Dear All, Recommendation number 13, which we reference in the report mentions web forms and email addresses. Many of the CPs have opted to using the web forms and not the email address. The legal memo received by bird & bird explains that pseudonyms email addresses disclosed through SSAD would pose a low legal risk to CPs and therefore we could have discussed further the possibility of automatically disclosing pseudonyms email addresses through SSAD. However, we did not do this because we were discussing the web forms which the CPs are already using and how to make them more efficient. So let’s go ahead and try to improve the usefulness of the web forms or consider improving the use of SSAD in this regard. Best Hadia On May 25, 2021, at 12:45 PM, Volker Greimann via Gnso-epdp-team <gnso-epdp-team@icann.org> wrote: Hi Brian You conveniently left out half the sentence there. Accidental? Here it is in its full context: „ consider specific proposals that provide sufficient safeguards to address issues flagged in the legal memo.“ Stating that the proposals around web forms were flagged in the legal memo is a stretch at best. Volker On Tue 25. May 2021 at 20:35, King, Brian via Gnso-epdp-team <gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org>> wrote: Hi all, As noted, we are supposed to “consider specific proposals that provide sufficient safeguards…” The proposal around web forms is such a proposal. As such, we should include it in the initial report so we can solicit public comments. Brian King He/Him/His Head of Policy and Advocacy T +1 443 761 3726 Time zone: US Eastern clarivate.com<http://www.clarivate.com> | Accelerating innovation Follow us on LinkedIn<https://www.linkedin.com/company/clarivate>, Twitter<https://twitter.com/clarivate?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor>, Facebook<https://www.facebook.com/clarivate/> and Instagram<https://www.instagram.com/clarivateofficial/?hl=en> From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org<mailto:gnso-epdp-team-bounces@icann.org>> On Behalf Of Sarah Wyld via Gnso-epdp-team Sent: Tuesday, May 25, 2021 2:00 PM To: Alan Greenberg <alan.greenberg@mcgill.ca<mailto:alan.greenberg@mcgill.ca>>; Volker Greimann <vgreimann@key-systems.net<mailto:vgreimann@key-systems.net>> Cc: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] Recommendation on Web Forms Hello all, The Instructions for this phase were clear: b) In relation to feasibility of unique contacts to have a uniform anonymized email address, the EPDP Team is expected to review the legal guidance and consider specific proposals that provide sufficient safeguards to address issues flagged in the legal memo. Groups that requested additional time to consider this topic, which include ALAC, GAC and SSAC, will be responsible to come forward with concrete proposals to address this topic. This consideration is expected to address: i. Whether or not unique contacts to have a uniform anonymized email address is feasible, and if feasible, whether it should be a requirement. ii. If feasible, but not a requirement, what guidance, if any, can be provided to Contracted Parties who may want to implement uniform anonymized email addresses. For clarity, the GNSO Council is not directing any particular outcome on either topic, but as manager of the PDP, it is sharing its expectations with regards to which questions are expected to be addressed as part of the EPDP Team’s deliberations. Consistent with the PDP Manual, the GNSO Council does expect that all the required steps are followed in the consideration of these issues which may include further public comment on an Initial Report and a Final Report that would be considered an addendum to the EPDP Phase 2 Final Report. Web form requirements are not considered here, and the relevant recommendation is not described as open for review. Web form requirements are out of scope for this EPDP Phase 2a. -- Sarah Wyld, CIPP/E Policy & Privacy Manager Pronouns: she/her swyld@tucows.com<mailto:swyld@tucows.com> +1.416 535 0123 Ext. 1392 <image001.png> From: Alan Greenberg via Gnso-epdp-team<mailto:gnso-epdp-team@icann.org> Sent: May 25, 2021 1:56 PM To: Volker Greimann<mailto:vgreimann@key-systems.net> Cc: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] Recommendation on Web Forms Volker, if you and the other registrars agree to be bound by contractual limitations of what a web form should contain as set by the Phase 1 IRT (presuming it agrees to take this on), I would consider it. I have not heard such agreements. Phase 2a is discussing email contact to registrants. That is Phase 1 Recommendation 13. This is not expanding the scope of this PDP phase. Alan At 2021-05-25 01:22 PM, Volker Greimann wrote: Hi Alan, you are correct: This should be addressed as part of the P1 IRT, not this group. We cannot willy-nilly expand the scope of a PDP. Or should we ask to include some transfer issues relating to registration data next? Or change the ICANN bylaws? -- Volker A. Greimann General Counsel and Policy Manager KEY-SYSTEMS GMBH T: +49 6894 9396901 M: +49 6894 9396851 F: +49 6894 9396851 W: www.key-systems.net<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.key-2Dsystems.net_&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=UO3Ndb2CNNFOlacUjaJcFD3g9_Cn4MRxFEqyvqdSRHA&e=> Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835 CEO: Oliver Fries and Robert Birkner Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358. This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached. Virus-free. www.avast.com<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_sig-2Demail-3Futm-5Fmedium-3Demail-26utm-5Fsource-3Dlink-26utm-5Fcampaign-3Dsig-2Demail-26utm-5Fcontent-3Dwebmail&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=3algzvngVYwA3XyF6EYGbpSkcWBpJoN_sN5bzjyAtTQ&e=> On Tue, May 25, 2021 at 6:45 PM Alan Greenberg <alan.greenberg@mcgill.ca<mailto:alan.greenberg@mcgill.ca> > wrote: Volker et al, The Chair suggested that this issue should be addressed, but by the Phase 1 IRT. I believe that he was correct in that the issue does need to be addressed but do not believe that is a real possibility, since the Phase 1 policy did not imply and web form content requirements. So that leaves us with needing to take some other action to remedy the Phase 1 recommendation that is not working. Unless you are recommending starting a new PDP just to address this issue, this is a way to finesse it. We include it in our report and solicit input. And of course discuss it following the comment period. If indeed the instructions from the GNSO Council need to be changed (which I do not believe), that could happen after the public comment period. This Phase 2a DOES have the mandate to require some form of email address be used. So we ARE discussing a change to Recommendation 13. If we choose NOT to do that, we need to make sure the remaining policy is viable. So I believe this recommendation is indeed in scope! Alan At 2021-05-25 12:30 PM, Volker Greimann wrote: Hi Laureen, yes, we did discuss it and always returned to the point that it was out of scope for our group. While I understand the desire to have something on webforms included, discussion was rather one-sided due to the scope. I understand from other registrars that there are many issues with input fields as part of the webforms and they have chosen the format of their forms for a reason. Best, -- Volker A. Greimann General Counsel and Policy Manager KEY-SYSTEMS GMBH T: +49 6894 9396901 M: +49 6894 9396851 F: +49 6894 9396851 W: www.key-systems.net<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.key-2Dsystems.net_&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=UO3Ndb2CNNFOlacUjaJcFD3g9_Cn4MRxFEqyvqdSRHA&e=> Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835 CEO: Oliver Fries and Robert Birkner Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358. This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached. Virus-free. www.avast.com<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_sig-2Demail-3Futm-5Fmedium-3Demail-26utm-5Fsource-3Dlink-26utm-5Fcampaign-3Dsig-2Demail-26utm-5Fcontent-3Dwebmail&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=3algzvngVYwA3XyF6EYGbpSkcWBpJoN_sN5bzjyAtTQ&e=> On Tue, May 25, 2021 at 6:17 PM Kapin, Laureen <LKAPIN@ftc.gov<mailto:LKAPIN@ftc.gov>> wrote: To be fair, this issue has been discussed many times during our meetings. This recommendation merely captures what has already been proposed by certain SGs. Hence I suggest that it be included for the purpose of soliciting public comments. Laureen Kapin Acting Assistant Director Division of Consumer Response and Operations Bureau of Consumer Protection Federal Trade Commission From: Gnso-epdp-team < gnso-epdp-team-bounces@icann.org<mailto:gnso-epdp-team-bounces@icann.org>> On Behalf Of Volker Greimann via Gnso-epdp-team Sent: Tuesday, May 25, 2021 11:56 AM To: Alan Greenberg <alan.greenberg@mcgill.ca<mailto:alan.greenberg@mcgill.ca> > Cc: EPDP <gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> > Subject: Re: [Gnso-epdp-team] Recommendation on Web Forms Hi, I think it is not appropriate to introduce a new recommendation at the last minute that has not been deliberated and seems to me to be out of scope of this WG. While I have no objection to the content of this recommendation, and KS has already implemented its webforms in a similar manner, I think the process concern must prevail here. Best, -- Volker A. Greimann General Counsel and Policy Manager KEY-SYSTEMS GMBH T: +49 6894 9396901 M: +49 6894 9396851 F: +49 6894 9396851 W: www.key-systems.net<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.key-2Dsystems.net_&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=UO3Ndb2CNNFOlacUjaJcFD3g9_Cn4MRxFEqyvqdSRHA&e=> Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835 CEO: Oliver Fries and Robert Birkner Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358. This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached. <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_sig-2Demail-3Futm-5Fmedium-3Demail-26utm-5Fsource-3Dlink-26utm-5Fcampaign-3Dsig-2Demail-26utm-5Fcontent-3Dwebmail&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=3algzvngVYwA3XyF6EYGbpSkcWBpJoN_sN5bzjyAtTQ&e=> Virus-free. www.avast.com<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_sig-2Demail-3Futm-5Fmedium-3Demail-26utm-5Fsource-3Dlink-26utm-5Fcampaign-3Dsig-2Demail-26utm-5Fcontent-3Dwebmail&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=3algzvngVYwA3XyF6EYGbpSkcWBpJoN_sN5bzjyAtTQ&e=> On Tue, May 25, 2021 at 2:45 AM Alan Greenberg via Gnso-epdp-team <gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> > wrote: Unfortunately, Mark and I did not get this in prior to the Friday deadline, but we still believe that it is crucial to include in the Initial Report. Although some form of email address is a far preferable solution for many on this EPDP, it appears that this will not be a recommendation. As it stands, the EPDP Recommendation #13 which is supposed to facilitate communications with the registrant does not achieve its goal. Many registrars are using web forms, and in many cases, they are effectively useless. As an example, one common example is a form that simply lets the requestor select one of three messages (Domain name or content is being used in malware, or for spam or abuse; Domain name or content is infringing on a trademark or violating local laws or regulations; or Research or other purpose). It has been suggested that this matter be referred to the Phase 1 IRT, but without a recommendation saying that the policy may set web form content, there is no way for the IRT to establish such enforceable rules. Accordingly, the Initial Report must include a new Recommendation: Recommendation The Phase 1 Recommendation 13 should be amended to include: Should a Registrar choose to use a web form, that form must allow at the requester to specify the Subject of the email to be send (up to 64 characters) and a free-form text message of up to 512 characters to be included in the communication to the registrant. Alan & Mark _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org<mailto:Gnso-epdp-team@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdp-team<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_gnso-2Depdp-2Dteam&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=2c1WubgQPczcl3NHrFw7S_C5grRg8YbRy_JDPAUwPoU&e=> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy ( https://www.icann.org/privacy/policy<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_privacy_policy&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=LoGJnMwIQK7dJVfY5z2xXbS_ywPvkzXnrTnY56H9Hy0&e=>) and the website Terms of Service ( https://www.icann.org/privacy/tos<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_privacy_tos&d=DwMFaQ&c=OGmtg_3SI10Cogwk-ShFiw&r=qQNCXqU_XE2XIdXbawYmk-YDflYH6pd8ffXlzxU37OA&m=fqGA9mr5tB6P4A4OU2KyhKn5vxvLxvZaVG58CGNsy0I&s=62hc0X5nxMZeMbNFnNbMZPV5djsE35sgOvkIEkf83tE&e=>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. Confidentiality note: This e-mail may contain confidential information from Clarivate. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, please delete this e-mail and notify the sender immediately. _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org<mailto:Gnso-epdp-team@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdp-team _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. -- -- Volker A. Greimann General Counsel and Policy Manager KEY-SYSTEMS GMBH T: +49 6894 9396901 M: +49 6894 9396851 F: +49 6894 9396851 W: www.key-systems.net<http://www.key-systems.net/> Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835 CEO: Oliver Fries and Robert Birkner Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358. This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached. _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.