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Re: [RDS-WHOIS2-RT] Request to Remove RDS-WHOIS2 Review from Short-term options Public Comment
by Alan Greenberg June 2, 2018

June 2, 2018

Please replace the third line of Facts/Assumptions with the following. In fact we only have a total number and not details of how it is apportioned. >We have currently spent about $46k on staff support and I have >projected another $40k presuming a significant part of the work has >already been carried out, but there may be some editing and other >needs near the end. Alam At 01/06/2018 11:04 PM, Alan Greenberg wrote: >During our meeting last Monday, we decided to request that ICANN Org >remove the RDS-WHOIS2 from the Public Comment(PC) on Short-Term >Options to Adjust the Timeline for Specific Reviews. > >Part of the argument for doing so is that we will be almost finished >the bulk of our work by the time the PC completes, and the other >part is that the financial savings that the PC presume from our >changing scope or pausing the review - $460k is far too high. > >For this 2nd part, I have summarized our past and projected >expenses. If the RT does not agree with these projections, they must >be adjusted prior to us making the request (which I hope we can do >next Monday). > >Facts/Assumptions: > >We had a cost of $15k for the Abu Dhabi meeting (people were brought >in even though we did not end up having a formal meeting). > >We have had 2 F2F meetings to date at a cost of about $30k each. To >complete its final report, the RT will need the planned F2F meeting >in July, and possibly another F2F to complete the final report, >potentially in November. > >We have currently spent about $46k on external contract support >(largely Lisa) and I have projected another $40k presuming a large >part of the work has already been carried out, but there may be some >editing and other needs near the end. > >It is possible that we may want to bring several people to the March >2019 ICANN meeting to formally present the report. I have allowed >$20k for that (per person costs will be higher than our Brussels meetings) > >For general contingency I have added $19k, and also an additional >$30k in case, for whatever reason, we need one more F2F meeting. > >The original review budget allowed $200k for an external study, but >there is no indication that this will be used. > >That results in a total Review Budget $290 compared to the original >ICANN estimate of $690k. The FY breakdown is: FY17: $15k; FY18: >$130k; FY19: $145k. > >MSSI has reviewed this and presuming the assumptions of number of >meetings and no external contract is correct, they believe that this >is reasonable. > >Are there any questions, and do you feel comfortable proceeding on this basis? > >THIS WILL BE DISCUSSED DURING OUR MONDAY MEETING. IF YOU CANNOT >ATTEND, PLEASE SEND COMMENTS AHEAD OF TIME. > >Alan

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Plenary #30 | 4 June 2018 | 15:00 UTC
by Jean-Baptiste Deroulez June 2, 2018

June 2, 2018

Dear Review Team Members, In preparation for your call #30<https://community.icann.org/x/9iUFBQ> scheduled for Monday 4 June 2018 – 15:00 – 16:30 UTC, please find below the meeting agenda: * Welcome, roll-call, SoI Updates * Short-Term Options to Adjust the Timeline for Specific Reviews * Subgroups Status Update * ICANN62 * A.O.B. * Confirm Decisions Reached and Action Items You should all have received dial-in details to join this call. If not, please contact us (off list) at rds-whois2-staff(a)icann.org<mailto:rds-whois2-staff@icann.org>. As always, let us know if you have any questions or concerns. Kind regards, Jean-Baptiste

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EDPB Guidelines on GDPR and Third Country Data Transfers
by Carlton Samuels June 1, 2018

June 1, 2018

THe EDPB - Formerly the Article 29 WP - has adopted and issued its final guidelines on derogations, exemptions set out in Article 49 of GDPR. Article 49 is construed as allowing the relaxation of the general rule pertaining personal data transfers to third countries; the standard requiring an adequate - more like congruent - legal framework for the protection of personal data as well as 'appropriate safeguards' in third countries before the data is legally transferred. The easement covers the occasional, as opposed to routine, data transfers. Not quite the pill for Safe Harbour or, for that matter, RDS data. https://edpb.europa.eu/news/news/2018/edpb-adopted-final-version-guidelines… -Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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Tucows Prevails, for now
by Carlton Samuels June 1, 2018

June 1, 2018

...the application was on the proverbial 'wing and prayer' anyhow. If you read the ICANN pleading & Tucow's response, one doubts the outcome on the first question should have been in doubt. I think JJ's statement is purely a recitation of fact; the substantive question[s] surrounding remains unanswered by the court, hence the clarity anticipated remains elusive. A couple of interesting tidbits though: 1) the reference to the RAA's Sec 5.8 - Dispute Resolution Clause which outlines how RAA disputants must proceed in case of a dispute for performance etc. While the RAA does allow for litigation "*in a court of competent jurisdiction*" or by arbitration in a panel raised in LA County, it further says such litigation is exclusively in California courts. It appears the Bonn regional court disputes the primacy of a California court as '*jurisdiction and exclusive venue*" to grant "*arbitral relie**f"*. 2) It appears to rubbish the ICANN Procedures for Handling Conflicts with Privacy Laws by asserting the primacy of local law and the applicability of RAA Sec 3.7.2. All in all, *not*, IMHO, a hopeful sign for the ICANN position anywhere. https://www.icann.org/en/system/files/files/litigation-icann-v-epag-request… -Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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ICANN takes legal action in respect to GDPR
by Alan Greenberg May 30, 2018

May 30, 2018

https://www.icann.org/news/announcement-2018-05-25-en For those who might not have noticed, on Friday, ICANN announced that it has filed injunction proceedings against a German registrar (associated with TUCOWS) that had informed ICANN that under the GDPR, it would no longer be collecting certain data (Admin and Technical contact info). Collection is a critical step, in that if data is not collected, it cannot be released to accredited parties, no matter how good their justification is. As I understand it (and that could be wrong), this is an interesting step, in that it takes the issue out of the hands of data commissioners and into the courts, where presumably ICANN will be given an opportunity to explain why it believes that such collection is important. Although data commissioners have been reported to say that they have no legal basis to grant a delay, this is something that the courts can do pending resolution. Alan

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CONSUMER SUB-GROUP UPDATE
by Erika Mann May 30, 2018

May 30, 2018

Dear All - Sorry for the late submission. The attached version incorporates the discussion of 2nd F2F meeting in Brussels and further investigation of the reseller problematic. Apologies to my sub-group members for not having been able to consult with them. Thanks goes to Lisa for helping with the update! Thanks, Erika Erika Mann +32 498 121354

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Re: [RDS-WHOIS2-RT] Plenary #29 | 28 May | 15:00 UTC
by Jean-Baptiste Deroulez May 30, 2018

May 30, 2018

Dear Review Team Members, Please find attached an updated version of the slides deck for today’s plenary call. Kind regards, Jean-Baptiste From: RDS-WHOIS2-RT <rds-whois2-rt-bounces(a)icann.org> on behalf of Jean-Baptiste Deroulez <jean-baptiste.deroulez(a)icann.org> Date: Friday, May 25, 2018 at 8:35 PM To: Cathrin Bauer via RDS-WHOIS2-RT <rds-whois2-rt(a)icann.org> Subject: [RDS-WHOIS2-RT] Plenary #29 | 28 May | 15:00 UTC Dear Review Team Members, In preparation for your call #29 [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> scheduled for Monday 28 May 2018 – 15:00 – 16:30 UTC, please find below the meeting agenda: * Welcome, roll-call, SoI Updates * Short-Term Options to Adjust the Timeline for Specific Reviews * ICANN62 * Face-to-Face Meeting #3 – Brussels * Subgroups Status Update * A.O.B. * Confirm Decisions Reached and Action Items As per discussion on plenary call #28 and as no objections were raised, the plenary call start time has been moved to 15:00 UTC on Mondays. You should all have received dial-in details to join this call. If not, please contact us (off list) at rds-whois2-staff(a)icann.org<mailto:rds-whois2-staff@icann.org>. As always, let us know if you have any questions or concerns. Kind regards, Jean-Baptiste

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ICANN sues and Tucows counters
by Carlton Samuels May 30, 2018

May 30, 2018

So ICANN is not happy with what one registrar is doing to mitigate its risks per GDPR compliance. So it filed against this Tucows proprietary in a German court. Tucows counters and delivers a statement that goes to the heart of the Temporary Specification; it does not give them the comfort they feel is needed. Cannot now from the publicly-available information say the parties followed the ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws. But it appears that procedure now has a wooden stake to its heart. http://www.tucows.com/tucows-statement-on-icann-legal-action/ FWIW, I am already on record about the Conflicts procedure; wrong -headed and insidious. -Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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NYT: American News Outlets Response to GDPR
by Carlton Samuels May 30, 2018

May 30, 2018

Um, well, there is something to say about being risk-averse, especially if the 'conscious avoidance' doctrine will sink you. https://www.nytimes.com/2018/05/25/business/media/europe-privacy-gdpr-us.ht… ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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F2F Meeting in Brussels
by Alan Greenberg May 30, 2018

May 30, 2018

If your invitation to the F2F meeting is like mine, it is inviting me to a meeting in Munich, Germany. To be clear, we have not changed the venue. This is an error and hopefully will be corrected quickly. Alan

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