I support these changes. In regard to the anonymization of contacts, I believe the EPDP erred in that there were discrepancies between what we were proposing and what Bird & Bird analyzed, and the legal memo gave rationales why such anonymization could be beneficial but the EPDP did not attempt to balance the possible release of "personal information" with the resultant benefits. Alan At 2020-07-23 09:33 AM, Kapin, Laureen via Gnso-epdp-team wrote:

We propose the following edits:

Legal/Natural: Although the team received legal guidance and engaged in some preliminary discussions, the team was not able to agree upon policy Recommendations. This was due in part because the study on this topic requested by the EPDP Phase 1 recommendations was delivered too late in the process to receive due consideration. As a result, per the EPDP Phase 1 recommendations, Registrars and Registry Operators are permitted to differentiate between registrations of legal and natural persons, but are not obligated to do so. Further work on this issue (including consideration of ICANN org’s Differentiation between Legal and Natural Persons in Domain Name Registration Data Directory Services (RDDS) Study) is under consideration by the GNSO Council.”

Feasibility of Unique Contacts: The EPDP Team received legal guidance that indicated that the publication of uniform masked email addresses results in the publication of personal data; which indicates that wide publication of masked email addresses may not be currently feasible under the GDPR. Nevertheless, the legal guidance recognized that pseudonymization is “a useful Privacy Enhancing Technique/privacy by design measure.” Further work on this issue is under consideration by the GNSO Council.

Kind regards,

Laureen Kapin Counsel for International Consumer Protection Federal Trade Commission (202) 326-3237

From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> On Behalf Of Marika Konings Sent: Thursday, July 23, 2020 1:14 AM To: Caitlin Tubergen <caitlin.tubergen@icann.org>; gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] Proposed Agenda - EPDP Team Meeting #74 - Thursday 23 July at 14.30 UTC

Dear EPDP Team,

In relation to agenda item #4a, the Staff Support Team has worked with Rafik on coming up with proposed language to provide a status update on the topics of legal/natural and feasibility of unique contacts for inclusion in the Final Report. This write up took as a basis the RySG proposed language (see item #38) with some editorial updates:

Legal/Natural: Although the issue did get some consideration in Phase 2, this did not result in agreement on new policy recommendations. The requested study on this topic was received too late in the process to receive due consideration. As a result, per the EPDP Phase 1 recommendations, Registrars and Registry Operators are permitted to differentiate between registrations of legal and natural persons, but are not obligated to do so. Further work on this issue (including consideration of ICANN org’s Differentiation between Legal and Natural Persons in Domain Name Registration Data Directory Services (RDDS) Study) is under consideration by the GNSO Council.”

Feasibility of Unique Contacts: “The EPDP Team received legal guidance that indicated that the publication of uniform masked email addresses results in the publication of personal data; which indicates that wide publication of masked email addresses may not be currently feasible under the GDPR. Further work on this issue is under consideration by the GNSO Council.

We hope this is a helpful starting point for today’s discussion on this topic.

Best regards,

Caitlin, Berry and Marika

From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> on behalf of Caitlin Tubergen <caitlin.tubergen@icann.org> Date: Thursday, July 23, 2020 at 00:59 To: "gnso-epdp-team@icann.org" <gnso-epdp-team@icann.org> Subject: [Gnso-epdp-team] Proposed Agenda - EPDP Team Meeting #74 - Thursday 23 July at 14.30 UTC

Dear EPDP Team,

Please find below the proposed agenda for the next EPDP Team meeting scheduled for Thursday, 23 July at 14:30 UTC (for 90 minutes).

Thank you.

Best regards,

Marika, Berry, and Caitlin

EPDP Phase 2 - Meeting #74 Proposed Agenda Thursday 23 July 2020 at 14.00 UTC

1. Roll Call & SOI Updates (5 minutes)

2. Confirmation of agenda (Chair)

3. Welcome and housekeeping issues (Chair) (5 minutes) * Expected approach for consensus designation and timeline:

From the GNSO Working Group Guidelines: The recommended method for discovering the consensus level designation on recommendations should work as follows: i. After the group has discussed an issue long enough for all issues to have been raised, understood and discussed, the Chair, or Co-Chairs, make an evaluation of the designation and publish it for the group to review. ii. After the group has discussed the Chair's estimation of designation, the Chair, or Co-Chairs, should reevaluate and publish an updated evaluation. iii. Steps (i) and (ii) should continue until the Chair/Co-Chairs make an evaluation that is accepted by the group. iv. In rare case, a Chair may decide that the use of polls is reasonable. Some of the reasons for this might be: o A decision needs to be made within a time frame that does not allow for the natural process of iteration and settling on a designation to occur. o It becomes obvious after several iterations that it is impossible to arrive at a designation. This will happen most often when trying to discriminate between Consensus and Strong support but Significant Opposition or between Strong support but Significant Opposition and Divergence.

Modified timeline: a. 22 – 26 July – continuation of online dialogue on cateategory 2 items b. 27 July – coonfirmation in google doc of proposed agreements on category 2 items by staff support team – by 28 July groups too confirm if they cannot live with the proposed agreements (if cannot live, proposed agreements will NOT be applied) c. 23 24 July: distribution of Final Report and consensus designations. As a reminder, the Chair will make an evaluation of the support achieved for the recommendations and publish its designation for the group to review. d. 243 - 27 29 July: opportunity for EPDP Team to respond to consensus designations, review by Chair of input received, if any, confirmation by Chair of designation. e. 27 29 July: deadline for minority statements. f. 31 July: No later than date for submission of Final Report to the GNSO Council

4. Finalization of review of cannot live with items:

a) Priority 2 related items

· Item #1

· Item #37-41

b) Any further items flagged after review of proposed approach for cannot live with items documented <https://docs.google.com/document/d/16BICriVfOPiEeve4A-x6TYKPbgRKqvhX/edit>in google doc following 21/22 calls or following review of <https://docs.google.com/document/d/10xb5eE3CxTvx5tFNmhsO_F7OdOIRMJFH/edit>updated rec #8 language

c) Category 2 items (groups to prioritize which items they would like to flag / discuss) · Item #95 · Item #101

5. Wrap and confirm next steps (5 minutes):

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