October 2017 - Gnso-rds-pdp-5

Doodle Poll
by consult＠cgomes.com Nov. 2, 2017

Nov. 2, 2017

Thanks to Farell, Kris & Steve for responding to the Doodle poll for a DT5 call next week. I request the rest of the team members respond so that we can find the best time for a call. It will be used to finalize our revised deliverable. If we are able to reach consensus on the list before holding a call, we will cancel the call. Here is the link: Doodle: <https://doodle.com/poll/uik6ggrwb98z2ubn> https://doodle.com/poll/uik6ggrwb98z2ubn. Kris will be sending revisions to the document he sent earlier. Please review that and provide your feedback as soon as possible after reviewing it. Also think about the suggestion that members of DT6 made to combine the Regulatory purpose with the Legal Actions purpose and communicate your thoughts on this list. Chuck

1 2

Update to the document we worked on
by Kris Seeburn Nov. 1, 2017

Nov. 1, 2017

Dear all, I had originally revisited the document we had been working on and had a briefing with Chuck back and forth and we have now broken the document in two as per attached. Your comments are welcomed to improve. If you think we need to add more comprehension to the whole document perhaps one way to revisit is if you want to extrapolate or enlarge the definitions, we might add an appendix to those two documents. Just a suggestion. Here they are and it is not on googledocs yet and i think Beth is a very good expert on that :) I am sure we are closer to what the comments were but we are a team and i’ll work along the lines of the team work. Kris Seeburn seeburn.k(a)gmail.com www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

3 7

redrafted document
by Kris Seeburn Oct. 30, 2017

Oct. 30, 2017

Just sending in case you guys did not receive this document. Kris Seeburn seeburn.k(a)gmail.com www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

2 4

New tasks for DT5
by consult＠cgomes.com Oct. 30, 2017

Oct. 30, 2017

To DT5 team members: Some members of the DT6 team (Legal Actions) met over breakfast today and discussed the similarity of the Regulatory purpose to the Legal Actions purpose. As DT5 refines its deliverable, it probably would be useful to consider the similarities of these two purposes. Would it be useful to combine the Regulatory purpose with the Legal Actions purpose or is it preferable to keep them separate? Another idea worth thinking about is whether it might be beneficial for the two drafting teams, DT5 & DT6, to have a joint call to discuss how to move forward with the Regulatory purpose. This is probably best decided after DT5 & DT6 refine their deliverables as discussed in the WG face-to-face meeting this past Saturday. In the meantime, it is my understanding that Kris is working on two new drafts that separate the Regulatory and Compliance purposes. Please watch for those and comment on the DT5 list. Because they indicated in the Doodle poll that they were available, I was hoping to arrange a call with Steve and Kris this evening at 10 pm GST (2 pm EDT) but it is not possible to arrange an Adobe supported call, so maybe it would be possible for Kris and I to call Steve on Skype. Please let me know if you think this might work; of course others would ve welcome as well but they were the only ones who said they were available at that time and times later in the week did not look workable. Chuck

2 1

Expect two Doodle polls
by consult＠cgomes.com Oct. 29, 2017

Oct. 29, 2017

Thanks again to all of you for the great team work in preparing the deliverables for our face-to-face meeting today. To provide time for us to follow-up on the feedback we received in the meeting today, I would like to find out times this week in Abu Dhabi and times the week of 6 November when we could schedule separate meetings for DT5 and DT6. It may not be possible to provide dial-in and Adobe support for a meeting here in Abu Dhabi but we will try. Please complete the polls as quickly as possible after receiving them. Thanks, Chuck

3 2

DT5 Action items
by consult＠cgomes.com Oct. 29, 2017

Oct. 29, 2017

Please note the DT action items from Saturday's WG meeting: 2. Continue to work in Drafting Teams through next week to address the following points: a. Summarize each purpose in one sentence: "Information collected to enable contact between the registrant and <who> <to accomplish what>" Think in terms of explaining to the data subject why data is being collected for this purpose - keep it concise and simple. b. Are the tasks/users identified by your team so diverse and distinct that they may be than one purpose? If so, split them up and describe each purpose separately. c. Which purposes covered by other teams are closely related to or overlap the purpose(s) covered by your team? d. Is there any data collected specifically for the stated purpose? Or does that purpose use only data collected for other purposes? Action: All drafting teams to deliver final outputs no later than Friday 10 November Action: Drafting teams to present results to full WG during 14 November call Chuck

1 0

AC Recording, AC Chat and attendance from Next-Gen RDS drafting team #5: Regulatory or Contractual Enforcement on Thursday, 26 October 2017 14:00 UTC
by Michelle DeSmyter Oct. 26, 2017

Oct. 26, 2017

Dear all, Please find below the Adobe Connect recording, chat and attendance from the Next-Gen RDS drafting team #5: Regulatory or Contractual Enforcement call on Thursday, 26 October 2017 at 14:00 UTC. Adobe Connect recording: https://participate.icann.org/p3xse0gwb73/ Apology: Bastiaan Goslings Attendance: Chuck Gomes, Elizabeth Bacon, Theo Geurts, Krishna Seeburn Staff: Michelle DeSmyter Thank you. Kind regards, Michelle Adobe Connect Chat: Julie Bisland:Welcome to the Next-Gen RDS Drafting team #5: Regulatory or Contractual Enforcement on Thursday, 26 October 2017 at 14:00 UTC. Kris:hi julie Kris:hi theo....good article Kris:on gdpr Theo Geurts:Thanks Kris Michelle DeSmyter:Hi Kris and Theo - welcome to both! Kris:am happy we are in same wave length :) Theo Geurts:waiting for the operator Kris:hi michelle Theo Geurts:oh for sure Kris Kris:just hope icann.org understands properly Kris:which is still far... Theo Geurts:We just got advise for ICANN from the CoE, I will share that later Kris:good Kris:i hope it aligns to making sure everything is in order.... Kris:but let's see... Theo Geurts:There is nothing new, it is a repeat but now from the CoE Kris:oh ok.... Theo Geurts:count it as advise number 4 Kris::) Theo Geurts:I had a meeting with the Dutch government yesterday and other stakeholder and the question popped up, what did actually change? and the short answer was, enforocement. Kris::) Kris:that had to happen Theo Geurts:Same thing happend to the car industry, see how many rules they have now and laws to comply with, Henry Ford did not expected this when he build his first car ;) just normal progession Kris:because the GDPR is a mix of the Dutch and Belgian laws that were put together and now it was actually accepted in the EU as way forward...so yes the enforcement is what is happening Chuck Gomes:Waiting for operator Kris:same in south africa...enforcement they just added the the law the bit that you are going to be fined and the law will be enforced Michelle DeSmyter:just informed the operator, Chuck, hopefully they answer your line any moment Kris:hi chuck Kris:hi beth Theo Geurts:Same thing in China, the MIIT rules are 10 year old, enforcement is new Kris:exact Kris:sorry for that chuck Kris:+ 1 Kris:no am fine Kris:good for first part for me Kris:it does tie up Kris:looks good Kris:it works for me Kris:it should be able to let others understand Kris:comfy Beth Bacon:I have the doc open so feel free to shout out changes and I enter them directly Kris:farell did Theo Geurts:yep Kris:it should Kris::) true Kris:that is true chuck Kris:it will Kris:+1 theo Kris:it is Kris:don't worry i am on the board of regulator Kris:but yes we would need GAC somewhere in between Theo Geurts:The GAC discussion should start soon Beth. Their list has been very slow when it comes to GDPR but it will heat up soon Beth Bacon:sounds great. just wanted to flag for curiosity Beth Bacon:yes agreed Theo. GAC has several gdpr and rds sessions scheduled in AD Kris:i saw that Kris:very true Kris:no objections from me Kris:i think we are all on the same page in this group more or less Kris:i am going to be in abu dhabi Theo Geurts:cool Kris:me early saturday at 3 am Kris:thnaks bye

1 0

Draft Input Document
by Beth Bacon Oct. 26, 2017

Oct. 26, 2017

Hello All, I've compiled the edits and contributions into one word document. I've not taken any license to edit and have merely dropped the original language into the various sections of the template document and into the chart (one for each use case provided). I'm not sure if the chart was illustrative in the template or meant to be used in our inputs, but I do think helps to present the use cases provided in a visually digestible way. Go forth and edit! Best, Beth Elizabeth Bacon Policy Manager, Public Interest Registry Office: +1 703-956-3962 | Mobile:+1 571-352-5029 www.pir.org<http://www.pir.org/> | Facebook<http://www.facebook.com/PIRegistry> | Twitter<http://twitter.com/PIRegistry> | Instagram<http://instagram.com/PIRegistry> | YouTube<http://www.youtube.com/PIRegistry>

8 20

Feedback due by midday today
by consult＠cgomes.com Oct. 25, 2017

Oct. 25, 2017

Thanks to everyone for your input on the latest draft deliverable. Please remember that all input is due by midday today. Chuck

1 0

Re: [Gnso-rds-pdp-5] Notes and Action Items from 23 October call
by Metalitz, Steven Oct. 24, 2017

Oct. 24, 2017

Per action item 4 of Lisa's notes, attached (and pasted below) please find a draft of the purpose definition paragraph as called for in our template. I have italicized the second sentence because it may not be needed, strictly speaking --- all of these "who's" can be found in the use cases referenced in the third sentence --- but because "a variety of entities" may seem too vague we might wish to list them here. Steve Metalitz DRAFT 10/23/17 A variety of entities from both the public sector (apart from traditional law enforcement agencies) and the private sector have a remit to enforce obligations, arising under contracts, industry best practices, or governmental regulation, that relate to activities on the Internet. These entities include governmental tax authorities, UDRP providers, the ICANN organization, intellectual property owners, and merchant account monitoring solution providers, among others. The use cases presented below, as well as those identified by the EWG (see https://www.icann.org/en/system/files/files/final-report-06jun14-en.pdf <https://www.icann.org/en/system/files/files/final-report-06jun14-en.pdf%20%…> , pages 9, 24, 28) and in earlier proceedings of this WG (see https://community.icann.org/download/attachments/60493753/14-WHOIS%20querie…) , illustrate scenarios in which such enforcement efforts, and/or the necessary investigative steps preliminary to such enforcement, depend upon access to information relating to the identity and/or location of domain name registrants, or other data contained in the RDS. This purpose makes it possible for these public and private enforcement entities to identify (and in many cases contact) domain name registrants to resolve issues associated with compliance with these contracts, best practices, or regulations. [image001] Steven J. Metalitz | Partner, through his professional corporation T: 202.355.7902 | met(a)msk.com<mailto:met@msk.com> Mitchell Silberberg & Knupp LLP | www.msk.com<http://www.msk.com/> 1818 N Street NW, 8th Floor, Washington, DC 20036 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU. From: gnso-rds-pdp-5-bounces(a)icann.org [mailto:gnso-rds-pdp-5-bounces@icann.org] On Behalf Of Lisa Phifer Sent: Monday, October 23, 2017 8:58 AM To: gnso-rds-pdp-5(a)icann.org Subject: [Gnso-rds-pdp-5] Notes and Action Items from 23 October call Notes and Action Items from Drafting Team #5 Call - 23 October 1. Roll call * Attendees: Krishna Seeburn, Theo Geurts, Elizabeth Bacon, Steve Metalitz, Farell Folly, Bastiaan Goslings * Apologies: Bastiaan Goslings 2. Review, discuss and confirm support and understanding of all input to date on i, ii, & iii. * Kris has additions to page 1, item i: Apart from the IP this is also used to identify the identity of the holders of domain names as a first level review. This can come from individuals or small companies equally * Do pages 2-3 overlap with anti-abuse purpose? * Action: Beth to share pages 2-3 with DT7 (Marika) and to suggest revisions to pages 2-3 to focus more on use in reg/contract enforcement, but mid-day Tuesday * No concerns expressed to page 1, item ii * Volunteer to add data elements (page 1, item iii) * Action: Steve Metalitz, to add today - done, see below: * Additional text for iii) is given here: "Data tending to establish the identity and/or location of domain name registrant. For example, Registrant name and at least province/country address could be relevant here." * Comments on I,II,II on page 1 - text to be integrated into i,ii,iii on the same page 3. Identify a volunteer to consolidate input into one coherent document, populating Word template * Action: Beth Bacon, by Tuesday mid-day * Action: Chuck to apply any final edits suggested on-list Wednesday 4. Identify a volunteer to draft a brief one paragraph definition of the purpose Definition: Describe the purpose succinctly in one paragraph, identifying who, what, and why * Action: Steve draft definition, send to DT5 list by mid-day Tuesday 5. Timeline a. Items 3 & 4 (new text from Beth and Steve) - not later than midday Tuesday b. List discussion & input on items 3 & 4 - midday Tuesday to midday Wednesday c. Confirm support & understanding - Wednesday afternoon * Action: All DT5 members to review entire draft, including new text to be supplied by Steve and Beth, and comment to list as to whether it's understandable. Google docs link: https://docs.google.com/document/d/1NvoYYmMsjqgt48mAYt5nCr8uPk-E-2IngGt50wD…<https://docs.google.com/document/d/1NvoYYmMsjqgt48mAYt5nCr8uPk-E-2IngGt50wD…> d. Cancel Thursday call if not needed - Wednesday evening * Action: GNSO-secs to schedule Thursday call, cancelled if everyone expresses understanding Wednesday on the consolidated draft e. Team to present output at ICANN60 in Abu Dhabi - those who will be present in person are Beth, Kris (also attending conflicting ALAC session), Chuck, Theo (may have conflicting NomCom session) * Action: Kris prepare to give intro of team's output in-person, with back up from Beth, and help answer any questions about this purpose from full WG

1 0