June 2023 - GNSO-TPR - lists.icann.org

Notes and action items: TPR WG Meeting #94 - 06 June at 1600 UTC
by Julie Hedlund June 6, 2023

June 6, 2023

Dear TPR WG members, Please find below the brief notes and action items from today’s meeting. The next meeting will be at ICANN77 on Thursday, 15 June at 10:45-12:15 EDT/14:45-16:15 UTC. See: https://icann77.sched.com/event/1NMuG/gnso-transfer-policy-review-pdp-worki…. Best regards, Emily, Julie, Berry, and Caitlin ACTION ITEMS/HOMEWORK: 1. WG members to review the redlined Transfer Dispute Resolution Policy with Rec. 27 updates at:https://docs.google.com/document/d/12ncsCc_sYiBs2cRZVOPCrBes92aV0p-6S-7h… [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/12ncsCc_sYiBs…> and note anything that might be missing or require clarification. Also review the table on slide 7 of the attached slides. 2. Staff to create a Google doc of the questions for interested WG members to add their names by Thursday, 08 June to volunteer to speak to the question. See: https://docs.google.com/document/d/1KX9kw7Sd1xz8BoOnUh1TvYRVtwKSNrOIMyQSlFa…. Staff to provide talking points. Notes: Transfer Policy Review - Meeting #94 Proposed Agenda 30 May 2023 1. Welcome and Chair Updates * No updates provided. 2. Recap Outcomes - Last Week’s Call * The group agreed to Staff's summary of charter questions g1 and g2, and a draft of the responses was subsequently sent to the group for its review. * Homework for this call: * We asked the group to review the use cases identified from IRTP-D for a registrant transfer dispute resolution policy and see if those captured the gap they believe exists; * We presented an overview of the data that is transferred b/w parties/provider/panel for the TDRP and asked the group to provide any concerns or red flags with respect to data minimization. 3. Additional Use Cases Charter Question g3 (draft scenarios) – See attached slides. * Use Cases from IRTP D Final Report [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/filef…>, please see pp. 41-42 * Two registrant claimants dispute to be the Registered Name Holder immediately prior to or directly following an inter-registrar transfer (entirely b/w registrants; no compliance role) * Two registrant claimants dispute who is the Registered Name Holder of a domain name without an inter-registrant transfer having taken place. There are a number of reasons for such a situation to occur, including – but not limited to – a contractor registering a domain for a client, two business partners splitting, admin contact leave a company but remains listed in the Whois database. (entirely b/w registrants; no compliance role) * Any other use cases from the WG that need to be considered? Discussion: * Goal for the use cases to be stepping stone – are there other use cases? * If there is support for this, consider whether to include text to notify the Council of a potential gap. * Use cases considered by ITRP-D still seem relevant today. 4. Charter Question g4 -- See attached slides 6, 7, and 8. g4) Are requirements for the processing of registration data, as specified in the TDRP, compliant with data protection law? 5. Charter Question g5 -- See attached slides. g5) Are requirements for the processing of registration data, as specified in the TDRP, appropriate based on principles of privacy by design and data processing minimization? Discussion: * Are the data required all of the time (i.e., postal address) – what data sharing can we eliminate? * Is everything on slide 7 needed? * Data minimization is the law in some cases – remove the items marked with asterisk. * We have draft updated text related to Rec 27 updates, that covers some of these items – this question is whether there are data protection issues even after the changes from Rec 27. * Note the item from last week’s meeting: ACTION ITEM: WG members to review the redlined Transfer Dispute Resolution Policy with Rec. 27 updates at:https://docs.google.com/document/d/12ncsCc_sYiBs2cRZVOPCrBes92aV0p-6S-7h… [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/12ncsCc_sYiBs…> and note anything that might be missing or require clarification. Also review the table on slide 7 of the attached slides. 6. Planning for ICANN77 Volunteers to facilitate charter question discussions: Note that the charter questions and draft responses have been circulated: * TEAC Charter Question Responses [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1zBYIaFTF5bRr…> * TDRP Charter Question Responses [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1lBwsxDMfp74a…> Staff can provide talking points for any of the volunteers. Also at ICANN77 staff will seek volunteers to participate in a role-playing exercise on a registrant initiated transfer dispute mechanism. ACTION ITEM: Staff to create a Google doc of the questions for interested WG members to add their names by Thursday, 08 June to volunteer to speak to the question. See: https://docs.google.com/document/d/1KX9kw7Sd1xz8BoOnUh1TvYRVtwKSNrOIMyQSlFa…. Staff to provide talking points. CHARTER QUESTION VOLUNTEER f1) Is additional data needed to support evaluation of the effectiveness of the TEAC mechanism? If so, what data is needed? f2) To what extent should the 4-hour time frame be revisited in light of these concerns? Are there alternative means to address the underlying concerns other than adjusting the time frame? f4) Section I.A.4.6.2 of the Transfer Policy states that “Communications to a TEAC must be initiated in a timely manner, within a reasonable period of time following the alleged unauthorized loss of a domain.” The Transfer Policy Review Scoping Team noted that this timeframe should be more clearly defined. Is additional guidance needed to define a “reasonable period of time” after which registrars should be expected to use a standard dispute resolution process? Sarah f5) Do telephone communications provide a sufficient “paper trail” for registrars who may later wish to request a transfer “undo” based on failure by a TEAC to respond? Sarah f6/f7 The Transfer Policy Review Scoping Team indicated that there are several factors that make a Registry Operator’s obligation to “undo” a transfer under Section 6.4 of the Transfer Policy challenging:

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**STARTING IN 15 MINUTES** Meeting Invitation | Transfer Policy Review PDP WG call | Tuesday, 06 June 2023
by Julie Bisland June 6, 2023

June 6, 2023

**STARTING IN 15 MINUTES** Dear all, The next Transfer Policy Review PDP WG call is scheduled for Tuesday, 06 June 2023 at 16:00 UTC for 90 minutes. * If unable to attend, members must communicate their alternate replacement using this google form<https://urldefense.com/v3/__https:/docs.google.com/forms/d/e/1FAIpQLScXP3-H…>. To join - Zoom Information: Main Zoom Webinar link: https://icann.zoom.us/j/95363727469?pwd=N3A3OWFSaTlUME9wZzlGajk5VUI3QT09 <https://urldefense.com/v3/__https:/icann.zoom.us/j/95363727469?pwd=N3A3OWFS…> Passcode: @TP/^*4wg# If you are joining via audio only: One tap mobile: US: +19294362866,,95363727469#,,,,*7490739013# or +13017158592,,95363727469#,,,,*7490739013# Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 953 6372 7469 Passcode: 7490739013 International numbers available: https://icann.zoom.us/u/acdLFXPLp6 <https://urldefense.com/v3/__https:/icann.zoom.us/u/acdLFXPLp6__;!!PtGJab4!v…> Members, alternates, and observers all have different access and participation directions, please read below! ALL: Before joining the call: * Please send apologies and dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only * Please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> * Visit the Wiki Agenda meeting page: https://community.icann.org/x/-4LKDQ * Time conversion link: https://tinyurl.com/5n6u2c4t [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/5n6u2c4t__;!!PtGJab4!4Gji4DJ…> ONLY FOR MEMBERS & ALTERNATES: * Staff will promote members and alternates to panelist once joined. * Chat: Please select Everyone so everyone can see your chat, and so it’s captured in the recording. * If unable to attend, members must communicate their alternate replacement using this google form<https://urldefense.com/v3/__https:/docs.google.com/forms/d/e/1FAIpQLScXP3-H…>. * Alternate assignments will be publicly posted to the Alternate Log-Transfer Policy Review PDP<https://community.icann.org/x/V4aUCQ> wiki page. * Alternates (not replacing a member): Rename your line by adding 3 Zs (zzz) before your name and add, your affiliation - alternate after your name. * Alternates (not replacing a member) are not allowed to engage in the chat or use any of the other zoom room functionalities such as raising hands or agreeing/disagreeing. ONLY FOR OBSERVERS: * Observers will have ability to view member chat and information shared in the zoom webinar room. * Observers will not be able to use chat or raise hands. Thank you. Kind regards, Julie

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Draft responses to charter questions
by Caitlin Tubergen June 5, 2023

June 5, 2023

Dear TPR WG members, GNSO Support Staff had an action item to draft responses to the TEAC and TDRP Charter questions the group has discussed. Below, please find links to the draft responses for the TEAC questions and the TDRP questions we have covered so far: * TEAC Charter Question Responses<https://docs.google.com/document/d/1zBYIaFTF5bRrUdhnGiftP5CGHvuOoHqKPOhGnU4…> * TDRP Charter Question Responses<https://docs.google.com/document/d/1lBwsxDMfp74aAx7VSLLp0yw6aJfmyzrpiHeqsFG…> All members should have commenting rights, so please feel free to suggest changes (in comment mode) if you notice any errors or think Support Staff has captured the WG’s agreements incorrectly. We will briefly go over these during tomorrow’s meeting. Thank you. Best regards, Emily, Julie, Berry, and Caitlin

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Proposed Agenda: TPR WG Meeting #94 - 6 June 2023
by Caitlin Tubergen June 5, 2023

June 5, 2023

Dear Working Group members, Please find below the proposed agenda for the next meeting scheduled to take place on Tuesday, 6 June at 16:00 UTC. As a reminder, here are the homework items from last week’s meeting: 📣 ACTION ITEMS 📣 1. Charter Question g3: WG members to suggest additional use cases for registrant transfer dispute mechanism. 2. Charter Questions g4 and g5:WG members to review the redlined Transfer Dispute Resolution Policy with Rec. 27 updates at:https://docs.google.com/document/d/12ncsCc_sYiBs2cRZVOPCrBes92aV0p-6S-7h… [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/12ncsCc_sYiBs…> and note anything that might be missing or require clarification. Specifically, are there any red flags for the data elements or documentary evidence in the TDRP? NOTE: The document is set for editing – please use suggestion mode so that changes are highlighted. Kind regards, Emily, Julie, Berry, and Caitlin -- Transfer Policy Review - Meeting #94 Proposed Agenda 6 June 2023 1. Welcome and Chair updates 2. Recap Outcomes - Last Week’s Call 3. Additional Use Cases Charter Question g3 (draft scenarios) • Use Cases from IRTP D Final Report<https://gnso.icann.org/sites/default/files/filefield_46639/irtp-d-final-25s…>, please see pp. 41-42 * Two registrant claimants dispute to be the Registered Name Holder immediately prior to or directly following an inter-registrar transfer (entirely b/w registrants; no compliance role) * Two registrant claimants dispute who is the Registered Name Holder of a domain name without an inter-registrant transfer having taken place. There are a number of reasons for such a situation to occur, including – but not limited to – a contractor registering a domain for a client, two business partners splitting, admin contact leave a company but remains listed in the Whois database. (entirely b/w registrants; no compliance role) * Any other use cases from the WG that need to be considered? 4. Charter Question g4 • WG discussion re: homework 5. Charter Question g5 • WG discussion re: homework 6. Planning for ICANN77 7. AOB

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**REMINDER** Meeting Invitation | Transfer Policy Review PDP WG call | Tuesday, 06 June 2023
by Julie Bisland June 5, 2023

June 5, 2023

Dear all, The next Transfer Policy Review PDP WG call is scheduled for Tuesday, 06 June 2023 at 16:00 UTC for 90 minutes. * If unable to attend, members must communicate their alternate replacement using this google form<https://urldefense.com/v3/__https:/docs.google.com/forms/d/e/1FAIpQLScXP3-H…>. To join - Zoom Information: Main Zoom Webinar link: https://icann.zoom.us/j/95363727469?pwd=N3A3OWFSaTlUME9wZzlGajk5VUI3QT09 <https://urldefense.com/v3/__https:/icann.zoom.us/j/95363727469?pwd=N3A3OWFS…> Passcode: @TP/^*4wg# If you are joining via audio only: One tap mobile: US: +19294362866,,95363727469#,,,,*7490739013# or +13017158592,,95363727469#,,,,*7490739013# Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 953 6372 7469 Passcode: 7490739013 International numbers available: https://icann.zoom.us/u/acdLFXPLp6 <https://urldefense.com/v3/__https:/icann.zoom.us/u/acdLFXPLp6__;!!PtGJab4!v…> Members, alternates, and observers all have different access and participation directions, please read below! ALL: Before joining the call: * Please send apologies and dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only * Please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> * Visit the Wiki Agenda meeting page: https://community.icann.org/x/-4LKDQ * Time conversion link: https://tinyurl.com/5n6u2c4t [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/5n6u2c4t__;!!PtGJab4!4Gji4DJ…> ONLY FOR MEMBERS & ALTERNATES: * Staff will promote members and alternates to panelist once joined. * Chat: Please select Everyone so everyone can see your chat, and so it’s captured in the recording. * If unable to attend, members must communicate their alternate replacement using this google form<https://urldefense.com/v3/__https:/docs.google.com/forms/d/e/1FAIpQLScXP3-H…>. * Alternate assignments will be publicly posted to the Alternate Log-Transfer Policy Review PDP<https://community.icann.org/x/V4aUCQ> wiki page. * Alternates (not replacing a member): Rename your line by adding 3 Zs (zzz) before your name and add, your affiliation - alternate after your name. * Alternates (not replacing a member) are not allowed to engage in the chat or use any of the other zoom room functionalities such as raising hands or agreeing/disagreeing. ONLY FOR OBSERVERS: * Observers will have ability to view member chat and information shared in the zoom webinar room. * Observers will not be able to use chat or raise hands. Thank you. Kind regards, Julie

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