Reminder:

1. EPDP Team Members to provide additional feedback, if any, on the proposedapproach by Monday, 20 May COB(see Phase 2 Draft Approach - upd 16 May 2019.pdf)
2. EPDP Team Members to provide feedback on worksheets published to datein advance of the next EPDP Team meeting on Thursday, 23 May. (see https://community.icann.org/x/5oaGBg)
3. EPDP Team Members to provide additional clarifying questions on legal memos, if any, byThursday, 23 May.

Best regards,

Caitlin, Berry and Marika

Dear All,

Please find the notes and action item’s from today’s EPDP Team call below.

The next EPDP meeting is scheduled for Thursday, 23 May at 14:00 UTC.

Best regards,

Caitlin, Berry and Marika

--

EPDP Phase 2 - Meeting #2

Thursday, 16 May 2019 at 14.00 UTC

Action Items

1. Leadership Team and Support Staff to develop initial glossary of working definitions for EPDP Team feedback in advance of next EPDP Team meeting on Thursday, 23 May.
2. Support Staff to provide initial draft of outreach message to SG/C/SO/AC to request early input in advance of next EPDP Team meeting on Thursday, 23 May. EPDP Team members to consider questions that should be included in the outreach message.
3. EPDP Team Members to provide feedback on worksheets published to date in advance of the next EPDP Team meeting on Thursday, 23 May.
4. Support staff to develop or update worksheets for remaining topics (accuracy and standardized framework for A/D)
5. Support Staff to review legal clarifying questions received to date and align them with legal memos and consolidate where possible in advance of the next EPDP Team meeting on Thursday, 23 May.
6. EPDP Team Members to provide additional clarifying questions on legal memos, if any, byThursday, 23 May.

1.               Roll Call & SOI Updates (5 minutes)

·        Attendance will be taken by Zoom room

·        Alternates are required to add “zzz” to their name within Zoom - in order to do this, please hover over your name and click “rename”

·        SOIs must be kept up-to-date; please contact the GNSO secretariat for assistance in updating your SOI

·        On Monday, 21 May at 13.00, there will be a Zoom drop-in call for those who wish to familiarize themselves with Zoom

2.               Confirmation of agenda (Chair)

              Feedback:

·        Would it be possible to start with a brief overview of the Board resolution that just adopted?

·        Answer: Since Board resolution has not yet been published, we will wait to discuss the resolution.

·        Have there been any preliminary decisions made by the Council during its meeting today?

·        Answer: Because of the limited time in the agenda, the Council was unable to discuss this. There will be a special meeting on this topic in the future.

3.               Welcome and housekeeping issues (10 minutes)

a.                    Bilateral meetings of the Chair to date

·        3 bilateral meetings

o   Board liaisons

o   Contracted parties

o   European Commission

·        SSAC has reached out for an informal meeting

·        Regarding meeting with EC - very general discussion re: the letters sent after approval of Phase 1 and the letter sent on 3 May.

b.                    ICANN65 Travel Support (Marika) (seehttps://community.icann.org/x/6hdIBg)

·        The process has been completed for travel support requests

·        Three members will receive travel support: Alex Deacon, Amr Elsadr, and Thomas Rickert

·        This information has been posted on the wiki page

c.                     Confirmation of immediate resources (Rafik) (seehttps://gnso.icann.org/en/correspondence/chalaby-to-drazek-et-al-06may19-en.pdf [gnso.icann.org])

·        GNSO Council made resource request to the Board for the initial work in Phase 2

·        Board approved resources for telecom/transcription serves, travel support, legal counsel and professional mediation services through this fiscal year

·        The Board is awaiting a GNSO Council-approved work plan before approving additional resources

4.               Review and discussion of draft approach for phase 2 (45 minutes) (Chair):

·Review draft approach (see attached, with minor updates in red to reflect input received)

• The main objective of Workstream 1 would be to develop rules for sharing non-public registration data with third parties
• There was discussion re: the terminology of access vs. disclosure - proposal to use “AD” instead of access or disclosure rather than discussing the choice of terms at length
• Proposal to work in two streams - there was comments re: not working in two streams; some argued that the team should accelerate the Phase 2 work
• Sample worksheets have been distributed to the list - does the team find these worksheets useful?
• Clarification letter from the European Commission was received on 3 May 2019 - reference to a unified access model
• Propose to start with working definitions for the Team’s conversation - these will not be legal definitions, but rather, would be used for the sake of a common understanding
• Slide 6 shows an non-exhaustive outline of issues to be considered during workstream 1, e.g., legal guidance, terminology, etc.
• Proposing to have an additional F2F meeting in Los Angeles in mid-September 2019 and possibly in January 2020 (in addition to F2F time at ICANN meetings)
• Target for Montreal - Initial report for WS1

·Each group to provide their input on the draft approach (what, why and how things could or should be done different)

                                                                      i.      RySG

·        RySG has not had an opportunity to sync up on a unified response

·        Important to seek further input from SOs/ACs

·        Disclosure and Access needs to be lawful

·        Worksheets may not be helpful. Similar worksheets were considered for Phase 1 but were not utilized. If the EPDP team goes forward with the worksheets, the team should commit to use, maintain, and update the worksheets.

                                                                     ii.      RrSG

·        Nothing to add at this time

                                                                   iii.      IPC

·        Timeline is needed for workstream 2

·        Setting a meeting every other week for workstream 2 may not be enough

·        Worksheets are helpful, and hoping the Team can utilize these going forward

                                                                   iv.      BC

·        Please refer to the BC’s email from 15 May

·        The term legal certainty is not the appropriate standard as this may be unattainable; however, reduction of risk is important to consider

·        Workstream 2 is missing items from the Phase 1 Final report, such as accuracy

                                                                      v.      ISPCP

·        Meeting schedule is acceptable

·        The UDAM may be too ambitious if we would like to bake in feedback from the authorities - if that is the case, it is likely an unrealistic timeline

                                                                   vi.      NCSG

·        Postpone response on the work plan until next week

·        Re: EPDP working with ICANN org and European Data Commissioner - what does that mean?

o   Re: letter from ICANN CEO for subteam to talk through policy questions related to Phase 2 in order for ICANN org to interact with European data protection agencies - proposal is to engage not as a subteam but as the whole EPDP Team at an appropriate time. This is a communication line that will facilitate the EPDP Team’s work.

                                                                 vii.      GAC

·        The timeline is consistent with GAC advice to date. We should find areas to compress the timeline if at all possible

·        Terminology re: access vs. disclosure should not be a prolonged discussion

·        Support the multiple work streams approach, but the team should remain flexible

·        Worksheets could be a useful tool

                                                                viii.      ALAC

·        Generally support the work plan

·        Concerned about the timeline for workstream 2

·        Regarding board resolution - if there are additional issues that need to be dealt with in implementation, they may have to dealt with urgently

·        An item missing from the plan - when will we deal with the legal advice received in Phase 1?

                                                                   ix.      SSAC

·        In support of parallel workstreams

·        More comments will be provided on the list shortly

                                                                     x.      Board liaisons

·        Proposed path forward is acceptable

                                                                    xi.      ICANN Org liaisons

·        No specific comments on draft approach - however, if issues need to be raised after additional internal consultation, we will raise them on the list

·Confirm agreements and, if applicable, areas that need to be reviewed

• No group disagreed with the proposal as a whole
• Confirm next steps & action items
  • EPDP Members to provide general comments on draft approach by Monday, 20 May -
  • Next call - finalize the approach and propose additional details to the work plan for discussion.
  • Leadership team to share initial glossary of terms for discussion during the next meeting - working definitions (not legal definitions)

5.               Discuss required step of “soliciting of statements from GNSO Stakeholder Groups and Constituencies” (5 minutes) (Marika)

·        One required step of the PDP/EPDP - request early input from SGs/Cs to inform the deliberations

·        This concept was made in the context of a potentially underrepresented group, which is not the case in the EPDP

·        The timeframe given is 21 days for groups to provide input

·        Factoring in the specific set up of the group and the representation, what can be done to meet this requirement without creating duplicate work?

·        One approach: once the Team has reached agreement on the approach - share it with the groups and input received during Phase 1 and ask if there is any new or additional information that groups want to provide so that the input is not merely a repetition of feedback already received.

                               Feedback:

·        Important to give SOs/ACs an opportunity to provide early input to the Team’s work

·        The question is not if the group can discard the step, but rather - how should the Team go about getting the feedback - should specific questions be asked? What format should the request take?

·        Providing targeted questions to the SOs/ACs would be helpful

• Support Staff to prepare draft of outreach message for initial SO/AC input before next call

6.               Workstream 2 Worksheets (10 minutes) (Chair)

• Confirm latest status
  • From a staff perspective, the worksheets are helpful for the scope of the work and the expected deliverable
  • Important for the Team members to review the worksheets so that Staff can translate the work sheets into timeframes, necessary input, etc.
  • Staff plans to document conversations on these topics as they happen within the worksheets and will also use the worksheets for draft recommendations and supporting text
  • Feedback: if worksheets are used in the method described, they could be useful, so long as they are a living document
  • EPDP Team Members to provide feedback on worksheets published to date by next EPDP Team meeting
• Confirm deadline for review and input
  • EPDP Team Members to provide feedback on worksheets published to date by next EPDP Team meeting

7.               Review of clarifying questions received in relation to legal memos (10 minutes)

• Review clarifying questions received
• Support staff to review the questions received so far and align them with memos received. The EPDP Team can then review the questions.
  • The Board resolution may impact the questions asked, so more time is needed.
• Confirm next steps
• Deadline for EPDP Team members to provide additional feedback - Thursday, 23 May

8.               Any other business

9.               Wrap and confirm next meeting to be scheduled for Thursday, 23 May at 14.00 UTC (5 minutes)

• Confirm action items
• Confirm questions for ICANN Org, if any