GAC Input on the EPDP Initial Report 5 December 2018 GAC Webinar - PowerPoint PPT Presentation

GAC Input on the EPDP Initial Report 5 December 2018 GAC Webinar

Agenda 1. Why GAC Input on the EPDP Initial Report is Important 2. Background on the EPDP Initial Report 3. Process and Timeline for Timely GAC Input 4. Walkthrough of Preliminary Draft GAC Input 5. Q&A | 2

Importance of GAC Input

Importance of GAC Input to the EPDP ● To date, efforts to bring WHOIS into compliance with the EU GDPR has delivered a fragmented system that adversely affects public policy interests (in particular legitimate access to gTLD Registration Data, as highlighted in the Barcelona Communiqué) ● The Expedited Policy Development Process (EPDP) is the only formal ICANN multi-stakeholder Policy Development Process currently tasked with developing binding Policy to replace this fragmented landscape within a very narrow window of time (Final Recommendations expected by February 2019) ● The GAC has consistently sought, through public comments and advice to the ICANN Board, a comprehensive compliance model that balances data protection with other legitimate interests, model which the EPDP will likely influence (e.g. through purposes for data processing, requirements around data redaction, retention and access, etc.) ● From a GAC perspective, there are currently a limited set of specific areas that require attention or additional work by the EPDP (to be discussed in this Webinar) ● While the GAC is represented in the EPDP Team, its influence on the outcome is structurally limited due to the balance of all interests represented (3 of 25 seats). However, defined GAC positions that can be clearly articulated and defended by GAC representative in the EPDP can ultimately help drive multi-stakeholder consensus that is compatible with GAC objectives . | 4

Background on EPDP Initial Report

Background on EPDP: Mission and Scope For more information, see: ICANN’s Temporary Specification for gTLD Registration Data (17 May 2018) and the EPDP Charter (19 July 2018) | 6

Background on EPDP: Team Composition | 7

Background on EPDP: Timeline | 8

Background on EPDP: Initial Report | 9

Background on EPDP: Questions | 10

Providing Timely GAC Input

Providing Timely GAC Input Tue. 27 Nov Outline of areas of interest for GAC Input (email from GAC Chair) Tue. 4 Dec. Release of Preliminary Draft GAC Input (by the GAC Small Group) Wed. 5 Dec. GAC Webinar Fri. 7 Dec. Deadline: GAC Members to raise new issues not identified in Preliminary Draft (including language for discussion by GAC Small Group) Wed. 12 Dec. Deadline: GAC Members to provide comments and edits on Preliminary Draft Fri. 14 Dec. Release of Proposed Final Draft GAC Input to GAC mailing list for review Wed. 19 Dec. Deadline: GAC Members to comment on Final Draft GAC Input Fri. 21 Dec. Publication of GAC Comment (Deadline set by EPDP Team, no extension possible) | 12

Preliminary Draft GAC Input (Walkthrough)

Note on Format of GAC Input ● EPDP expects public comments to be provided through a structured and extensive online questionnaire (37 pages, 147 items). An offline version is also available. ● Draft GAC Input is simplified and focussed on specific areas of interest (while still intentionally structured) ● The GAC Support Team will translate the GAC Input into the expected form, but the GAC may still wish to publish its Input in its simplified form for increased readability by the ICANN Community ● For ease of reference and consistency, the Preliminary Draft GAC Input includes notes to GAC Members and relevant extracts from previous GAC Input and GAC Advice. These are not meant to be part of the Final GAC Input and should only serve to facilitate the formulation of GAC Input. Their removal would significantly shorten the document. ● For reference, the GAC previously provided input through: ○ GAC Principles Regarding gTLD WHOIS Services (28 March 2007) ○ GAC Abu Dhabi Communiqué (1 November 2017) ○ GAC Feedback on Proposed Interim Models (28 January 2018) ○ GAC Feedback on Proposed Interim Model for GDPR Compliance (8 March 2018) ○ GAC San Juan Communiqué (15 March 2018) ○ GAC Panama Communiqué (28 June 2018) ○ GAC Early Input to EPDP (5 September 2018) ○ GAC Initial Comments on the Draft Framework for a Possible UAM (16 October 2018) ○ GAC Barcelona Communiqué (25 October 2018) | 14

7 Specific Areas Identified for GAC Comment 1. Proposed Purposes for processing of WHOIS Data 2. Accuracy of Registration Data 3. Requirements for collection and redaction or anonymization of certain gTLD Registration data elements 4. Data Retention Period 5. Requirements that contracted parties differentiate between registrants on a geographic basis 6. Publication of WHOIS Data related to legal person 7. Requirement for “Reasonable Access” to non-public data Various comments on other sections of the report | 15

Q&A