Public Comment
Initial Report of the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data Team – PHASE 2
Open Date
7 February 2020 23:59 UTC
Close Date
23 March 2020 23:59 UTC
Staff Report Due
6 April 2020 23:59 UTC
Brief Overview
Purpose: This Public Comment proceeding seeks to obtain input on the Initial Report of the Phase 2 EPDP on the Temporary Specification for gTLD Registration Data Team. The Phase 2 EPDP Team is tasked with evaluating a System for Standardized Access/Disclosure to non-public gTLD registration data ("SSAD").
Current Status: This Initial Report is being posted for Public Comment as foreseen in the EPDP Team's charter and EPDP Manual.
Next Steps: Following review of Public Comments submitted, the EPDP Team will integrate Public Comment submissions received as it works towards recommendations for inclusion in its Final Report.
Your Comment: The full text of your submission, including your comment, along with your name and email address, will be published in the Public Comment archive on ICANN org's website. Note: The publication of submissions may be delayed until after a mailing list moderator reviews the submission in order to reduce off-topic messages and unsolicited commercial advertisements. If you have any questions regarding public comment, please contact public-comment@icann.org.
Section I: Description and Explanation
The Initial Report outlines the core issues discussed in relation to the proposed System for Standardized Access/Disclosure to non-public gTLD registration data ("SSAD") and accompanying preliminary recommendations.
On 17 May 2018, the ICANN Board of Directors (ICANN Board) adopted the Temporary Specification for generic top-level domain (gTLD) Registration Data ("Temporary Specification"). The Temporary Specification provides modifications to existing requirements in the Registrar Accreditation and Registry Agreements in order to comply with the European Union's General Data Protection Regulation ("GDPR").1 In accordance with the ICANN Bylaws, the Temporary Specification will expire on 25 May 2019.
On 19 July 2018, the GNSO Council initiated an Expedited Policy Development Process (EPDP) and chartered the EPDP on the Temporary Specification for gTLD Registration Data team. In accordance with the Charter, EPDP team membership was expressly limited. However, all ICANN Stakeholder Groups, Constituencies and Supporting Organizations interested in participating are represented on the EPDP Team (see https://community.icann.org/x/kBdIBg).
This Initial Report concerns phase 2 of the EPDP Team's charter which covers: (i) discussion of a system for standardized access/disclosure to nonpublic registration data, (ii) issues noted in the Annex to the Temporary Specification for gTLD Registration Data ("Important Issues for Further Community Action"), and (iii) outstanding issues deferred from Phase 1, e.g., legal vs. natural persons, redaction of city field, et. al. For further details, please see here.
In order to organize its work, the EPDP Team agreed to divide its work into priority 1 and priority 2 topics. Priority 1 consists of the SSAD and all directly related questions. Priority 2 includes the topics listed on page 7 of the Initial Report. As a result of external dependencies and time constraints, this Initial Report does not include priority 2 items. Once addressed, these are expected to be published in a separate Initial Report.
The EPDP Team will not finalize its responses to the charter questions and recommendations to the GNSO Council until it has conducted a thorough review of the comments received during the Public Comment period on this Initial Report. At this time, no formal consensus call has been taken on these responses and preliminary recommendations, but this Initial Report did receive the support of the EPDP Team for publication for Public Comment.2 Where applicable, the Initial Report indicates where positions within the Team differ.
Notwithstanding the above, the EPDP Team is putting forward preliminary recommendations on the following topics for community consideration (see chapter 3 of the Initial Report for full text of recommendations):
Preliminary Recommendation #1. Accreditation
Preliminary Recommendation #2. Accreditation of governmental entities
Preliminary Recommendation #3. Criteria and Content of Requests
Preliminary Recommendation #4. Third Party Purposes/Justifications
Preliminary Recommendation #5. Acknowledgement of receipt
Preliminary Recommendation #6. Contracted Party Authorization
Preliminary Recommendation #7. Authorization for automated disclosure requests
Preliminary Recommendation #8. Response Requirements
Preliminary Recommendation #9. Determining Variable SLAs for response times for SSAD
Preliminary Recommendation #10. Acceptable Use Policy
Preliminary Recommendation #11. Disclosure Requirement
Preliminary Recommendation #12. Query Policy
Preliminary Recommendation #13. Terms of use
Preliminary Recommendation #14. Retention and Destruction of Data
Preliminary Recommendation #15. Financial Sustainability
Preliminary Recommendation #16. Automation
Preliminary Recommendation #17. Logging
Preliminary Recommendation #18. Audits
Preliminary Recommendation #19. Mechanism for the evolution of SSAD
Following the publication of this Report, the EPDP Team will: (i) continue to seek guidance on legal issues from the European Data Protection Board and others, (ii) carefully review Public Comments received in response to this publication, (iii) continue to review the work-in-progress with the community groups the Team members represent, and (iv) carry on deliberations for the production of a Final Report that will be reviewed by the GNSO Council and, if approved, forwarded to the ICANN Board of Directors for approval as an ICANN Consensus Policy.
To provide your input, please complete the following form which is intended to facilitate your input by focusing on those aspects that the EPDP Team is looking for particular input on, as well as subsequent review by the EPDP Team: https://forms.gle/p6QsdHR86cZXRDbt9. To facilitate off-line work, or for those who may not have access to the form, you can download an off-line version of the form here: https://gnso.icann.org/en/issues/epdp-phase-2-initial-public-comment-input-form-07feb20-en.pdf. Please note that similar to other Public Comment proceedings, all responses will be made public.
Community input will be carefully reviewed and used to support development of final responses to charter questions, as well as recommendations and implementation guidance in the form of a Final Report that is to be submitted to the GNSO for their consideration. Following approval of the proposal(s) by the GNSO, it will be submitted to the ICANN Board for its consideration.
Please note that due to the overall timeline by which the EPDP Team is constrained, it will not be possible to extend the closing date of the Public Comment forum.
1 The GDPR can be found at https://eur-lex.europa.eu/eli/reg/2016/679/oj; for information on the GDPR see, https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/contract/.
2 Following a review of Public Comments, the EPDP Team will take a formal consensus call before producing its Final Report.
Section II: Background
The Initial Report outlines the core issues discussed and accompanying preliminary recommendations.
On 17 May 2018, the ICANN Board of Directors (ICANN Board) adopted the Temporary Specification for generic top-level domain (gTLD) Registration Data ("Temporary Specification"). The Temporary Specification provides modifications to existing requirements in the Registrar Accreditation and Registry Agreements in order to comply with the European Union's General Data Protection Regulation ("GDPR").3 In accordance with the ICANN Bylaws, the Temporary Specification will expire on 25 May 2019.
On 19 July 2018, the GNSO Council initiated an Expedited Policy Development Process (EPDP) and chartered the EPDP on the Temporary Specification for gTLD Registration Data team. In accordance with the Charter, EPDP team membership was expressly limited. However, all ICANN Stakeholder Groups, Constituencies and Supporting Organizations interested in participating are represented on the EPDP Team.
During Phase 1 of its work, the EPDP Team was tasked to determine if the Temporary Specification for gTLD Registration Data should become an ICANN Consensus Policy as is, or with modifications. This Initial Report concerns phase 2 of the EPDP Team's charter which covers: (i) discussion of a system for standardized access/disclosure to nonpublic registration data, (ii) issues noted in the Annex to the Temporary Specification for gTLD Registration Data ("Important Issues for Further Community Action"), and (iii) outstanding issues deferred from Phase 1, e.g., legal vs. natural persons, redaction of city field, et. al. For further details, please see here.
As a result of external dependencies and time constraints, this Initial Report does not include priority 2 items. Priority 2 items are detailed on pp. 7 of this Initial Report. Once addressed, these are expected to be published in a separate Initial Report.
3 The GDPR can be found at https://eur-lex.europa.eu/eli/reg/2016/679/oj; for information on the GDPR see, https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/contract/.
Comments Closed
Report of Public Comments