I absolutely disagree with the points Alan raises here:

1) The Charter terms require us to determine whether there is a need to require a determination and certain mechanisms. This determination of need and necessity cannot be plucked out of thin air, but must be based on exactly those considerations we are debating and that you seek to cut short with this intervention. The consideration of data items is not secondary, but primary to allowing us to make the determination in the first place.

2) This argument is backwards. We cannot argue that we need to differentiate because otherwise we cannot create metrics on the differentiation. If, as an extreme example, we recommend not to require anything, how should we measure that success? We first need to figure out what is necessary and what should be required and then, only then can we worry about measuring how to measure the success of that.

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On Thu, Apr 15, 2021 at 1:46 AM Alan Greenberg via Gnso-epdp-team <gnso-epdp-team@icann.org> wrote:

I would like to raise two points of order.

Although my preference is for the PDP to generate consensus policy on
the Legal/Natural issue, I understand that ultimately that may not be
possible. That being said:

1. There have been recent discussions that we should not be creating
advice on whether a registrant is a legal or natural person, but
rather whether the data items contain personal information. The
wording from the EPDP Charter is "Should Contracted Parties be
allowed or required to treat legal and natural persons differently,
and what mechanism is needed to ensure reliable determination of
status?" If there is a need to consider individual data items, that
is a secondary issue, but we need to stick to the charter terms.

2. The Key Metrics Considerations part of the EPDP Charter requires
the we ensure that we will have metrics to determine the success of
our recommendations. As such, if we decide that we will not issue
policy recommendation on the legal/natural issue, but rather only
guidance, we must also include a policy requirement that contracted
parties report on whether or not they are actually following the
guidance. If we do not do that, there is no way to measure our
ultimate success.

Alan

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