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Meeting Invitation / Alternates & Observers / GNSO Temp Spec gTLD RD EPDP call / Thursday, 30 August 2018 at 13:00 UTC
by Andrea Glandon Aug. 28, 2018

Aug. 28, 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/VRhpBQ Kind Regards, Andrea Glandon

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Recordings, Attendance & AC chat from the GNSO Temp Spec gTLD RD EPDP held Tuesday, 28 August 2018
by Andrea Glandon Aug. 28, 2018

Aug. 28, 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 call held on Tuesday, 28 August 2018 at 13:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/UxhpBQ MP3: https://audio.icann.org/gnso/gnso-epdp-gtld-registration-data-specs-28aug18… AC Recording: https://participate.icann.org/p4u1ncx0k5b/<https://participate.icann.org/p4u1ncx0k5b/?OWASP_CSRFTOKEN=863031ed14eb3300…> ** 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 [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> Thank you. Kind Regards, Andrea Glandon

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Notes and action items from today's EPDP Team Meeting - 28 August 2018
by Marika Konings Aug. 28, 2018

Aug. 28, 2018

Dear All, Below, please find notes and action items from today’s EPDP Team Call. As a reminder, our next meeting will be Thursday, 30 August, 13:00 UTC. Best regards, Caitlin, Berry, and Marika =============== EPDP Team Meeting #8 Tuesday, August 28, 2018 Notes and Action Items High-level Notes/Actions: * Leadership will look into options for training on GDPR Training and report back to the EPDP Team. * EPDP Team encouraged to provide input on proposed approach in relation to triage report as outlined . * EPDP Team encouraged to review Issue Categorization and proposed Project plan. * The Leadership / Support team will revise the framework for considering data processing to: * accommodate additional forms of LEA-type requests for data, e.g., public authorities * clarify the role of ICANN in the eco-system * clearly differentiate between the purposes of collecting data vs disclosing data to third parties * differentiate (“un-conflate”?) the role of ICANN and contracted parties in the processing of data * clearly layout how disclosure of data to third parties is governed through GDPR compliance * Contracted parties are to examine the purposes enumerated in the Temporary Specification (§§ 4.4.1, 4.4.3-4.4.7; 4.11-4.12) and recommend changes * All are asked to consider the broad wording in section 4.4.8 of the Temporary Specification and recommend detailed purposes so that data sets can be deduced from those purposes Questions for ICANN Org from the EPDP Team: None All Action items: Action item #1: EPDP Team to share recommendations for whom or which organization should be considered to provide GDPR training to the EPDP Team. Action item #2: EPDP Team to provide input on path forward for triage report on the mailing list. Action item #3: EPDP Team to review Issue Categorization and proposed Project Plan and provide feedback. Action item #4: Staff to review whether any other policies would need to be called out under Registrar-Registry-ICANN Contract Purposes, in addition to dispute resolution services. Notes & Action items These high-level notes are designed to help the EPDP Team navigate through the content of the call and are not meant as a substitute for the transcript and/or recording. The MP3, transcript, and chat are provided separately and are posted on the wiki at: https://community.icann.org/x/2IpHBQ. 1. Roll Call & SOI Updates (2 min) * Attendance will be taken from Adobe Connect * Remember to mute your microphones when not speaking and state your name before speaking for transcription purposes. * Please remember to review your SOIs on a regular basis and update as needed. Updates are required to be shared with the EPDP Team. 2. Welcome and Updates from EPDP Team Chair (3 min) * Please take note of today's agenda - pretty full, but main objective is to start deliberations on 4.4 * Request for GDPR training from RySG - support expressed from many. Leadership team will work on options to provide a training that would be provided in addition to the regular Tuesday / Thursday meeting. Action item #1: EPDP Team to share recommendations for whom or which organization should be considered to provide GDPR training to the EPDP Team. 3. Reconcile input received on Triage Report, if needed, and confirm report for submission to the GNSO Council (5-10 min) * Comments submitted by BC, IPC, RySG, RrSG and Milton (see https://community.icann.org/x/jxBpBQ) * Comments focused on: * Reinforcement that comments made and recorded in this report are not binding, limiting or prejudicial on any party * Some important points were missed and should have been included * Correction of legal or other terminology * Form of the issue * Question * Some say “A” and others say “not A” * Some advocacy * Policy vs specification * Options going forward: one more draft accepting substantive points from above, or, submit color-coded matrix (and comments) only, use comment summaries to guide substantive discussion. * Consensus policy can include specification so not necessarily correct that GNSO Policy Recommendations cannot affect specifiations. But what is the difference between a policy and a specification? From a contracted party perspective, both are enforceable by Compliance. * Data elements redaction - should positions on current redaction be recorded in the triage report? Maybe better positioned for the substantive discussion that follows? * Important to get triage report done so EPDP Team can move on to substance. Action item #2: EPDP Team to provide input on path forward for triage report on the mailing list. 4. Review of project plan (10 min) (see also section category allocation attached) * See issue categorization table shared prior to the meeting - divided into four sections 1) Sections affected by EDPB, 2) Sections where the Team indicated that amendment is desirable (2a - sections where change is required to bring the section to compliance with GDPR, 2b) sections requiring less attention as issues are not expected to impact compliance with GDPR, 3) Sections related to existing policies / procedures, 4) background, rationale, justification / admin. * This categorization has inspired the proposed project plan for how issues are expected to be considered throughout the remaining meetings. * See project plan. * Will it be possible to keep this level of abstraction as there is interconnectivity between topics - for example what is the data collected for, for what legal basis and agree on certain data subjects being required for certain purposes and take those through the whole lifecycle of the data. * Update should be made to reflect that 4.4. is purposes for collection, not access. Need to focus on how purposes are related to collection, storage and disclosure as they relate to ICANN's mission. Action item #3: EPDP Team to review Issue Categorization and proposed Project Plan and provide feedback. 5. Touch base on comments received on & review status of: (10-20 min) A. Appendix D – Uniform Rapid Suspension (see discussion summary index (DSI) at https://community.icann.org/x/ExxpBQ) B. Appendix E – Uniform Domain Name Resolution Dispute Policy (see DSI at https://community.icann.org/x/ExxpBQ) C. Appendix G: Supplemental Procedures to the Transfer Policy (see DSI at https://community.icann.org/x/ExxpBQ) * No comments / input received to date * Leadership team to consider how to encourage input on how these appendixes may need to be updated, if needed 6. Commence deliberations for section 4.4 – Lawfulness and Purpose of Processing gTLD Registration Data (see DSI at https://community.icann.org/x/ExxpBQ) (50 min) * See slides distributed and discussed during the meeting (https://community.icann.org/download/attachments/90773587/EPDP%20Team%20Mee…) * Take particular note of the EDPB advice: There are processing activities determined by ICANN, for which ICANN, the registrars and registries, require their own legal basis and then there are processing activities determined by third parties, which require their own legal basis and purpose. ICANN should take care not to conflate its own purposes with the interests of third parties. Data legitimately collected by ICANN, registrars and registries would not categorically exclude the subsequent disclosure of personal data to third parties for their own (legitimate) interests and purposes. Personal data disclosure can be made for the purposes of the legitimate interests third parties, provided that those interests are not overridden by the interests or fundamental rights and freedoms of the data subject, i.e., disclosure is proportionate and limited to that which is necessary and the other requirements of the GDPR are met. * See slide 19 - purposes limited to the data necessary to provide services bargained for and required by contract, uses necessary to provide services bargained for and required by policy or contract. However there may be other legitimate purposes for which this data may be accessed for example by LEA or for consumer protection, investigation of cybercrime, DNS abuse, intellectual property protection, contract compliance. * Should be clear that ICANN does not determine the data to be collected alone, especially if Ry and Rr are considered joint controllers. * Overarching concern of the GAC is that there is only reference to the LEA and not references other public authorities and their obligation to carry out their tasks. Also need to clarify whether this also includes cross-jurisdictional requests, but with necessary safeguards on how these are to be handled. * Is this meant to be inclusive or are some purposes missing from slide 19? Performance of contract, consent do not seem to be covered, for example. UDRP is an example of a dispute resolution mechanism that is required by contract and as such, does it need to be subject to the balancing act? * Registars also collect information for its own purposes, on behalf of the account holder, such as invoicing information. Does this need to be controlled by ICANN? ICANN's role should focus on domain name registrations and the agreements it has with contracted parties. Need to be clear and look at the contractual relationships, these can also govern third party interests. Need to look at what data needs to be collected to fulfil contractual obligations and then review how this data can also be accessed for legitimate third party interests. * Need to bring in ICANN's purposes - why does ICANN require collection of data of CPs? Is done through the contract making contracted parties joint controllers. Third party legitimate interests are different from this - it is asking this data from Rr, not a legitimate purpose of Rr. * By whom are purposes pursued - see slide 20. * Slide 21 - proposed categorization of purposes (Registrar-Registry-ICANN Contract Purposes / Third-Party Purposes). Consider whether the breakdown should follow the GDPR (6.1(b), 6.1.(f), 6.1.(a)). * Possible path forward for Registrar-Registry-ICANN Contract Purposes - see slide 22. CP input needed - are there additional legitimate reasons why contracted parties collect data from registrants? Should these purposes be re-grouped to better capture their relevance, list and consolidate data necessary to support all purposes? * Possible path forward for third party purposes - see slide 23. Are the purposes enumerated here valid and legitimate? Do those purposes have a corresponding legal basis? If there are instances where personal data can be made available to third parties under these conditions, then we can retain the purpose in the Specification; Describe the data elements required. * Should ICANN Contractual Compliance move to Registar-Registry-ICANN Contract Purposes. * Registrars collect data for their business purposes that are well out of the ambit of ICANN's control, including the MS process. Need to keep in mind that distinction. Should make a clear demarcation of what data is collected and for what purposes it is collected as registration data in the gTLD world and what data the registrars process for their own purposes. Only the former shall be governed and enforced by ICANN. * What is the purpose of a domain name registration? Start at the basics. This maybe too complex to meet the deadlines that are in place? Most of the purposes outlined on slide 22, apart from 4.4.12 seem to be directly related to domain name registration. * Need to also consider whether there are other means to fulfil the needs identified. For example, for payment and invoicing there may be other ways in which contractual obligations are fulfilled. May be taking on too much. Should focus on essential elements of the temporary specification. * Isn’t that circular: “it’s in our contract, therefore it must be legal because the law allows for service of a contract" * Consider list of purposes and data elements, outlining processing steps. For example, excel sheet with all the data elements collected by the registrar, look at travel from that data from registrar to registry for performance to the contract, what on the basis of a legitimate interest, what on the basis of consent? That may focus on a sub-set of data elements that is collected by registrars. Then follow that for EBERO, escrow, ICANN, etc. See also https://www.icann.org/resources/pages/gtld-registration-dataflow-matrix-201… which could serve as a potential basis. * Consider adding ‘for the compliance with ICANN policies’ to slide 22. Some may not expressly listed here, so consider making it a stand-alone item. Note that any policies would need to be compliant with GDPR and a separate data protection impact assessment may be needed. * Concern about including purposes that go beyond ICANN’s mission, for example 4.4.8 and 4.4.9. Some noted that it is ICANN’s responsibility to make sure the DNS works and can be trusted. Should this be a rationale that is included as it is the basis for third party access? * If data is collected for the sole purpose of maintaining the registration and compliance with ICANN policies, isn’t third party access for a legitimate purpose not overcome by the rights of the individual, acceptable and consistent with ICANN’s mission? That is not disputed, but making third party purposes part of ICANN’s purposes is the concern as that could broaden what is collected. But focus is on purposes for collection that would focus on ICANN’s purposes so there would not be a risk that data collected is expanded as that cannot be done on the basis of a third party legitimate purpose. Third party purposes do not include collection. * Issue is with the reference to ‘framework’ without it being defined anywhere (in 4.4.8 and 4.4.9). Framework may be further addressed in the access discussion? Could be read as ready and available to support decisions that are made in the EPDP team? * Can an agreement be written up that data collected for domain name registration purposes can then be made available to third parties under certain conditions? Could ask third parties to flesh out which data elements would be needed for those third party access? * Should consider how 4.2 and 4.3 fit with this? Action item #4: Staff to review whether any other policies would need to be called out under Registrar-Registry-ICANN Contract Purposes, in addition to dispute resolution services. 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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Request for GDPR Training
by Rosette, Kristina Aug. 28, 2018

Aug. 28, 2018

All, I submit this request on behalf of the RySG and RrSG: The RySG and RrSG request that all EPDP WG Members and Alternates receive as soon as practicable the training about the GDPR referenced in the GNSO Council's 12 July Call for Volunteers. It is clear from the EPDP WG meetings to date that knowledge and understanding of the GDPR is uneven among the EPDP Members and Alternates. This uneven knowledge and understanding hinders participation and impedes the rapid progress of the WG that the Charter requires. The training should be in addition to (and not part of) the WG's Tuesday and Thursday meetings. Thank you. Kristina Rosette Senior Corporate Counsel, IP - Domains rosettek(a)amazon.com<mailto:rosettek@amazon.com> | 703.407.1354

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Re: [Gnso-epdp-team] Ahead of tomorrow's call
by Marika Konings Aug. 28, 2018

Aug. 28, 2018

Matt, all, The input received to date on the triage report can be found here: https://community.icann.org/x/jxBpBQ. Best regards, Marika From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Matt Serlin <matt(a)brandsight.com> Date: Monday, August 27, 2018 at 10:13 To: "gnso-epdp-team(a)icann.org" <gnso-epdp-team(a)icann.org>, "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Subject: [Gnso-epdp-team] Ahead of tomorrow's call Hi All, In looking at the agenda for the call tomorrow, I see we have 5-10 minutes to reconcile input received from each group on the Triage Report. Personally, I think it would help if we could get that input ASAP, so we have an opportunity to review it ahead of the call tomorrow. To that end, I’m attaching the RrSG feedback which was submitted Friday. I know we have an already packed agenda, but I’m concerned that 5-10 minutes on this topic on the call tomorrow will not be sufficient if the input received varied significantly. Look forward to speaking to everyone tomorrow. Regards, Matt

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Responses to early input request
by Marika Konings Aug. 28, 2018

Aug. 28, 2018

For your information, in response to the request for early input, a response was received from the SSAC. Their response, and any further input that may be received has been posted here: https://community.icann.org/x/Ag9pBQ. Staff will make sure to update the background documents section on the wiki with the documents referenced in the SSAC response. 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<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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REMINDER: Travel Planning to Los Angeles/ alternates needed by Tuesday, 28 August 2018
by Terri Agnew Aug. 27, 2018

Aug. 27, 2018

Hello all, As a reminder, please confirm by Tuesday, 28 August at the latest whether any alternates are replacing any members for the whole duration of the F2F meeting or a significant period of the F2F meeting (as outlined below) as staff needs a confirmation of number of attendees ASAP. To confirm an alternate replacement for a significant period of the F2F meeting, or the whole duration of the F2F meeting, please complete the following form: https://docs.google.com/forms/d/e/1FAIpQLScuCvS7vKS4MuaXwJmDcUHtOTskg6t5qrS… To date, two confirmations have been received (Lindsay Hamilton-Reid (RrSG) will be replacing Emily Taylor (RrSG) and Fiona Asonga (ISPCP) will be replacing Esteban Lescano (ISPCP) for the whole duration of the F2F meeting) Thank you. Kind regards, Terri -----Original Message----- From: Gnso-secs <gnso-secs-bounces(a)icann.org> On Behalf Of Terri Agnew Sent: Thursday, August 23, 2018 11:56 AM To: GNSO EPDP <gnso-epdp-team(a)icann.org> Cc: gnso-secs(a)icann.org Subject: Re: [gnso-secs] [Gnso-epdp-team] Travel Planning to Los Angeles Hello all, To get travel ready, those members who cannot attend in person and will assign an alternate for travel or a portion of the meeting, please complete the Alternate Assignment form (see below - point 2) by Tuesday, 28 August 2018. Members and Liaisons; ICANN Constituency Travel has sent out emails with your travel information. Please submit air or travel by Friday, 24 August 2018. If you have not received this email, let us know right away at gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> Thank you. Kind regards, Terri -----Original Message----- From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org<mailto:gnso-epdp-team-bounces@icann.org>> On Behalf Of Kurt Pritz Sent: Thursday, August 23, 2018 11:36 AM To: GNSO EPDP <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> Subject: [Gnso-epdp-team] Travel Planning to Los Angeles Hello Everyone: After reviewing the chat and content of our call Tuesday, 21 August, it has been decided to proceed with the meeting in Los Angeles as proposed. (See bullet three, below.) 1. Members who are attending in person already should have travel arrangements in process. 2. Members unable to attend should have designated their alternates for attendance, who should be in contact with ICANN regarding travel arrangements. (See Alternate Assignment form, https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_forms_…) Remote participation is available for members that prefer to participate remotely instead of designating an alternate. 3. Members who are attending but will miss a portion of the meeting should designate an alternate who will replace that member when they are gone from the meeting for a significant period. That alternate will be permitted to sit in on the entire three-day meeting but participate only when the member is absent from the meeting. In these cases, alternates will not be provided travel funding. Travel funding is allocated based on the number of members in each group. Remote participation will also be available for those members that prefer to participate remotely instead of designating an alternate. If any of the above is not clear or if you have questions, you can contact me, Rafik or the ICANN Support Team. Through this email, I am asking Terri Agnew to follow up with you to ensure all necessary travel is planned and funded. I am looking forward to the meeting and commit to work with the support staff to make the effort on your part worth your while. Best regards, Kurt _______________________________________________ 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 _______________________________________________ Gnso-secs mailing list Gnso-secs(a)icann.org<mailto:Gnso-secs@icann.org> https://mm.icann.org/mailman/listinfo/gnso-secs

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Re: [Gnso-epdp-team] Correction!!
by Mueller, Milton L Aug. 27, 2018

Aug. 27, 2018

> -----Original Message----- > My understanding is EPDP was tasked to find a way > to gain access to WHOIS data without running foul of GDPR and nothing > else..compliance with other laws was not part of the EPDP mandate. > Aslam That is a pretty fundamental misunderstanding of the ePDP's charter. The basic task of ePDP is to ratify or modify the temp spec. Here is the relevant statement from the charter. " This EPDP Team is being chartered to determine if the Temporary Specification for gTLD Registration Data should become an ICANN Consensus Policy, as is or with modifications, while complying with the GDPR and other relevant privacy and data protection law." Regarding access, the charter says, "Work on this topic shall begin once the gating questions above have been answered and finalized in preparation for the Temporary Specification initial report" So: 1) temp spec first; 2) "other relevant privacy and data protection law" is applicable, not just GDPR; 3) we deal with access to redacted Whois data after we have resolved the status of the temp spec. Here's a link to the charter: https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec…

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Ahead of tomorrow's call
by Matt Serlin Aug. 27, 2018

Aug. 27, 2018

Hi All, In looking at the agenda for the call tomorrow, I see we have 5-10 minutes to reconcile input received from each group on the Triage Report. Personally, I think it would help if we could get that input ASAP, so we have an opportunity to review it ahead of the call tomorrow. To that end, I’m attaching the RrSG feedback which was submitted Friday. I know we have an already packed agenda, but I’m concerned that 5-10 minutes on this topic on the call tomorrow will not be sufficient if the input received varied significantly. Look forward to speaking to everyone tomorrow. Regards, Matt

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***REMINDER*** Meeting Invitation / Alternates & Observers / GNSO Temp Spec gTLD RD EPDP call / Tuesday, 28 August 2018 at 13:00 UTC
by Julie Bisland Aug. 27, 2018

Aug. 27, 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/UxhpBQ Kind Regards, Andrea Glandon

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