Hi Stephanie and Kristina Thank you for your work on the draft. It looks good to me. Best wishes Emily On Tue, Dec 4, 2018 at 2:52 PM Stephanie Perrin < stephanie.perrin@mail.utoronto.ca> wrote:

I am resending this letter for those who missed it, renaming as draft EDPB letter.

Stephanie

-------- Forwarded Message -------- Subject: Re: [Gnso-epdp-team] Recordings, Attendance & AC chat from the GNSO Temp Spec gTLD RD EPDP Small Roles & Responsibilities team held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC Date: Thu, 29 Nov 2018 22:45:29 -0500 From: Stephanie Perrin <stephanie.perrin@mail.utoronto.ca> <stephanie.perrin@mail.utoronto.ca> To: gnso-epdp-team@icann.org

And attached is the abbreviated version of the draft letter which I promised in the first meeting today. I am very grateful to Kristina Rosette for her comments; we have it almost shrunk down to one page (if you like it, you can simply drop the font one point and we will be there :-))

Stephanie Perrin On 2018-11-29 20:57, Terri Agnew wrote:

Dear all,

Please find the attendance and AC chat attached to this email. The MP3 and AC recording below from the two Small Teams to discuss the letter to the EDPB call held on *Thursday, 29 November 2018 at 18:00 and 21:00 UTC.*

These have also been posted on the agenda wiki page: https://community.icann.org/x/bQbuBQ

*First call MP3:* https://audio.icann.org/gnso/gnso-epdp-small-call-1-29nov18-en.mp3

*Second call MP3: * https://audio.icann.org/gnso/gnso-epdp-small-call-2-29nov18-en.mp3

*First call AC Recording: * https://participate.icann.org/p1lfb0cr39n

*Second call AC Recording: *https://participate.icann.org/p12zqjemvt2

** 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

Thank you.

Kind Regards,

Terri Agnew

_______________________________________________ Gnso-epdp-team mailing listGnso-epdp-team@icann.orghttps://mm.icann.org/mailman/listinfo/gnso-epdp-team

_______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team

-- Emily Taylor CEO, Oxford Information Labs *MA (Cantab), Solicitor (non-practising), MBA, * *A**ssociate Fellow, Chatham House; Editor, Journal of Cyber Policy* Lincoln House, Pony Road, Oxford OX4 2RD | T: 01865 582885 E: emily.taylor@oxil.co.uk | D: 01865 582811 | M: +44 7540 049322 <http://explore.tandfonline.com/cfp/pgas/rcyb-cfp-2017> <http://explore.tandfonline.com/cfp/pgas/rcyb-cfp-2017> Registered office: Lincoln House, 4 Pony Road, Oxford OX4 2RD. Registered in England and Wales No. 4520925. VAT No. 799526263 .

Good here. If/when the letter is sent, I think Kurt should reinforce the invitation to the EDPB to provide their comments. J. ------------- James Bladel GoDaddy From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> on behalf of "Mark Svancarek (CELA) via Gnso-epdp-team" <gnso-epdp-team@icann.org> Reply-To: "Mark Svancarek (CELA)" <marksv@microsoft.com> Date: Tuesday, December 4, 2018 at 17:05 To: Emily Taylor <emily.taylor@oxil.co.uk>, "stephanie.perrin@mail.utoronto.ca" <stephanie.perrin@mail.utoronto.ca> Cc: EPDP <gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] Fwd: Re: draft EDPB It looks good to me, too. Nicely done. From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> On Behalf Of Emily Taylor Sent: Tuesday, December 4, 2018 07:19 To: stephanie.perrin@mail.utoronto.ca Cc: EPDP <gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] Fwd: Re: draft EDPB Hi Stephanie and Kristina Thank you for your work on the draft. It looks good to me. Best wishes Emily On Tue, Dec 4, 2018 at 2:52 PM Stephanie Perrin <stephanie.perrin@mail.utoronto.ca<mailto:stephanie.perrin@mail.utoronto.ca>> wrote: I am resending this letter for those who missed it, renaming as draft EDPB letter. Stephanie -------- Forwarded Message -------- Subject: Re: [Gnso-epdp-team] Recordings, Attendance & AC chat from the GNSO Temp Spec gTLD RD EPDP Small Roles & Responsibilities team held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC Date: Thu, 29 Nov 2018 22:45:29 -0500 From: Stephanie Perrin <stephanie.perrin@mail.utoronto.ca><mailto:stephanie.perrin@mail.utoronto.ca> To: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> And attached is the abbreviated version of the draft letter which I promised in the first meeting today. I am very grateful to Kristina Rosette for her comments; we have it almost shrunk down to one page (if you like it, you can simply drop the font one point and we will be there :-)) Stephanie Perrin On 2018-11-29 20:57, Terri Agnew wrote: Dear all, Please find the attendance and AC chat attached to this email. The MP3 and AC recording below from the two Small Teams to discuss the letter to the EDPB call held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/bQbuBQ First call MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-1-29nov18-en.mp3 Second call MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-2-29nov18-en.mp3 First call AC Recording: https://participate.icann.org/p1lfb0cr39n Second call AC Recording: https://participate.icann.org/p12zqjemvt2 ** 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 Thank you. Kind Regards, Terri Agnew _______________________________________________ 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 _______________________________________________ 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 -- Emily Taylor CEO, Oxford Information Labs MA (Cantab), Solicitor (non-practising), MBA, Associate Fellow, Chatham House; Editor, Journal of Cyber Policy Lincoln House, Pony Road, Oxford OX4 2RD | T: 01865 582885 E: emily.taylor@oxil.co.uk<mailto:emily.taylor@oxil.co.uk> | D: 01865 582811 | M: +44 7540 049322 [Image removed by sender.]<http://explore.tandfonline.com/cfp/pgas/rcyb-cfp-2017>[Image removed by sender.]<http://explore.tandfonline.com/cfp/pgas/rcyb-cfp-2017> Registered office: Lincoln House, 4 Pony Road, Oxford OX4 2RD. Registered in England and Wales No. 4520925. VAT No. 799526263 .

Sorry a correction to the email that I sent in a rush below Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission - which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate ..." I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data ("Temporary Specification"), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Finally I can see that the letter is mainly noting to the EDPB that the team has an initial report that is published for public comment, and it encourages the EDPB to provide feedback or comments in this regard. I am not sure about the outcome of such a letter, however if this is what you all agree on I am fine with that. Kindest Regards Hadia From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 05, 2018 1:00 PM To: Stephanie Perrin; gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] Fwd: Re: draft EDPB Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission - which is indeed out of our scope- and strongly contradicts with what ICANN made note of in its letter of May 5 2018 to the EDPB and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate ..." I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data ("Temporary Specification"), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Finally I can see that the letter is mainly noting to the EDPB that the team has an initial report that is published for public comment, and it encourages the EDPB to provide feedback or comments in this regard. I am not sure about the outcome of such a letter, however if this is what you all agree on I am fine with that. Kindest Regards Hadia From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Stephanie Perrin Sent: Tuesday, December 04, 2018 4:52 PM To: gnso-epdp-team@icann.org Subject: [Gnso-epdp-team] Fwd: Re: draft EDPB I am resending this letter for those who missed it, renaming as draft EDPB letter. Stephanie -------- Forwarded Message -------- Subject: Re: [Gnso-epdp-team] Recordings, Attendance & AC chat from the GNSO Temp Spec gTLD RD EPDP Small Roles & Responsibilities team held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC Date: Thu, 29 Nov 2018 22:45:29 -0500 From: Stephanie Perrin <stephanie.perrin@mail.utoronto.ca><mailto:stephanie.perrin@mail.utoronto.ca> To: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> And attached is the abbreviated version of the draft letter which I promised in the first meeting today. I am very grateful to Kristina Rosette for her comments; we have it almost shrunk down to one page (if you like it, you can simply drop the font one point and we will be there :-)) Stephanie Perrin On 2018-11-29 20:57, Terri Agnew wrote: Dear all, Please find the attendance and AC chat attached to this email. The MP3 and AC recording below from the two Small Teams to discuss the letter to the EDPB call held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/bQbuBQ First call MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-1-29nov18-en.mp3 Second call MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-2-29nov18-en.mp3 First call AC Recording: https://participate.icann.org/p1lfb0cr39n Second call AC Recording: https://participate.icann.org/p12zqjemvt2 ** 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 Thank you. Kind Regards, Terri Agnew _______________________________________________ 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

Hi farzi, Thank you for your reply, I certainly have no intention to expand anything. In line with the ideal community spirit we need to change the sentence maybe we could say "ICANN is a global non-governmental non-profit organization responsible to ensure the stable and secure operation of the Internet's unique identifier systems as described in its mission" Thanks again Hadia From: farzaneh badii [mailto:farzaneh.badii@gmail.com] Sent: Wednesday, December 05, 2018 3:06 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] Fwd: Re: draft EDPB That is just a simple paragraph about what ICANN does which is inspired by ICANN bylaws section 1.1. The mandate of epdp is not to expand ICANN mission either. invoking texts and letters written by ICANN org to support an argument is not really in line with the ideal community spirit. it's treating a non authority as the authority. On Wed, Dec 5, 2018 at 6:40 AM Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg<mailto:Hadia@tra.gov.eg>> wrote: Sorry a correction to the email that I sent in a rush below Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …" I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Finally I can see that the letter is mainly noting to the EDPB that the team has an initial report that is published for public comment, and it encourages the EDPB to provide feedback or comments in this regard. I am not sure about the outcome of such a letter, however if this is what you all agree on I am fine with that. Kindest Regards Hadia From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org<mailto:gnso-epdp-team-bounces@icann.org>] On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 05, 2018 1:00 PM To: Stephanie Perrin; gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] Fwd: Re: draft EDPB Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission – which is indeed out of our scope- and strongly contradicts with what ICANN made note of in its letter of May 5 2018 to the EDPB and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …" I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Finally I can see that the letter is mainly noting to the EDPB that the team has an initial report that is published for public comment, and it encourages the EDPB to provide feedback or comments in this regard. I am not sure about the outcome of such a letter, however if this is what you all agree on I am fine with that. Kindest Regards Hadia From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org<mailto:gnso-epdp-team-bounces@icann.org>] On Behalf Of Stephanie Perrin Sent: Tuesday, December 04, 2018 4:52 PM To: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: [Gnso-epdp-team] Fwd: Re: draft EDPB I am resending this letter for those who missed it, renaming as draft EDPB letter. Stephanie -------- Forwarded Message -------- Subject: Re: [Gnso-epdp-team] Recordings, Attendance & AC chat from the GNSO Temp Spec gTLD RD EPDP Small Roles & Responsibilities team held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC Date: Thu, 29 Nov 2018 22:45:29 -0500 From: Stephanie Perrin <stephanie.perrin@mail.utoronto.ca><mailto:stephanie.perrin@mail.utoronto.ca> To: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> And attached is the abbreviated version of the draft letter which I promised in the first meeting today. I am very grateful to Kristina Rosette for her comments; we have it almost shrunk down to one page (if you like it, you can simply drop the font one point and we will be there :-)) Stephanie Perrin On 2018-11-29 20:57, Terri Agnew wrote: Dear all, Please find the attendance and AC chat attached to this email. The MP3 and AC recording below from the two Small Teams to discuss the letter to the EDPB call held on Thursday, 29 November 2018 at 18:00 and 21:00 UTC. These have also been posted on the agenda wiki page: https://community.icann.org/x/bQbuBQ First call MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-1-29nov18-en.mp3 Second call MP3: https://audio.icann.org/gnso/gnso-epdp-small-call-2-29nov18-en.mp3 First call AC Recording: https://participate.icann.org/p1lfb0cr39n Second call AC Recording: https://participate.icann.org/p12zqjemvt2 ** 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 Thank you. Kind Regards, Terri Agnew _______________________________________________ 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 _______________________________________________ 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 -- Farzaneh

Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion "ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission" Best Hadia From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja] Sent: Wednesday, December 05, 2018 3:57 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] draft EDPB Hi Hadia, Responses in-line: On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg<mailto:Hadia@tra.gov.eg>> wrote: Sorry a correction to the email that I sent in a rush below Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …” The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to? I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do. Thanks. Amr

Hi Stephanie (and everyone): Thanks everyone for all your comments. Under the heading that no good deed goes unpunished, here are some thoughts I have about the letter to the EDPB - some are from the time when I participated in the drafting and some come from reviewing the present draft. I think your objective to keep it short and informative only is correct. It seems appropriately scoped. In the first couple paragraphs I tried to have the “just right” amount of ICANN description / explanation (taking out quite a bit from previous drafts). I am bringing this up to let you know that the ICANN description in the letter is open for amendment — in order to find that “just right” description. I think it is fine as written and, given the commentary below, I would leave it for Stephanie implement, or not, any edits to the introductory paragraphs. We might emphasize that this effort is a de novo review of ICANN’s previous work. During our small team call, Stephanie indicated that a previous EDPB letter told ICANN to “get after it.” We might indicate that we are doing that, working to an accelerated schedule. In our introduction of the initial report, we might indicate that the report begins with a synopsis of all the recommendations or that the report includes detailed data processing analysis that the EDPB might find interesting. We could also point out that the summary of recommendations is available in the UN languages. We might point out that our work has led to a number of legal questions and that we are seeking resolution from independent legal counsel and possibly DPAs. We might indicate that a final report will be forthcoming in the next few months and also that there will be some implementation steps after that - to set expectations and establish a record for the expected timing. The question of whether to send letter remains. It seems appropriate to do so for the purpose of providing a record that the domain name industry and ecosystem has undertaken a substantial effort (albeit somewhat late). Thx and regards, Kurt

On Dec 5, 2018, at 8:11 AM, Mark Svancarek (CELA) via Gnso-epdp-team <gnso-epdp-team@icann.org> wrote:

I think that is good.

From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 5, 2018 6:21 AM To: Amr Elsadr <aelsadr@icannpolicy.ninja> Cc: gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] draft EDPB

Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion

"ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission"

Best Hadia

From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja <mailto:aelsadr@icannpolicy.ninja>] Sent: Wednesday, December 05, 2018 3:57 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org <mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB

Hi Hadia,

Responses in-line:

On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg <mailto:Hadia@tra.gov.eg>> wrote:

Sorry a correction to the email that I sent in a rush below

Dear Stephanie,

Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says

" ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses."

The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said

" in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …”

The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to?

I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate.

Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do.

Thanks.

Amr _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team

Hi Stephanie and all, With regard to the statement "the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" I think it might be more true to what the EPDP team is doing if we said " which is intended to bring the domain name industry into GDPR compliance" Thank you all again Hadia ________________________________ From: Mark Svancarek (CELA) <marksv@microsoft.com> Sent: 05 December 2018 18:11 To: Hadia Abdelsalam Mokhtar EL miniawi; Amr Elsadr Cc: gnso-epdp-team@icann.org Subject: RE: [Gnso-epdp-team] draft EDPB I think that is good. From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 5, 2018 6:21 AM To: Amr Elsadr <aelsadr@icannpolicy.ninja> Cc: gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] draft EDPB Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion "ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission" Best Hadia From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja] Sent: Wednesday, December 05, 2018 3:57 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB Hi Hadia, Responses in-line: On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg<mailto:Hadia@tra.gov.eg>> wrote: Sorry a correction to the email that I sent in a rush below Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …” The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to? I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do. Thanks. Amr

Hi Stephanie: Thank you for keeping track of and shepherding this. Do you think you could make some choices about final wording and we will present that to the team at the meeting tomorrow? If you agree, then we can carve some time out of the meeting agenda, review the letter and make a decision about sending it to the EDPB. Thank you again and best regards, Kurt

On Dec 5, 2018, at 1:06 PM, Stephanie Perrin <stephanie.perrin@mail.utoronto.ca <mailto:stephanie.perrin@mail.utoronto.ca>> wrote:

Thanks for bringing that language to my attention Hadia. Actually, ICANN's remit is rather narrower than the industry or the ecosystem....we should perhaps be more modest in our claims, and state that the Temporary Specification (...) is intended to bring the policies and contracts affecting registration data which ICANN controls in compliance with the GDPR."

Stephanie On 2018-12-05 15:25, Hadia Abdelsalam Mokhtar EL miniawi wrote:

...

Hi Stephanie and all,

With regard to the statement "the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" I think it might be more true to what the EPDP team is doing if we said " which is intended to bring the domain name industry into GDPR compliance"

Thank you all again

Hadia

________________________________ From: Mark Svancarek (CELA) <marksv@microsoft.com> <mailto:marksv@microsoft.com> Sent: 05 December 2018 18:11 To: Hadia Abdelsalam Mokhtar EL miniawi; Amr Elsadr Cc: gnso-epdp-team@icann.org <mailto:gnso-epdp-team@icann.org> Subject: RE: [Gnso-epdp-team] draft EDPB

I think that is good.

From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> <mailto:gnso-epdp-team-bounces@icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 5, 2018 6:21 AM To: Amr Elsadr <aelsadr@icannpolicy.ninja> <mailto:aelsadr@icannpolicy.ninja> Cc: gnso-epdp-team@icann.org <mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB

Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion

"ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission"

Best Hadia

From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja <mailto:aelsadr@icannpolicy.ninja>] Sent: Wednesday, December 05, 2018 3:57 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org <mailto:gnso-epdp-team@icann.org><mailto:gnso-epdp-team@icann.org> <mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB

Hi Hadia,

Responses in-line:

On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg <mailto:Hadia@tra.gov.eg><mailto:Hadia@tra.gov.eg> <mailto:Hadia@tra.gov.eg>> wrote:

Sorry a correction to the email that I sent in a rush below

Dear Stephanie,

Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says

" ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses."

The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said

" in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …”

The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to?

I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate.

Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do.

Thanks.

Amr _______________________________________________ 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://mm.icann.org/mailman/listinfo/gnso-epdp-team>

---

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

And here is another draft, in redline so you can see the changes. I am not sure I caught everything (I resisted lengthening it) but I hope we are getting close. Cheers and thanks to all! Stephanie On 2018-12-05 20:11, Stephanie Perrin wrote: Will do, I think there are not too many comments, will redraft tonight. cheers SP On 2018-12-05 17:16, Kurt Pritz wrote: Hi Stephanie: Thank you for keeping track of and shepherding this. Do you think you could make some choices about final wording and we will present that to the team at the meeting tomorrow? If you agree, then we can carve some time out of the meeting agenda, review the letter and make a decision about sending it to the EDPB. Thank you again and best regards, Kurt On Dec 5, 2018, at 1:06 PM, Stephanie Perrin <stephanie.perrin@mail.utoronto.ca<mailto:stephanie.perrin@mail.utoronto.ca>> wrote: Thanks for bringing that language to my attention Hadia. Actually, ICANN's remit is rather narrower than the industry or the ecosystem....we should perhaps be more modest in our claims, and state that the Temporary Specification (...) is intended to bring the policies and contracts affecting registration data which ICANN controls in compliance with the GDPR." Stephanie On 2018-12-05 15:25, Hadia Abdelsalam Mokhtar EL miniawi wrote: Hi Stephanie and all, With regard to the statement "the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" I think it might be more true to what the EPDP team is doing if we said " which is intended to bring the domain name industry into GDPR compliance" Thank you all again Hadia ________________________________ From: Mark Svancarek (CELA) <marksv@microsoft.com><mailto:marksv@microsoft.com> Sent: 05 December 2018 18:11 To: Hadia Abdelsalam Mokhtar EL miniawi; Amr Elsadr Cc: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: RE: [Gnso-epdp-team] draft EDPB I think that is good. From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org><mailto:gnso-epdp-team-bounces@icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 5, 2018 6:21 AM To: Amr Elsadr <aelsadr@icannpolicy.ninja><mailto:aelsadr@icannpolicy.ninja> Cc: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion "ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission" Best Hadia From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja] Sent: Wednesday, December 05, 2018 3:57 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org><mailto:gnso-epdp-team@icann.org><mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB Hi Hadia, Responses in-line: On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg<mailto:Hadia@tra.gov.eg><mailto:Hadia@tra.gov.eg><mailto:Hadia@tra.gov.eg>> wrote: Sorry a correction to the email that I sent in a rush below Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …” The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to? I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do. Thanks. Amr _______________________________________________ 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 _______________________________________________ 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 _______________________________________________ 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

Dear all, Thank you very much for your kind works and comments Please find attached mine as well Regards Kavouss On Thu, Dec 6, 2018 at 9:53 AM Hadia Abdelsalam Mokhtar EL miniawi < Hadia@tra.gov.eg> wrote:

Thank you Stephanie

I have made two minor proposals for the purpose of clarity and accuracy, please find my draft attached – the suggestions are tracked along with comments explaining the rationale behind them. For those who are not going to open the document below are my two suggestions

A

Change

"ICANN is a global non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of Unique identifiers, .i.e. domain names and IP addresses."

To

"ICANN is a global non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of Unique identifiers, as described in its mission."

Reason

The Unique identifiers are three sets not two

1. Domain Names

2. IP addresses

3. Protocol port and parameter numbers

Alternatively we can mention all three. Adding as described in its mission completes ICANN's description without the need to put any more thoughts into it.

B

Change

"relating to the processing of personal data collected by stakeholders in the domain name industry"

To

"relating to the processing of personal data by stakeholders in the domain name industry"

Reason:

The processing of the data includes its collection.

Thank you again

Hadia

*From:* Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] *On Behalf Of *Stephanie Perrin *Sent:* Thursday, December 06, 2018 8:06 AM *To:* gnso-epdp-team@icann.org *Subject:* Re: [Gnso-epdp-team] draft EDPB

And here is another draft, in redline so you can see the changes. I am not sure I caught everything (I resisted lengthening it) but I hope we are getting close.

Cheers and thanks to all!

Stephanie

On 2018-12-05 20:11, Stephanie Perrin wrote:

Will do, I think there are not too many comments, will redraft tonight.

cheers SP

On 2018-12-05 17:16, Kurt Pritz wrote:

Hi Stephanie:

Thank you for keeping track of and shepherding this. Do you think you could make some choices about final wording and we will present that to the team at the meeting tomorrow?

If you agree, then we can carve some time out of the meeting agenda, review the letter and make a decision about sending it to the EDPB.

Thank you again and best regards,

Kurt

On Dec 5, 2018, at 1:06 PM, Stephanie Perrin < stephanie.perrin@mail.utoronto.ca> wrote:

Thanks for bringing that language to my attention Hadia. Actually, ICANN's remit is rather narrower than the industry or the ecosystem....we should perhaps be more modest in our claims, and state that the Temporary Specification (...) is intended to bring the policies and contracts affecting registration data which ICANN controls in compliance with the GDPR."

Stephanie

On 2018-12-05 15:25, Hadia Abdelsalam Mokhtar EL miniawi wrote:

Hi Stephanie and all,

With regard to the statement "the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" I think it might be more true to what the EPDP team is doing if we said " which is intended to bring the domain name industry into GDPR compliance"

Thank you all again

Hadia

________________________________

From: Mark Svancarek (CELA) <marksv@microsoft.com> <marksv@microsoft.com>

Sent: 05 December 2018 18:11

To: Hadia Abdelsalam Mokhtar EL miniawi; Amr Elsadr

Cc: gnso-epdp-team@icann.org

Subject: RE: [Gnso-epdp-team] draft EDPB

I think that is good.

From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> <gnso-epdp-team-bounces@icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi

Sent: Wednesday, December 5, 2018 6:21 AM

To: Amr Elsadr <aelsadr@icannpolicy.ninja> <aelsadr@icannpolicy.ninja>

Cc: gnso-epdp-team@icann.org

Subject: Re: [Gnso-epdp-team] draft EDPB

Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion

"ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission"

Best

Hadia

From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja <aelsadr@icannpolicy.ninja>]

Sent: Wednesday, December 05, 2018 3:57 PM

To: Hadia Abdelsalam Mokhtar EL miniawi

Cc: Stephanie Perrin; gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> <gnso-epdp-team@icann.org>

Subject: Re: [Gnso-epdp-team] draft EDPB

Hi Hadia,

Responses in-line:

On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg<mailto:Hadia@tra.gov.eg> <Hadia@tra.gov.eg>> wrote:

Sorry a correction to the email that I sent in a rush below

Dear Stephanie,

Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says

" ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses."

The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said

" in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …”

The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to?

I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance"

The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate.

Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do.

Thanks.

Amr

_______________________________________________

Gnso-epdp-team mailing list

Gnso-epdp-team@icann.org

https://mm.icann.org/mailman/listinfo/gnso-epdp-team

_______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team

_______________________________________________

Gnso-epdp-team mailing list

Gnso-epdp-team@icann.org

https://mm.icann.org/mailman/listinfo/gnso-epdp-team

------------------------------ _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team

Thanks Hadia. I don't think our remit is that broad though. ccTLDs are out, independent proxy service providers are out....we are replacing the temp spec, which replaces the RAA. Stephanie On 2018-12-06 02:28, Hadia Abdelsalam Mokhtar EL miniawi wrote: Thank you Stephanie for drafting this letter. The domain name industry typically includes the registries, registrars, resellers and all other businesses, organizations and persons involved in the support, provision and stability of domain names in all cases I am sure that you would come up with the best choice of words. Best hadia From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Stephanie Perrin Sent: Wednesday, December 05, 2018 11:07 PM To: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB Thanks for bringing that language to my attention Hadia. Actually, ICANN's remit is rather narrower than the industry or the ecosystem....we should perhaps be more modest in our claims, and state that the Temporary Specification (...) is intended to bring the policies and contracts affecting registration data which ICANN controls in compliance with the GDPR." Stephanie On 2018-12-05 15:25, Hadia Abdelsalam Mokhtar EL miniawi wrote: Hi Stephanie and all, With regard to the statement "the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" I think it might be more true to what the EPDP team is doing if we said " which is intended to bring the domain name industry into GDPR compliance" Thank you all again Hadia ________________________________ From: Mark Svancarek (CELA) <marksv@microsoft.com><mailto:marksv@microsoft.com> Sent: 05 December 2018 18:11 To: Hadia Abdelsalam Mokhtar EL miniawi; Amr Elsadr Cc: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: RE: [Gnso-epdp-team] draft EDPB I think that is good. From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org><mailto:gnso-epdp-team-bounces@icann.org> On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi Sent: Wednesday, December 5, 2018 6:21 AM To: Amr Elsadr <aelsadr@icannpolicy.ninja><mailto:aelsadr@icannpolicy.ninja> Cc: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB Thank you Amr, It is not a matter of objection, I just think that taking into consideration previous communications with the EDPB it would be better to just state what is in the mission statement and all cases I don't suppose such a change will disturb anyone. Please find below my suggestion "ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's unique identifier systems as described in its mission" Best Hadia From: Amr Elsadr [mailto:aelsadr@icannpolicy.ninja] Sent: Wednesday, December 05, 2018 3:57 PM To: Hadia Abdelsalam Mokhtar EL miniawi Cc: Stephanie Perrin; gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org><mailto:gnso-epdp-team@icann.org><mailto:gnso-epdp-team@icann.org> Subject: Re: [Gnso-epdp-team] draft EDPB Hi Hadia, Responses in-line: On Dec 5, 2018, at 1:38 PM, Hadia Abdelsalam Mokhtar EL miniawi <Hadia@tra.gov.eg<mailto:Hadia@tra.gov.eg><mailto:Hadia@tra.gov.eg><mailto:Hadia@tra.gov.eg>> wrote: Sorry a correction to the email that I sent in a rush below Dear Stephanie, Thank you and all who have contributed to the EDPB draft letter. However I do not agree with the statement in the first paragraph that says " ICANN is a global non-governmental non-profit organization responsible for ensuring the stable and secure operation of the Internet's system of unique identifiers, i.e., domain names and IP addresses." The above statement attempts to define ICANN's mission – which is indeed out of our scope - and strongly contradicts with ICANN's note to the EDPB on May 5 2018 and contradicts with the letter sent on July 5 from EDPB to Goran Marby in which the EDPB acknowledges that ICANN's mandate goes beyond ensuring the stable and secure operation of the Internet's system of unique identifier. To remind you the letter of July 5 from EDPB said " in its letter of 10 may 2018, ICANN makes several references to ICANN's Bylaws to underline that ICANN's mission with respect to domain names is not limited to ensuring the stable and secure operation of the internet unique identifiers system (technical stability). The EDPB has taken note of ICANN's Bylaws, which require ICANN, in carrying out its mandate …” The original language seems fine to me. It’s consistent with the bylaws, and if it helps at all, it doesn’t say that ICANN’s mission is limited to anything. It just states that ICANN is responsible for ensuring the stable and secure operation of the Internet’s system of unique identifiers. Surely, this is something that isn’t worth objecting to? I also do not agree with the statement in the draft letter that says " the ICANN Board adopted a Temporary Specification for gTLD Registration Data (“Temporary Specification”), which is intended to bring the domain name ecosystem into GDPR compliance" The aforementioned intention of the temporary specification is too broad, the temporary specification is intended to ensure that the Personal Data that is Processed by certain participants in the gTLD domain name ecosystem is in compliance with the GDPR, we are certainly not working on the whole domain name ecosystem nor is it within our mandate. Agree that the original language is not correct. It would be best to be more accurate and specific on this. We wouldn’t want to convey a wrong impression of what the EPDP Team was chartered to do. Thanks. Amr _______________________________________________ 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