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

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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/>

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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/>

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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

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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

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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

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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

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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>

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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

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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

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Notes and Action Items from 23 October call
by Lisa Phifer Oct. 23, 2017

Oct. 23, 2017

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-2IngGt50wDk aFU/edit 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

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Attendance, Adobe Connect recording and chat / Drafting team #5: Regulatory or Contractual Enforcement call on Monday, 23, 2017 at 12:00 UTC
by Julie Bisland Oct. 23, 2017

Oct. 23, 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 Monday, 23 October 2017 at 12:00 UTC. Adobe Connect recording: https://participate.icann.org/p5x1c4s7mcb/<https://participate.icann.org/p5x1c4s7mcb/?OWASP_CSRFTOKEN=ba32205baa7d5c6f…> Apology: Bastiaan Goslings Attendance: Chuck Gomes, Elizabeth Bacon, Theo Geurts, Steve Metalitz, Krishna Seeburn, Farell Folly Staff: Lisa Phifer, Julie Bisland Thank you. Kind regards, Julie Adobe Connect Chat: Julie Bisland:Welcome to the Next-Gen RDS Drafting team #5: Regulatory or Contractual Enforcement call on 23 October 2017 at 12:00 UTC. Kris:hi julie.... Julie Bisland:Hello Kris! Happy Monday to you :) Kris:i guesss we all hate mondays Kris:but in our case there are no mondays or fridays going to week end... :) Julie Bisland::) I'm definitely not a fan of Monday's, but they're never as bad as I make them out to be. Kris:that is very true... Kris:it is what you make of the day...all days can be good or bad.... Julie Bisland:exactly :) Kris:that was like an echo on your side not sure it was theo or from you julie.... Kris:hi steve.... steve metalitz:Hello all. Theo Geurts:'lo Lisa Phifer:Is everyone seeing the document displayed? Theo Geurts:yes Farell Folly:yes. I can Kris:i added a few things a well Kris:no cant see them Kris:(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 come from individuals or small companies equally. Lisa Phifer:Agree that second page seems to belong in the anti-abuse purpose Lisa Phifer:Suggest that you relay pages 2-3 to team 7 Lisa Phifer:I can forward the PDF to Marika and Rod now Kris:lisa just have a look on the updated google doc Kris:i am fine with the approach Lisa Phifer:Marika Konings <marika.konings(a)icann.org<mailto:marika.konings@icann.org>>, Rod Rasmussen <rod(a)rodrasmussen.com<mailto:rod@rodrasmussen.com>> Kris:sounds good Kris:i would have done that but am gona be on road Farell Folly:Dear All, it is high likely that I will leave the meeting in 15 - 20 mins. I am very sorry about that. Kris:but it makes sense Kris:+1 thanks steve Farell Folly:Yes chuck.. it is correct from my side.. Farell Folly:I can also provides inputs for data elements for section iii. Julie Bisland:not sure where thats coming from, but working on it Lisa Phifer:It would be useful if i,ii,iii would be integrated into the supplied template for consistency with other team outputs steve metalitz:OK I have added a sentence in the Google doc giving examples of data elements in item iii. Beth Bacon:i just got kicked off audio again. I'm apologize. I will dial back in again Lisa Phifer:I have copied Steve's additional text on data elements into notes pod at right Beth Bacon:Will do Lisa. Lisa Phifer:Definition: Describe the purpose succinctly in one paragraph, identifying who, what, and why Kris:it' should be fine.... Kris:am fine with that Farell Folly:I have to leave now, I am sorry. I will listen to the audio and/or check the actions items. My apologies. Farell Folly:I al fine, too. Farell Folly:*am Kris:great that should do... we will let you know... Julie Bisland:ok, will do Kris:they timing is really terrible Kris:sure no problem Kris:i will be between the team and alac meeting Lisa Phifer:Theo, we can also give you an idea of when on the agenda this purpose will be covered (but that's only approximate as you know) Kris:i suppose just a a summmary of the understanding Kris:its ok i am ok with it Kris:thanks a lot beth Lisa Phifer:You may also be asked questions about the output, so hepful to have a couple of team members to answer questions Kris:we will no worries Kris:its expected steve metalitz:data elements already sent, and Lisa has entered into notes Kris:no i thought great job Kris:bye

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Agenda for DT5 Call today
by consult＠cgomes.com Oct. 23, 2017

Oct. 23, 2017

Attached and pasted below is a proposed agenda for our call today. Chuck DT5 Agenda, Monday 23 Oct 17 1. Rollcall 2. Review, discuss and confirm support and understanding of all input to date on i, ii, & iii. 3. Identify a volunteer to consolidate input into one coherent document 4. Identify a volunteer to draft a brief one paragraph definition of the purpose 5. Timeline a. Items 3 & 4 - not later than midday Tuesday (tomorrow) b. List discussion & input on items 3 & 4 - midday Tuesday to midday Wednesday c. Confirm support & understanding - Wednesday afternoon d. Cancel Thursday call if not needed - Wednesday evening 6. Thursday call to finalize deliverable (if needed): 1400 UTC (10 am EDT)

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Notes and action items from today's DT5 meeting
by Marika Konings Oct. 23, 2017

Oct. 23, 2017

Dear All, Please find below the notes & action items from today’s DT5 meeting. Please take particular note of the action items. Best regards, Marika DT5 - Regulatory or Contractual Enforcement Meeting on 18 October 2017 1. Welcome & roll call * Role of coordinator is to co-ordinate & facilitate, for DT members to do the actual work 2. Brief recap of drafting team goals and due date a. Overall goal: To enable better understanding of the Regulatory or Contractual Enforcement purpose for Whois data, first in DT5 and then in the full RDS PDP WG. * See also the template that has been circulated. * Objective is NOT to determine whether or not this purpose is legitimate, but to ensure understanding of what this purpose entails * Deadline to complete tasks by Thursday 26 October - will require everyone to contribute and participate b. Tasks i. List and briefly describe tasks commonly involved in carrying out this purpose. ii. Describe the parties who often access gTLD registration data in pursuit of Regulatory or Contractual Enforcement purposes iii. List gTLD registration data often involved in this purpose. iv. Describe the purpose succinctly in one paragraph * Who are the parties that request WHOIS data today for Regulatory or Contractual Enforcement purposes? * What role does gTLD registration data play for Regulatory or Contractual Enforcement purposes? * Why is access to Whois data needed to fulfill Regulatory or Contractual Enforcement purposes? v. Prepare and submit the final deliverable to the full RDS PDP WG not later than Thursday, October 26. vi. Provide an overview of the final deliverable in the Face-to-Face WG meeting on Saturday, October 28 in Abu Dhabi and interact with WG members in that meeting to answer their questions and help them understand the Regulatory or Contractual Enforcement purpose. 3. All team members to share their level of experience with the regulatory or contractual enforcement purpose * Bastiaan Goslings - no experience in this area, hopes to gain a better understanding through asking questions * Beth Bacon - middle of the road level of experience. Previous position was US government so some familiarity with how colleagues used RDS data for these purposes, now experience from a registry perspective. * Farell Folly - more than 5 years of experience in regulatory (government) are especially in mobile telecommunications and Internet Service providers, but not especially with domain names. * Krishna Seeburn - has been part of the regulatory body, also worked with policy and LE in certain situations. Not a practicing lawyer, but good insight into what is being discussed. * Steve Metalitz - lawyer in private practice, has counseled clients involved in the scenarios outlined in the paper (contract compliance). Some direct experience and general experience in the regulatory environment. * Theo Geurts - as a registrar a lot of experience dealing with LE, IP as well as government. Been doing this since 2009 and responsible for the abuse team. 4. Introduce EWG's definition of this purpose as a starting point for discussion (see both EWG Report excerpts on page 2 of template) * See template for EWG definition and example use cases. DT may decide to use this as a starting point if deemed helpful, but no obligation to do so. * Current description is very broad, more focused on use cases. Is objective to craft a purpose statement that could be used to share with DPAs in the context of data protection legislation? Important not to get hung up on the term 'definition' for now. * Recent work on users may help inform this, namely dataflow matrix that was created as part of the small group working on GDPR issues: https://www.icann.org/resources/pages/gtld-registration-dataflow-matrix-201… * Use case developed by RDS PDP WG may also assist in this regard (see https://community.icann.org/download/attachments/60493753/14-WHOIS%20querie…) In addition, EWG report identified a number of use cases for this purpose. 5. Initial Discussion a. Q&A between members less familiar with this purpose and those who have direct experience with it * Would be helpful to briefly describe tasks involved in this purpose? Who has been asked for what, in what context? b. Team members more familiar with this purpose to give real-world examples of this purpose drawn from their own experiences * UDRP - pretty straightforward process: registrar gets inquiry from UDRP provider, who is registrant, when was last update, etc. Info sent back to UDRP provider, following which procedure starts. Sometimes info is masked as a result of P/P services - requires review of conditions to see if unmasking is allowed. If info is not unmasked, P/P provider will be named as defendant. Some registrars will provide information to UDRP provider but will not reveal the info in WHOIS (depends on terms and conditions of P/P). The UDRP provider will look at publicly available WHOIS to send the necessary materials to registrant - even though info may not always be actionable. UDRP provider uses WHOIS info to be able to start their proceedings. The UDRP rules require the UDRP provider to send a "verification request" to registrar. UDRP provider also uses Whois data directly to send notice of the complaint to the respondent. * Intellectual property owner who identifies a site potentially infringing IP. Needs to be able to assess whether the registrant has authorisation/license to use IP. Contract enforcement issue - need to find out whether the person using IP has the right to do so. If not, it would involve next steps, for example getting ICANN compliance involved to enforce legal obligations. Would first go to WHOIS info to find a possible answer, even if info is not actionable (for example, in case of P/P). Would also include a WHOIS lookup to try and identify hosting party. * Contractual compliance - WHOIS accuracy - contractual obligation by registrars to correct info within a certain timeframe following receipt of WHOIS accuracy complaint. Received from all kinds of sources: registrants, ICANN compliance, third parties. * Registration data escrow audits - registrars need to ensure that registrant data is escrowed to an escrow provider to make sure that should a registrar go out of business, ICANN can get hold of registrant data to be able to provide continuity of service. Compliance audits are in place to ensure that data is available, complete, accurate. * Audits also in place to check how processes are applied that involve, amongst others, RDS info such as sending of FOA, transfers, etc. Action item #1: DT members to dedicate time over the course of next week to this topic and encouraged to share perspectives on the mailing list. c. Identify & discuss issues where more understanding is needed 6. Assign responsibilities for creating first drafts a. Task i: b. Task ii c. Task iii * Consider having one person doing task i, ii and iii for the different use cases. * Consider using google doc so that others can add / edit as appropriate. * Steve Metalitz: Intellectual Property owners. (Steve to send to the mailing list, Beth to turn it into a google doc). Action item #2: DT members to share first draft by end of day on Thursday 19 October. 7. Next steps and action items a. List discussion on agenda item 5.c. (Chuck will initiate this after call.) b. Volunteers for agenda items 6.a, 6.b & 6.c will submit their first drafts to the list and initiate list discussion not later than Friday, October 20 8. Next teleconference call(s) a. Suggestions: i. Next call on Monday October 23 or Tuesday October 24 ii. Third call early on Thursday October 26 if needed to finalize deliverable b. Chuck will request a Doodle Poll for the following days: i. Monday October 23 ii. Tuesday October 24 iii. Thursday October 26 Action item #3: Staff to circulate doodle poll to schedule next meeting on Monday or Tuesday next week. Doodle poll would also include possible third meeting on Thursday 26 October - but if work is completed by that date, it would be cancelled. Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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Agenda for first call
by Chuck Oct. 20, 2017

Oct. 20, 2017

Attached and pasted below is the agenda for our first call on Wednesday, October 18. Chuck RDS Drafting Team 5 (DT 5) Agenda for Wednesday, October 18, 2017 1. Welcome & roll call 2. Brief recap of drafting team goals and due date a. Overall goal: To enable better understanding of the Regulatory or Contractual Enforcement purpose for Whois data, first in DT5 and then in the full RDS PDP WG. b. Tasks i. List and briefly describe tasks commonly involved in carrying out this purpose. ii. Describe the parties who often access gTLD registration data in pursuit of Regulatory or Contractual Enforcement purposes iii. List gTLD registration data often involved in this purpose. iv. Describe the purpose succinctly in one paragraph * Who are the parties that request WHOIS data today for Regulatory or Contractual Enforcement purposes? * What role does gTLD registration data play for Regulatory or Contractual Enforcement purposes? * Why is access to Whois data needed to fulfill Regulatory or Contractual Enforcement purposes? v. Prepare and submit the final deliverable to the full RDS PDP WG not later than Thursday, October 26. vi. Provide an overview of the final deliverable in the Face-to-Face WG meeting on Saturday, October 28 in Abu Dhabi and interact with WG members in that meeting to answer their questions and help them understand the Regulatory or Contractual Enforcement purpose. 3. All team members to share their level of experience with the legal actions purpose 4. Introduce EWG's definition of this purpose as a starting point for discussion (see both EWG Report excerpts on page 2 of template) 5. Initial Discussion a. Q&A between members less familiar with this purpose and those who have direct experience with it b. Team members more familiar with this purpose to give real-world examples of this purpose drawn from their own experiences c. Identify & discuss issues where more understanding is needed 6. Assign responsibilities for creating first drafts a. Task i b. Task ii c. Task iii 7. Next steps and action items a. List discussion on agenda item 5.c. (Chuck will initiate this after call.) b. Volunteers for agenda items 6.a, 6.b & 6.c will submit their first drafts to the list and initiate list discussion not later than Friday, October 20 8. Next teleconference call(s) a. Suggestions: i. Next call on Monday October 23 or Tuesday October 24 ii. Third call early on Thursday October 26 if needed to finalize deliverable b. Chuck will request a Doodle Poll for the following days: i. Monday October 23 ii. Tuesday October 24 iii. Thursday October 26

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DT5 - Watch for initial drafts today
by Chuck Oct. 19, 2017

Oct. 19, 2017

Please watch today for initial drafts deliverable input from Steve as well as from any others who want to provide input and respond with your comments and questions as soon as possible. Thanks to all of you for completing the Doodle poll. Unfortunately there was no perfect time so we had to choose one of the times that worked for most. A meeting request for Monday will be sent shortly. Chuck

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Attendance, Adobe Connect recording and chat / Drafting team #5: Regulatory or Contractual Enforcement call on Wednesday, 18 October 2017 at 13:00 UTC
by Terri Agnew Oct. 18, 2017

Oct. 18, 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 Wednesday, 18 October 2017 at 13:00 UTC. Adobe Connect recording: <https://participate.icann.org/p2eufzhhj08/?OWASP_CSRFTOKEN=e7a3e0ad59e75812 eb19f72c46929374e3ff7948a26ef4dfdf6de2363e5902f4> https://participate.icann.org/p2eufzhhj08/ Attendance: Chuck Gomes, Elizabeth Bacon, Theo Geurts, Steve Metalitz, Krishna Seeburn, Farell Folly, Bastiaan Goslings Staff: Marika Konings and Terri Agnew Thank you. Kind regards, Terri Adobe Connect Chat: Nathalie Peregrine:Dear all, welcome to the RDS DT 5 on Regulatory or Contractual Enforcement on Wednesday 18 October 2017 at 13:00 UTC Krishna Seeburn - Kris:hi terri Krishna Seeburn - Kris:how are you? Krishna Seeburn - Kris:hope better now..... Terri Agnew:Welcome Krishna, all good on my side and you? Krishna Seeburn - Kris:well a bit of pressure.... Krishna Seeburn - Kris:just some headaches.... Krishna Seeburn - Kris:with a work am trying to tidy up Krishna Seeburn - Kris:but i guess i could say good as well Krishna Seeburn - Kris:by the way if am not wrong bastiaan is flying at this time Krishna Seeburn - Kris:i think he apologised.... Terri Agnew:I hope work clears up soon and thank you for the notice on Bastiaan. He asked for the information a bit ago. Krishna Seeburn - Kris:yes he did and i recal a mail he said he was going to be on a flight.... Krishna Seeburn - Kris:But he might join in...if not i think he would be an apology Terri Agnew:if I don't see him join ,I will adjust to apology Krishna Seeburn - Kris:good thnx Krishna Seeburn - Kris:working for me Marika Konings:This is a good rehearsal for me as my DT is only meeting for the first time later today :-) Krishna Seeburn - Kris:thnaks marika Beth Bacon:Thanks, Marika! Farell Folly:that is a very good approach... choosing two group of people Farell Folly:Hi CHuck,I do not have a good internet connection.I have more than 5 years of experience in regulatory (government) are especially in mobile telecommunications and Internet Service providers. Farell Folly:but Not especially with domain names.. Farell Folly:I will. thanks steve metalitz:not on mute but will phone in..... and will type in my expeience Bastiaan Goslings:@Theo: I will certainly pick your brain! ;-) Theo Geurts:Sure thing @Bastiaan, always welcome Farell Folly:I will add on the notes : I am not a lawyer at all.. I am rather tehnical and assist lawyers and legal in their enforcement capacity... Marika Konings:@Beth - could you confirm which report you are referring to? Beth Bacon:@Marika, this is the link to the dataflow matrix that was created as part of the small group working on GDPR issues: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources _pages_gtld-2Dregistration-2Ddataflow-2Dmatrix-2D2017-2D07-2D24-2Den <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource s_pages_gtld-2Dregistration-2Ddataflow-2Dmatrix-2D2017-2D07-2D24-2Den&d=DwIC aQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXhFzL7ar9 Qfqa0AIgn-H4xR2EBk&m=9ohcEelKeoXMT8lcSFXzsyFnlshQVKjR7Qxy8rV6NgU&s=N_jE2cnT7 gLCzHiec1nFz2N28K15a03yyM0BHLEhI1c&e> &d=DwICaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXh FzL7ar9Qfqa0AIgn-H4xR2EBk&m=9ohcEelKeoXMT8lcSFXzsyFnlshQVKjR7Qxy8rV6NgU&s=N_ jE2cnT7gLCzHiec1nFz2N28K15a03yyM0BHLEhI1c&e= Beth Bacon:More info on the group for those unfamiliar can be found on the ICANN site in the Data Protection and Privacy page. Marika Konings:thanks Beth! Krishna Seeburn - Kris:that's what i undertand as well Marika Konings:I believe the UDRP specifies what information needs to be provided by the registrar. Also, the UDRP Lock rules outline the steps for dealing with P/P registrations (as outlined by Theo). Krishna Seeburn - Kris:not everyone follows the same path though Beth Bacon:Thanks! Marika Konings:@Steve - isn't UDRP provider required to confirm the information with the registrar as part of the UDRP rules (regardless of what can be found in WHOIS)? Or this is not a requirement? Beth Bacon:agreed as well. thanks, Steve Farell Folly:No it is fine. Krishna Seeburn - Kris:none from me....this is what i learned to understand Farell Folly:Hello Chuck, it is not an example but I want that to emphasize that law and juridiction hierarchy and stakeholder definitions are very important, to avoid conflicts and being stuck later on during accountability. Farell Folly:For instance, who is entitled to be bounded by UDPR? What is expected from countries ? What national model is recommended ? Guidelines to handle conflicts...etc steve metalitz:@Marika, yes, the UDRP rules require the UDRP provider to send a "verification request" to registrar. UDRP provider also uses Whois data directly to send notice of the complaint to the respondent. Marika Konings:Thanks Steve. Krishna Seeburn - Kris:To be honest the big ones do....but many are sub sub..that do not even comply properly steve metalitz:+1 Theo. Farrell's questions are more relevant to ccTLDs which are not subject to UDRP. Farell Folly:It is ok. Thanks to both of you. Krishna Seeburn - Kris:yes more cctld Krishna Seeburn - Kris:perhaps later may be the geonames Farell Folly:No necessarily for ccTLD only. WHOIS works for both gTLDs and ccTLDS, therefore both manipulates users data...both types of registries and registrars will have clients across the world Beth Bacon:Totally understand if folks can't or prefer not to use it, but could be helpful as we have a short time to collaborate and turn this all around steve metalitz:I will send to list but would be happy for someone else to create Google doc. Theo Geurts:Sounds like a plan Beth Bacon:I'm happy to do that Steve. Marika Konings:don't we need volunteers for the other use cases? Krishna Seeburn - Kris:we'll help out and discuss Krishna Seeburn - Kris:we wil work it out on list steve metalitz:@Bastiaan, I think Chuck was referring to the use cases Beth (and others) compiled as part of the ICANN effort to respond to GDPR. Bastiaan Goslings:@Steve: Thanks Bastiaan Goslings:clear Beth Bacon:Thanks, all! Krishna Seeburn - Kris:thanks Krishna Seeburn - Kris:cheers steve metalitz:thanks Bastiaan Goslings:thanks, ciao!

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Mark your calendars
by Chuck Oct. 18, 2017

Oct. 18, 2017

Thanks to all of you for promptly completing the Doodle Poll. You should receive a meeting request shortly. If you want to mark your calendars, our first meeting will be at 1300 UTC ( 9 am EDT, 6 am PDT) on Wednesday, October 18. Chuck

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FW: [Gnso-next-gen-rds-lead] Use case links corrected
by Chuck Oct. 17, 2017

Oct. 17, 2017

Note the link to EWG Report use cases was found to be faulty and has now been corrected. Item 14 relates to DT5. Chuck -----Original Message----- From: gnso-next-gen-rds-lead-bounces(a)icann.org [mailto:gnso-next-gen-rds-lead-bounces@icann.org] On Behalf Of Lisa Phifer Sent: Monday, October 16, 2017 2:11 PM To: RDS-Leaders-List <gnso-next-gen-rds-lead(a)icann.org> Subject: [Gnso-next-gen-rds-lead] Use case links corrected FYI, all the use case links have been corrected. The links you'll find on this page should all now work: https://community.icann.org/display/NGRDSTRWMO/RDS+PDP+WG+Example+Use+Cases _______________________________________________ Gnso-next-gen-rds-lead mailing list Gnso-next-gen-rds-lead(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-next-gen-rds-lead

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Drafting Team #5 - Regulatory or Contractual Enforcement
by Chuck Oct. 13, 2017

Oct. 13, 2017

Welcome. You have been selected by the RDS leadership team to serve on a drafting team to define the RDS purpose named in the subject line above. Thank you very much for volunteering to participate in this effort. Here is the list of the team members: Coordinated by: Chuck Gomes Members: Elizabeth Bacon, Theo Geurts, Steve Metalitz, Krishna Seeburn, Farell Folly, Bastiaan Goslings As you can see, this message is being sent via a dedicated mailing list that has been set up to facilitate email communications over the next two to two and half weeks. Please use the list for all of our electronic team communications. Note that this list is publicly archived. Here are the list details. Mailing list address: <mailto:gnso-rds-pdp-5@icann.org> gnso-rds-pdp-5(a)icann.org Mailing list archive: http://mm.icann.org/pipermail/gnso-rds-pdp-5/ Attached you will find a template that outlines our tasks and provides a timeline. Please review it right away so that we can start discussions as soon as possible. We plan to have at least two teleconference calls over the next two weeks, but additional ones may be scheduled as needed. At the same time, mailing list discussion is encouraged. The first call will be scheduled on Tuesday or Wednesday, October 17 or 18. Please complete the Doodle poll linked below not later than end of day on Saturday, October 14 so that a time can be identified that best meets team member availability. https://icannorg.doodle.com/poll/4yky4w5brbfpttep Teams were formed using results from this week's poll which can be found on the WG wiki. Every team includes: * At least one person from each of the perspectives named in the poll wherever possible, but without assigning members to more than one team. * A mix of members who have direct experience regarding the proposed purpose and those who have little or no experience about the proposed purpose. Remember that the purpose of this work is not to make decisions but rather to facilitate communication and understanding. The team is expected to deliver a one to two-page document to the full WG that will be used in our face to face meeting on Saturday, October 28 to help all WG members understand the applicable purpose. If you have any questions, please feel free to ask them on this list. Thanks in advance for completing the Doodle Poll promptly and for participating in our discussions starting today and in the days ahead. Chuck Gomes Drafting Team Coordinator

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