > > AUSTRALIA > > PERTH: > > 61-8-9467-5223 > > 1-800-657-260 > > AUSTRALIA > > SYDNEY: > > 61-2-8205-8129 > > 1-800-657-260 > > AUSTRIA > > > > 43-1-92-81-113 > > 0800-005-259 > > BELGIUM > > > > 32-2-400-9861 > > 0800-3-8795 > > BRAZIL > > SAO PAULO: > > 55-11-3958-0779 > > 0800-7610651 > > CHILE > > > > > > 1230-020-2863 > > CHINA > > CHINA A: > > 86-400-810-4789 > > 10800-712-1670 > > CHINA > > CHINA B: > > 86-400-810-4789 > > 10800-120-1670 > > COLOMBIA > > > > > > 01800-9-156474 > > CROATIA > > > > > > 080-08-06-309 > > CZECH REPUBLIC > > > > 420-2-25-98-56-64 > > 800-700-177 > > DENMARK > > > > 45-7014-0284 > > 8088-8324 > > EGYPT > > > > > > 0800000-9029 > > ESTONIA > > > > > > 800-011-1093 > > FINLAND > > > > 358-9-5424-7162 > > 0-800-9-14610 > > FRANCE > > LYON: > > 33-4-26-69-12-85 > > 080-511-1496 > > FRANCE > > MARSEILLE: > > 33-4-86-06-00-85 > > 080-511-1496 > > FRANCE > > PARIS: > > 33-1-70-70-60-72 > > 080-511-1496 > > GERMANY > > > > 49-69-2222-20362 > > 0800-664-4247 > > GREECE > > > > 30-80-1-100-0687 > > 00800-12-7312 > > HONG KONG > > > > 852-3001-3863 > > 800-962-856 > > HUNGARY > > > > 36-1-700-8856 > > 06-800-12755 > > INDIA > > INDIA A: > > > > 000-800-852-1268 > > INDIA > > INDIA B: > > > > 000-800-001-6305 > > INDIA > > INDIA C: > > > > 1800-300-00491 > > INDONESIA > > > > > > 001-803-011-3982 > > IRELAND > > > > 353-1-246-7646 > > 1800-992-368 > > ISRAEL > > > > > > 1-80-9216162 > > ITALY > > MILAN: > > 39-02-3600-6007 > > 800-986-383 > > ITALY > > ROME: > > 39-06-8751-6018 > > 800-986-383 > > ITALY > > TORINO: > > 39-011-510-0118 > > 800-986-383 > > JAPAN > > OSAKA: > > 81-6-7878-2631 > > 0066-33-132439 > > JAPAN > > TOKYO: > > 81-3-6868-2631 > > 0066-33-132439 > > LATVIA > > > > > > 8000-3185 > > LUXEMBOURG > > > > 352-27-000-1364 > > 8002-9246 > > MALAYSIA > > > > > > 1-800-81-3065 > > MEXICO > > GUADALAJARA (JAL): > > 52-33-3208-7310 > > 001-866-376-9696 > > MEXICO > > MEXICO CITY: > > 52-55-5062-9110 > > 001-866-376-9696 > > MEXICO > > MONTERREY: > > 52-81-2482-0610 > > 001-866-376-9696 > > NETHERLANDS > > > > 31-20-718-8588 > > 0800-023-4378 > > NEW ZEALAND > > > > 64-9-970-4771 > > 0800-447-722 > > NORWAY > > > > 47-21-590-062 > > 800-15157 > > PANAMA > > > > > > 011-001-800-5072065 > > PERU > > > > > > 0800-53713 > > PHILIPPINES > > > > 63-2-858-3716 > > 1800-111-42453 > > POLAND > > > > > > 00-800-1212572 > > PORTUGAL > > > > 351-2-10054705 > > 8008-14052 > > ROMANIA > > > > 40-31-630-01-79 > > RUSSIA > > > > > > 8-10-8002-0144011 > > SAUDI ARABIA > > > > > > 800-8-110087 > > SINGAPORE > > > > 65-6883-9230 > > 800-120-4663 > > SLOVAK REPUBLIC > > > > 421-2-322-422-25 > > 0800-002066 > > SOUTH AFRICA > > > > > > 080-09-80414 > > SOUTH KOREA > > > > 82-2-6744-1083 > > 00798-14800-7352 > > SPAIN > > > > 34-91-414-25-33 > > 800-300-053 > > SWEDEN > > > > 46-8-566-19-348 > > 0200-884-622 > > SWITZERLAND > > > > 41-44-580-6398 > > 0800-120-032 > > TAIWAN > > > > 886-2-2795-7379 > > 00801-137-797 > > THAILAND > > > > > > 001-800-1206-66056 > > TURKEY > > > > > > 00-800-151-0516 > > UNITED ARAB EMIRATES > > > > > > 8000-35702370 > > UNITED KINGDOM > > BIRMINGHAM: > > 44-121-210-9025 > > 0808-238-6029 > > UNITED KINGDOM > > GLASGOW: > > 44-141-202-3225 > > 0808-238-6029 > > UNITED KINGDOM > > LEEDS: > > 44-113-301-2125 > > 0808-238-6029 > > UNITED KINGDOM > > LONDON: > > 44-20-7108-6370 > > 0808-238-6029 > > UNITED KINGDOM > > MANCHESTER: > > 44-161-601-1425 > > 0808-238-6029 > > URUGUAY > > > > > > 000-413-598-3421 > > USA > > > > 1-517-345-9004 > > 866-692-5726 > > VENEZUELA > > > > > > 0800-1-00-3702 > > VIETNAM > > > > > > 120-11751 > > > > > <USING THE ADOBE CONNECT ROOM.pdf><Open house meeting with CBI and the EPDP team .ics 17 Sept.ics>_______________________________________________ > Ntfy-gnso-epdp-team mailing list > Ntfy-gnso-epdp-team(a)icann.org <mailto:Ntfy-gnso-epdp-team@icann.org> > https://mm.icann.org/mailman/listinfo/ntfy-gnso-epdp-team <https://mm.icann.org/mailman/listinfo/ntfy-gnso-epdp-team>

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Re: [Gnso-epdp-team] 4.4.9 (and 4.4.2)
by Alan Greenberg Sept. 16, 2018

Sept. 16, 2018

I agree Mark. Registrars have told us how inventive registrants have been using the Organization field. Although it may ultimately be reasonable to use this field being filled in as a default value for a Legal/Natural Person field, there is no question in my mind that we need such a field given the way privacy regulation/legislation such as GDPR is worded. Alan At 15/09/2018 05:04 PM, Mark Svancarek (CELA) wrote: >I also agree with Laureen. > >However, regarding this - >âThat being said, let it be clear that we are >not seeking the collection of additional WHOIS data elementsâ > >I do note that we have briefly discussed the >possibility of collecting an âI attest that I >am a natural person and not a legal personâ >flag, which would be an additional WhoIs data element. >Similarly, if we determine that we require >explicit consent in order to continue using the >admin or tech fields, that consent would be >collected at the time that the WhoIs data is >validated by the registrar, and would also >constitute additional data element(s). > >I have already apologized to Stephanie for >declaring that âno one is asking for >additional data elementsâ and then >subsequently discovering these two potential examples > >/marksv > >From: Gnso-epdp-team ><gnso-epdp-team-bounces(a)icann.org> On Behalf Of Alan Greenberg >Sent: Friday, September 14, 2018 7:56 PM >To: Kapin, Laureen <LKAPIN(a)ftc.gov>; Heineman, >Ashley <AHeineman(a)ntia.doc.gov>; gnso-epdp-team(a)icann.org >Subject: Re: [Gnso-epdp-team] 4.4.9 (and 4.4.2) > >Thanks Laureen. Well said. I definitely agree. > >Alan > >At 13/09/2018 03:24 PM, Kapin, Laureen via Gnso-epdp-team wrote: > > >Dear colleagues: > >Following up on Tuesdayâs discussion, I wanted >to focus on the range of legitimate purposes for >the ICANN organization. As there continues to >be confusion and disagreement on the distinction >between third party interests and ICANN >purposes, and weâve been asked to weigh on a >proposed chart that lists legitimate purposes, I >thought it would be helpful to set out our views >in more detail. Simply put, ICANNâs Bylaws >show that ICANNâs legitimate purposes in >processing gTLD registration data include the following: > >Â· facilitating the resilience, security, >and/or stability of the DNS (Section 1.1, Mission) >Â· preserving and enhancing the >operational stability, reliability, security, >global interoperability, resilience, and >openness of the DNS and the Internet (Section 1.2 (a) Commitments) >Â· address issues of competition, consumer >protection, malicious abuse, sovereignty >concerns, and rights protection (Section 4.6 >(d), Specific Reviews, Competition, Consumer Trust and Consumer Choice) >Â· assess whether registry directory service implementation: >o meets the legitimate needs of law enforcement >o promotes consumer trust >o safeguards registrant data (Section 4.6 >(e), Specific Reviews, Registration Directory Service Review) > >As a result, ICANNâs own legitimate purposes >must include processing registrant data to meet >ICANNâs mission, mandate, commitments and >responsibilities set forth in the >Bylaws. Therefore, while Ashleyâs proposed language for Temp. Spec. 4.4.9 -- > >Enabling the prevention and detection of >cybercrime and illegal DNS abuse to promote the >resilience, security, stability and/or >reliability of the DNS and the >Internet. Enabling the prevention of unlawful >conduct to meet the legitimate needs of law >enforcement and public authorities promoting >consumer trust in the DNS and the Internet and safeguarding registrant data. > >-- relates to third parties, such as those >involved in detecting cybercrime, investigating >DNS abuse and other unlawful conduct, it does >NOT constitute a third-party purpose. Rather, >the proposal reflects ICANNâs Bylaw-mandated >responsibility to (among other tasks) facilitate >the security and stability of the DNS and the >Internet which includes processing a defined set >of RDS information which may under certain >circumstances, be disclosed to third-parties. > >I also note that ICANN commits to duly taking >into account the public policy advice of >governments and public authorities (among other >stakeholders) and that ICANN must act for the >benefit of the public. (Art. 1.2 (a) >Commitments). The Bylaw mandated >responsibilities to protect the security and >stability of the DNS and the Internet, address >issues of consumer protection and DNS abuse, >promote consumer trust, and safeguard registrant >data go to the heart of the public interest. > >Best regards, >Laureen Kapin >Counsel for International Consumer Protection >Office of International Affairs >Federal Trade Commission ><tel:(202)%20326-3237>(202) 326-3237 ><mailto:lkapin@ftc.gov>lkapin(a)ftc.gov > > > > >On: 05 September 2018 16:47, >"Heineman, Ashley" ><<mailto:AHeineman@ntia.doc.gov>AHeineman(a)ntia.doc.gov > wrote: > >Dear all. Please find below proposed edits to >4.4.9, which should be considered initial input >as further discussion is welcomed. Also >included below are some recommended edits to >4.4.2, which I realize is being reviewed/modified by someone else. > >Regarding 4.4.9, the proposed text is: > >Enabling the prevention and detection of >cybercrime and illegal DNS abuse to promote the >resilience, security, stability and/or >reliability of the DNS and the >Internet. Enabling the prevention of unlawful >conduct to meet the legitimate needs of law >enforcement and public authorities promoting >consumer trust in the DNS and the Internet and safeguarding registrant data. > >After a lot of deliberation and thought, we >decided that this text should remain under >section 4.4 (not be moved) as this section is a >list of ICANNâs and the Contracted Partiesâ >legitimate purposes for processing data and >accordingly we want a reference to this purpose >as we believe it influences/touches upon at >least two stages of their processing (collection and disclosure). > >That being said, let it be clear that we are not >seeking the collection of additional WHOIS data >elements. However, we do want to ensure that >the collection of existing WHOIS data fields continue to be maintained. > >Further, it is our view that the collection and >disclosure of information, as it aligns with >efforts to combat cybercrime and other illegal >DNS abuse, is fully consistent with ICANN bylaws >and therefore fits within ICANNâs >purposes. (see specific bylaw references below). > >Lastly, our initial text reflects a concerted >effort not to conflate ICANNâs purposes with >that of LEA/government authorities. It is our >view that the interests and lawful basis of >third parties (such as LEA/government >authorities) should be articulated elsewhere as appropriate. > >ICANN Bylaws (excerpts) >Section 1.2. COMMITMENTS AND CORE VALUES >In performing its Mission, ICANN will act in a >manner that complies with and reflects ICANNâs >Commitments and respects ICANNâs Core Values, each as described below. > >(a) COMMITMENTS >*** >(i) Preserve and enhance the administration of >the DNS and the operational stability, >reliability, security, global interoperability, >resilience, and openness of the DNS and the Internet. > >Section 4.6. SPECIFIC REVIEWS >*** > (e) Registration Directory Service Review > >(ii) The Board shall cause a periodic review to >assess the effectiveness of the then current >gTLD registry directory service and whether its >implementation meets the legitimate needs of law enforcement, >promoting consumer trust and safeguarding registrant data. > > >Regarding 4.4.2, we offer the following edits >for consideration. We believe this provides the >necessary specificity required under GDPR: > >Providing collection and disclosure of accurate, >reliable, and uniform Registration Data based on >lawful basis, consistent with GDPR, to ensure >resilience, security, and/or stability of the >DNS. In the case of legitimate interest as a >basis, collection and disclosure must not >outweigh the fundamental rights of relevant data subjects. > >_______________________________________________ >Gnso-epdp-team mailing list ><mailto:Gnso-epdp-team@icann.org>Gnso-epdp-team(a)icann.org >https://mm.icann.org/mailman/listinfo/gnso-epdp-team

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4.4.9 (and 4.4.2)
by Heineman, Ashley Sept. 15, 2018

Sept. 15, 2018

Dear all. Please find below proposed edits to 4.4.9, which should be considered initial input as further discussion is welcomed. Also included below are some recommended edits to 4.4.2, which I realize is being reviewed/modified by someone else. Regarding 4.4.9, the proposed text is: Enabling the prevention and detection of cybercrime and illegal DNS abuse to promote the resilience, security, stability and/or reliability of the DNS and the Internet. Enabling the prevention of unlawful conduct to meet the legitimate needs of law enforcement and public authorities promoting consumer trust in the DNS and the Internet and safeguarding registrant data. After a lot of deliberation and thought, we decided that this text should remain under section 4.4 (not be moved) as this section is a list of ICANN's and the Contracted Parties' legitimate purposes for processing data and accordingly we want a reference to this purpose as we believe it influences/touches upon at least two stages of their processing (collection and disclosure). That being said, let it be clear that we are not seeking the collection of additional WHOIS data elements. However, we do want to ensure that the collection of existing WHOIS data fields continue to be maintained. Further, it is our view that the collection and disclosure of information, as it aligns with efforts to combat cybercrime and other illegal DNS abuse, is fully consistent with ICANN bylaws and therefore fits within ICANN's purposes. (see specific bylaw references below). Lastly, our initial text reflects a concerted effort not to conflate ICANN's purposes with that of LEA/government authorities. It is our view that the interests and lawful basis of third parties (such as LEA/government authorities) should be articulated elsewhere as appropriate. ICANN Bylaws (excerpts) Section 1.2. COMMITMENTS AND CORE VALUES In performing its Mission, ICANN will act in a manner that complies with and reflects ICANN's Commitments and respects ICANN's Core Values, each as described below. (a) COMMITMENTS *** (i) Preserve and enhance the administration of the DNS and the operational stability, reliability, security, global interoperability, resilience, and openness of the DNS and the Internet. Section 4.6. SPECIFIC REVIEWS *** (e) Registration Directory Service Review (ii) The Board shall cause a periodic review to assess the effectiveness of the then current gTLD registry directory service and whether its implementation meets the legitimate needs of law enforcement, promoting consumer trust and safeguarding registrant data. Regarding 4.4.2, we offer the following edits for consideration. We believe this provides the necessary specificity required under GDPR: Providing collection and disclosure of accurate, reliable, and uniform Registration Data based on lawful basis, consistent with GDPR, to ensure resilience, security, and/or stability of the DNS. In the case of legitimate interest as a basis, collection and disclosure must not outweigh the fundamental rights of relevant data subjects.

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RDS-WHOIS2 Review Draft Report
by Alan Greenberg Sept. 15, 2018

Sept. 15, 2018

I would like to call your attention to the Draft Report issued last week by the RDS-WHOIS2 Review Team, and in particular to the Section 5, pages 88-103 on a survey that we conducted on the use of WHOIS by Law Enforcement. The survey received 55 responses from 39 countries (many of which were made on behalf of their countries) and included responses from all of ICANN five regions. Alan

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Input on overview of purposes table - due by Friday 14 September at 19.00 UTC
by Marika Konings Sept. 14, 2018

Sept. 14, 2018

Dear All, In relation to Action item #7 (EPDP Team to review overview of purposes table), please use the following Google Sheet for your input: https://docs.google.com/spreadsheets/d/1RivZFrPQpJ_bgDlOI6yfhhYaSs2oYgS1n4T…. You are requested to use the three last columns to provide your feedback. Make sure to include your name and affiliation with any comments that you enter. Team input to commence now and will finish by 19.00 UTC on Friday 14 September to allow the leadership team to work with Thomas and Benedict to prepare the subsequent discussion on this overview. Best regards, Caitlin, Berry and Marika Action item #7: EPDP Team to review overview of purposes table and provide input on whether this provides an accurate picture. Focus should be on the purposes for collection and other processing (Registrar, Registry and ICANN), but not access (Third party interests) as these will be considered in further detail in the context of the standardized access discussion. Also consider whether purposes are sufficiently specific? Team input to commence now and will finishby 19.00 UTC on Friday 14 September. Thomas and Benedict will take that input to create an agenda for the Tuesday meeting. 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<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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EPDP Mediation Services - proposed letter (might be typos)
by Kurt Pritz Sept. 14, 2018

Sept. 14, 2018

Hi Everyone: You might remember that during our first meeting I discussed the plan to employ mediation techniques and expertise in order to narrow issues and reach consensus, I have remained committed to the idea during the intervening time and think the meeting results thus far strongly point to the need for such expertise. With our current meeting cadence, there has not been sufficient time to step back, evaluate the current situation, and redesign the structure of our discussion in a way necessary to drive toward conclusions. It is no surprise to me that my skillset in managing our work could be augmented with competent, professional assistance. This is especially true given the timeframe with which we are working. (I also think we might demonstrate for future policy development work that professional mediation skills are a necessary part of consensus building.) With that in mind, we have retained CBI (https://www.cbi.org/facilitation-and-mediation/ <https://www.cbi.org/facilitation-and-mediation/>) to provide mediation and facilitation services. CBI was recommended by both Board and staff members who have had good experience with them as an ICANN partner in the past. While mediation is generally applied to bilateral negotiations, CBI specializes in multi-stakeholder situations. (As you might think, that claim attracted my interest when I learned of it.) Admittedly, significant work is required to sufficiently bring them up to speed and integrate them into the team in time for the LA meeting. That is our plan. (I would have liked that they had joined us sooner but that did not happen.) CBI will also provide much needed resources to enable us to step back for a big picture look and maintain the current meeting cadence. With that in mind, the CBI staff will be immediately available for consultations with EPDP team members as part of their information gathering process. The purpose of these team member - CBI conversations is to develop the most productive meeting in LA possible. These meetings with CBI do not have to do with substantive positions.. The CBI team are impartial with respect to outcome; their success is measured only development of consensus positions. For that reason, I, Rafik or members of the support team plan to not attend the CBI - EPDP member meetings. The CBI team is open as to the format / attendance of these discussions. For time’s sake, we plan to schedule a session open to all on Monday, 17 Sept. If you have a preferred way to communicate with the CBI team, you can let the ICANN support team know or contact the CBI team directly. They have expressed a willingness to have meetings with everyone / anyone. Their bios are below. Their names and email addresses are: David Plumb dplumb(a)cbi.org <mailto:dplumb@cbi.org> Gina Bartlett gina(a)cbi.org <mailto:gina@cbi.org> Toby Berkman tberkman(a)cbi.org <mailto:tberkman@cbi.org> I believe the inclusion of CBI provides a needed skill set and significantly increases our chances for success as they were a part of my vision from the time of my earliest involvement in this project. I know this is a significant piece of information. I am free to discuss this at anytime via email, Skype (kjpritz), or phone (+1-310-400-4184). Please join me in welcoming the CBI team and helping to realize their potential in helping us. Best regards, Kurt David Plumb David Plumb is a mediator, facilitator, trainer, and researcher with experience managing complex development and public policy issues in a variety of environments, including Nigeria’s Niger Delta, northern Chile, and urban United States. David is CBI’s Director for Latin America and also co-leads the organization’s Corporate Community Engagement practice. Prior to CBI, he directed the Sustainable Business Practice at Search for Common Ground. He also spent eight years working as a financial journalist and correspondent, mostly for Bloomberg News. A primary focus of David’s work is assisting communities, companies, and authorities to interact more constructively and engage in productive dialogue. He designs and facilitates multi-stakeholder processes that can provide a credible space for addressing historical grievances and mistrust, as well as exploring creative solutions for the future. David also designs and implements participatory processes that give citizens and key stakeholders an active voice in making smarter policy decisions, assisting governments to develop new public policies with wider public support. Within the ICANN community, David has led a mediation process to assist LACRALO in overcoming challenges that had been limiting its effectiveness as an at-large organization. Gina Bartlett Senior Mediator Gina Bartlett also serves as Director of CBI’s practice in the American West. Based in San Francisco, California, Ms. Bartlett has more than twenty years experience as a facilitator and mediator in consensus building and collaborative planning on public policy issues. She has extensive experience facilitating collaborative governance and mediating high stakes multi-party negotiations with government, nongovernmental, and business leaders and decision makers. Her internet-related work has focused on improving relationships and trust on an international monetary protocol. In recent years, she has worked extensively on developing governance structures to manage water resources in response to new legal requirements in California. She consulted with an international commission to craft a negotiation strategy to address long-standing conflict. She has facilitated the jury selection for the international Resilient by Design competition. And, she is reaching the final stages of an agreement to manage 30 years of conflict and litigation on Lake Tahoe shoreline policy. Gina is a senior mediator on the roster of the U.S. Institute for Environmental Conflict Resolution. She holds a Master’s degree in conflict analysis and resolution from George Mason University, and a B.S. in political science and international relations from the University of Illinois. Toby Berkman Toby is a Senior Associate at CBI. An attorney by training, he has more than ten years of professional experience in project management, including five as a facilitator and mediator. His work focuses on helping organizations and stakeholders collaborate and manage disputes more effectively around difficult public issues, both domestically and internationally. He is also affiliated faculty at the Program on Negotiation at Harvard Law School, where he teaches courses on collaborative problem-solving and dispute resolution to law students, executives, and professionals from around the world. At CBI, Toby has conducted significant work in the internet/technology space, including most recently: designing and facilitating a multi-stakeholder dialogue on improving governance of political speech on social media platforms (ongoing); designing a workshop curriculum on collaborative governance and the Internet for the Internet Society (2018); and designing and facilitating the program for Summit.Ahead, a convening of policy entrepreneurs to combine technology and human capital to create meaningful employment and opportunity for those who feel left behind in the new economy (2017-18). Prior to joining CBI in 2014, Toby worked as a civil litigator in the copyright/IP practice group at Jenner and Block LLP, with a focus on online copyright. Toby has a JD from Harvard Law School (magna cum laude; editor, Harvard Law Review) and an MPP from the Harvard Kennedy School of Government.

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Input on Appendix A - Input due by Sunday 16 September
by Marika Konings Sept. 14, 2018

Sept. 14, 2018

Dear All, As discussed during the call today, please provide your input on the Appendix A related issues through this document: https://docs.google.com/document/d/1M2XdbXZsvfYfsxdR1xG2qT7XZ07AopJubRH8ZX1…. Also, if there are volunteers to work on reviewing the input received and translating these into proposed recommendations / modifications for Appendix A, share your interest with the mailing list. Thanks, 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<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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