Thanks Feodora and Caitlin, I'm gently, and with my normal kindly but firm tone, pushing back against these proposed action items: AI: SC members to draft a detailed response to ICANN Legal clarifying the need for more detailed transparency in law enforcement requests by country, in line with NCSG's original request. AI: ICANN Org to revisit criteria for displaying requestor country data, particularly for law enforcement, and provide clearer justification on thresholds once the detailed response from SC members is received. This homework assigned by Staff on the call that the SC members did not agree to do, is busy work and, frankly, appears designed to get something very simple bogged down in back and forth internal letter writing. This is 2024, and transparency is baked into the Bylaws. We do not have to write to each other to tell ICANN Org to comply with the Bylaws. Instead, these two action items should be replaced with: AI: ICANN Org to provide a justification for the change in their plan not to provide the agreed upon per-country requestor data in light of the transparency requirements contained in the Bylaws. It is Org that is proposing a change in the status quo so Org should be the ones justifying the change. SC members should not have to justify asking for what has already been agreed upon. Looking forward to your updating these action items accordingly. Regards, Paul [cid:image001.jpg@01DB1973.9DDF9290] Paul McGrady Partner Elster & McGrady 3847 N. Lincoln Avenue Second Floor Chicago, IL 60613 Office Direct: +1 (312) 515-4422 paul@elstermcgrady.com<mailto:paul@elstermcgrady.com> www.elstermcgrady.com<http://www.elstermcgrady.com/> Download Contact Information and Read Bio<https://linqapp.com/paul_mcgrady?r=link> From: Feodora Hamza via Gnso-rdrs-sc <gnso-rdrs-sc@icann.org> Sent: Tuesday, October 8, 2024 11:05 AM To: gnso-rdrs-sc@icann.org Subject: [Gnso-rdrs-sc] 2024-10-07 RDRS Standing Committee - Meeting #18 Dear members of the RDRS SC, Please find below the main discussion points and action items from this week`s meeting. The next meeting is scheduled for Monday, 21 October at 17:30 UTC. Kind regards, Feodora and Caitlin 2024-10-07 RDRS Standing Committee - Meeting #18<https://community.icann.org/pages/viewpage.action?pageId=347373596> RDRS SC Workbook: https://docs.google.com/spreadsheets/d/1XFK-RCT5Nv-KcNgX4eQunkUKgSI35Yc_nUZ6... Pending Ais from previous meeting: AI: Chair to complete and send the letter to the GNSO Council. AI: SC members to check the outreach tracker and final report tab for their input. New AIs from last meeting: AI: ICANN Org to share the finalized interview questions with the Standing Committee, incorporating the suggestions proposed by the SC member. AI: ICANN Support Staff to add to the Finding Tab that details about future versions of RDRS to include language to participants that participation. AI: SC members to draft a detailed response to ICANN Legal clarifying the need for more detailed transparency in law enforcement requests by country, in line with NCSG's original request. AI: ICANN Org to revisit criteria for displaying requestor country data, particularly for law enforcement, and provide clearer justification on thresholds once the detailed response from SC members is received. AI: ICANN to confirm whether an SC member can participate in the Europol training for RDRS and confirm back to the SC. AI: Gabriel Andrews to check availability for participation in Europol's closed event as a representative from the Standing Committee, if permitted. AI: Farzaneh Badii to coordinate with NCSG and confirm whether they will present a section regarding registrants' protection and their perspective on RDRS in the RDRS User Experience section of the Prep Week presentation. 1. Welcome & Opening Remarks 2. Action Items Follow Up * Impressions Document Update: The document is now referred to as the "Workbook," and a few pending action items remain from earlier sessions. * The outreach tracker (events, meetings, webinars) is ongoing. * Surveys with the DRs and users will take place during ICANN 81. * Outstanding actions include a letter to the GNSO Council, which remains with the Chair for follow-up. AI: Chair to complete and send the letter to the GNSO Council. AI: SC members to check the outreach tracker and final report tab for their input. 3. ICANN 81 a. Session Planning * Discussion about the upcoming ICANN 81 meeting: * Multiple sessions on RDRS are planned, including a session dedicated to outreach and reporting on RDRS progress and a RDRS SC working session for internal discussions. * The registrars will not have a dedicated session for RDRS at this ICANN event, unlike in Kigali. However, Roger confirmed that the registrars will provide input prior to the event. 1. RDRS User Experience Interviews at ICANN 81 * User Experience Interviews: ICANN plans to conduct in-person interviews with requesters and registrars attending ICANN 81. * These interviews will focus on the users' experience with the RDRS, challenges, improvements, and suggestions. Remote interviews will be available via Zoom for parties not available during ICANN81. * ICANN Org plans will send a copy of the original 7 survey questions to the SC along with the suggested question from Steve Del Biancout from the committee, ensuring they are concise and focused on improving the system. Keeping list of questions short in order to keep interviews conversational. * Steve DelBianco's Suggestion: Add a question "Do you see any legal or regulatory things on the horizon that could impact your interest in using RDRS?" * Concerns were raised about directly contacting requesters, but ICANN Legal clarified the restrictions on communication without explicit consent. * SC members the discussed the need to document that a future version of RDRS needs to include language to participants that participation is RDRS means they are agreeing to be contacted by ICANN for feedback AI: ICANN Org to share the finalized interview questions with the Standing Committee, incorporating the suggestions proposed by the SC member. AI: ICANN Support Staff to add to the Finding Tab that details about future versions of RDRS to include language to participants that participation is RDRS means they are agreeing to be contacted by ICANN for feedback 5. Metric 18 - Requestor Location by Country * Current Status: A preview of Metric 18 was shared, showing a breakdown of requestor countries. * Concerns were raised by Farzaneh Badii that the data presentation does not meet NCSG's original request for transparency on law enforcement requests. * The current report aggregates data, but the community is seeking a breakdown by country for law enforcement requests, which is standard practice among tech companies for transparency. * ICANN Legal's Position: Caution is being exercised due to concerns about confidentiality, even though it is not directly a privacy issue. Low numbers of requests from specific countries are being grouped to avoid identifying parties involved. * Gabe provided a link to a sample transparency report for law enforcement: https://transparencyreport.google.com/user-data/overview?hl=en&user_requests... * Discussion Points: * The community emphasized that law enforcement requests need to be transparent, and disclosing country-level data is common practice. * It was reiterated that this data is crucial for understanding RDRS usage and ensuring transparency. AI: SC members to draft a detailed response to ICANN Legal clarifying the need for more detailed transparency in law enforcement requests by country, in line with NCSG's original request. AI: ICANN Org to revisit criteria for displaying requestor country data, particularly for law enforcement, and provide clearer justification on thresholds once the detailed response from SC members is received. 6. Metric 19 - Jurisdiction * Update: This metric will not be ready until November and will follow a similar format to Metric 18. * The metric was to be reported in the same way as Metric 18 and include the jurisdiction where data is processed for all requesters, not just law enforcement. * The committee will have similar concerns for this metric as with Metric 18 and should provide similar response to ICANN to clarify the detailed transparency required so that ICANN can revisit criteria for display this data as well * ICANN pointed out that similar discussion might arise as with Metric 18. * SC members can include in their response to ICANN Legal the same clarification for the need for more detailed transparency for law enforcement. 7. AOB * ICANN & Europol Webinar: Scheduled for 14 October, this event is closed and for Europol only. ICANN Org is checking to see if Standing Committee members, like Gabriel, can attend. AI: ICANN to confirm whether an SC member can participate in the Europol training for RDRS and confirm back to the SC. AI: Gabriel Andrews to check availability for participation in Europol's closed event as a representative from the Standing Committee, if permitted. * Prep Week Webinar: Scheduled for 30 October, presentations will cover: * Registrar presentation by Reg from Tucows. * Requester presentation by John Mcilwain (with potential contributions from NCSG). * Farzaneh Badii requested a brief slot for NCSG to discuss their perspectives on registrants and system protection. AI: Farzaneh Badii to coordinate with NCSG and confirm whether they will present a section regarding registrants' protection and their perspective on RDRS in the RDRS User Experience section of the Prep Week presentation. * Global Stakeholder Engagement (GSE) Presentation: A session with the GSE team is planned for 21 October, focusing on their engagement efforts and upcoming webinars and training related to RDRS. Feodora Hamza Policy Development Support Manager (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: +32 496 30 24 15 Email: feodora.hamza@icann.org<mailto:feodora.hamza@icann.org> Website: www.icann.org<http://www.icann.org/> This email originated from outside the firm. Please use caution.
