Dear EPDP Team,

Please find below the notes and action items from today’s EPDP Team meeting.

Best regards,

Caitlin, Berry and Marika

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EPDP Team Meeting #28

Tuesday, 19 November 2018

Notes and Action Items

High-level Notes/Actions:

Action item #1: Kurt to write to GNSO Council and inform them of timing of publication of Initial Report, reasons for it and how EPDP Team still intends to meet the overall timeline.

Action item #2: Staff to update executive summary to make clear references to where full context of discussion can be found.  

Action item #3: Thomas and Kristina to suggest updated wording for #13 and #21 to capture discussions (COMPLETED).  

Action item #4: staff to circulate proposed rewording of rec #2 re. further work on the a system for Standardized Access to non-public Registration Data to the mailing list (COMPLETED)

Action item #5: EPDP Team to provide further input on Purpose O and how to deal with it in the context of the Initial Report on the mailing list prior to the next meeting.

Action item #6: Staff to develop draft language that reflects proposed approach by Margie in relation to Purpose O.

Action item #7 EPDP Team to review proposed addition to Responsibilities in Processing Data section circulated by Thomas and share any feedback on the mailing list prior to the next meeting.

Action item #8: Margie to review input received on proposed addition to UDRP section to address concerns re. reference to fees and whether this is work for the EPDP Team to undertake and propose updates to address this input.

Action item #9: Staff to share proposed format for public comment forum prior to next meeting.

Questions for ICANN Org from the EPDP Team:

None

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/DQnVBQ.    

1. Roll Call & SOI Updates (5 minutes)

• 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 (5 minutes)

a. Review of outstanding action items - see https://community.icann.org/x/NwSNBQ

b. Other updates, if applicable

• Note that notifications to make travel arrangements for next F2F meeting should be received shortly
• Will discuss new approach during today's meeting for public comment forum later in the meeting - use of google form to facilitate input as well as review by EPDP Team

Timing of publication of Initial Report

• What are the next steps with regards to publication of the Initial Report? May slip a few days.
• Does current version describe issue in sufficient detail?
• Any additional time will impact overall timeline so needs to be considered carefully.
• Perfect shouldn't become the enemy of the good
• Version published earlier today captures non-substantive edits as a result of comments submitted between Friday and Sunday. Additional edits as a result of today's meeting will be applied as soon as possible following this meeting.
• Should EPDP Team consider just publishing the Executive Summary and not the rest of the report? Consider freezing as is, and issue executive summary and ask for input on that. Note that there are minimum requirements for what needs to be included in the Initial Report.
• Instruct readers to focus on executive summary, but for transparency reasons the rest of the document should be included.
• What are the requirements for Initial Report publication? Could executive summary be posted first and then followed by the detailed info, or would that impact the duration of the public comment period? Could impact duration as community could request additional time for info posted late.
• Consider renaming executive summary to Initial Report Executive Summary. Consider including links to substantive discussions. Could recommendations be removed from the other part of the report? Keep recommendations with the rest of the report as it will provide the context.
• Important to be able to provide full context, even if some just review the executive summary. Make executive summary available as a separate download.
• Objective is to obtain high quality feedback - means that full context of deliberations is important.
• When will changes be frozen?
• No new comments to be made on the report - deal with comments that have been provided by COB on Sunday 18 Nov. Once EPDP Team has gone through these comments, final version will be shared with EPDP Team. Publish Initial Report by next week Monday or Tuesday at the latest.
• Note that publishing next Monday or Tuesday will put the end of the public comment forum on 26 or 27 December.

Action item #1: Kurt to write to GNSO Council and inform them of delay of publication of Initial Report, reasons for it and how EPDP Team still intends to meet the overall timeline.

Action item #2: Staff to update executive summary to make clear references to where full context of discussion can be found.  

3. Continue review & discussion of comments / input received on Initial Report

Objective of discussion:

(1) Review proposed changes / comments on the Initial Report that require EPDP Team consideration

(2) Agree on if/how these proposed changes / comments are to be applied to the Initial Report

a. Commence review of proposed changes / comments on the Initial Report (see latest version attached)

b. Confirm approach for addressing these

c. Confirm next steps, if any

• See list shared prior to the meeting
• a1 - this footnote was product of last meeting. Does this conflict with recommendation #2? Is accuracy is part of the charter? This was identified as a parking lot item - it may not change anything, but just to note that it is expected to be discussed further in phase 2. Accuracy means something different in the context of GDPR than it does in the context of ICANN accuracy policies. Consider changing to "The topic of accuracy is expected to be further considered". Update accordingly: The topic of accuracy as related to GDPR compliance is expected to be considered further.
• b1 - this appears redundant is it is already captured in the legal/natural person discussion in quite some detail. Not clear what value this language adds. This would need to be further discussed - should be submitted during public comment forum. Input is already sought on this topic through the questions that are included in relation to legal / natural. Current wording may raise expectations that a recommendation is forthcoming which may not be an accurate reflection of conversations to date. No changes to be made.
• c1 - consider adding "some parties have asserted that".
• d1 - check wording from GDPR. Leave for now as is. Recital 14 of GDPR:  This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person. Leave as is.
• e2 - would need to identify who those members with expertise are before this can be put in. This distinction is not made in other parts either. Leave as is.
• f2 - flagged for EPDP Team to either consider now or later - not necessarily prior to publication (this applies to all ICANN Org comments). Consider adding a footnote with ICANN Org comment and note that it will be further discussed.
• g2 -
• h2 - doesn't this recommendation just note that an appropriate agreement needs to be in place?  
• i2 - language of rec 21 is ambiguous - leaves open what the right type of agreement is. Not clear what intent was. Objective is to capture that ICANN Org is to enter into an appropriate agreement. Remove reference to CP from recommendation #21 and just limit it to third parties that might be required. Thomas & Kristina to suggest proposed rewording for recommendation #21. Recommendation #13 to cover contractual relationships with contracted parties and #21 to focus on third parties. Proposed revised Rec. 21: The EPDP Team recommends that ICANN Org enters into the required agreements such as a Data Processing Agreement (GDPR Art. 28) or Joint Controller Agreement (Art. 26), as appropriate, with the non-Contracted Party entities involved in registration data processing such as data escrow providers and EBERO providers. These agreements are expected to set out the relationship obligations and instructions for data processing between the different parties.
• RrSG comments will be submitted in response to the public comment forum - do not need to be considered now prior to publication of Initial Report.
• s - note that additional comments/input on this recommendation were also provided on the mailing list. Recommendation #2 was result of a compromise reached in Barcelona. Consider updating this language to reflect language from the charter which outlines the aspects of work remaining under the charter. Some indication needed in the report that IP interests are covered. Consider adding in a commitment a for instance, not limited to, not definitive list, defer discussion to what is included to later date. Possible alternative: The EPDP Team commits to develop policy to allow for responses to lawful third party disclosure requests for non-public registration data. The work will encompass, amongst others, disclosure in the course of intellectual property infringements and abuse cases. Need to commit to follow a process, not an outcome. Possible alternative to add to staff proposed language 'this will include consideration of IP and abuse cases'. Relying on the charter language may be helpful with the addition of what will be part of this consideration. Not all agree with addition - charter language should be sufficient.
• Talk about lawful disclosure, refer to future.    

Action item #3: Thomas and Kristina to suggest updated wording for #13 and #21 to capture discussions (COMPLETED).  

Action item #4: staff to circulate proposed rewording of rec #2 to the mailing list (staff proposed language

4. Other items to be finalized:

Purpose O – how to address in Initial Report

• See language circulated by Benedict and Margie’s proposed approach for dealing with it in the Initial Report (“important issue that should be called out in the Initial Report.  The Purpose O discussion  should be written to note the concern regarding ICANN ‘s ability to continue publishing for the  reports from the Accuracy Reporting System in the manner that was possible before May 25^th, and to note OCTO’s  use of the data before May 25^th, and to ask the question of whether the purposes listed in the report enable or should enable this continued use by OCTO and by ICANN”).

Action item #5: EPDP Team to provide further input on Purpose O and how to deal with it in the context of the Initial Report on the mailing list prior to the next meeting.

Action item #6: Staff to develop draft language that reflects proposed approach by Margie.

Additional language re. responsibilities section (Thomas)

• See proposed addition posted by Thomas to the mailing list to reflect the discussion during meeting #27 of this topic.

Action item #7 EPDP Team to review proposed addition and share any feedback on the mailing list prior to the next meeting.

Additional language re. UDRP (Margie)

• See updated language circulated by Margie on Friday and subsequent feedback.

Action item #8: Margie to review input received on proposed addition to UDRP section and propose updates to address this input.

5. Next steps for publication:

Public comment forum – Google form

Action item #9: Staff to share proposed format for public comment forum prior to next meeting.

Community Webinar

• Leadership considering hosting a webinar in conjunction with the publication of the Initial Report to present the report and preliminary recommendations, as well as provide guidance on how input is expected to be provided.

Letter to EDPB

• Leadership team is working on a draft letter to the EDPB to convey the Initial Report and call out the specific questions that have been flagged in the Initial Report.

All items to be further discussed during the next meeting, scheduled for Tuesday 20 November at 14.00 UTC.

6. Wrap and confirm next meeting to be scheduled for Tuesday 20 November at 14.00 UTC.

a)      Confirm action items

b)     Confirm questions for ICANN Org, if any changes. Apologies to those who are not affected by DST.

Marika Konings

Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) 

Email: marika.konings@icann.org

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