ICANN Comments to EDPB and content regulation
Stephanie E Perrin
stephanie at DIGITALDISCRETION.CA
Sun Feb 28 11:49:40 EET 2021
I will volunteer to draft this thing. Fair warning though, I think we
have to comment on the fact that every time we make a concession on
something and compromise, at the next stage of the game, the other side
re-litigates old issues. There are also a number of hardy perennials in
the EPDP combat zone that just keep coming back despite the agreed
policy.....such as the fact that we are aiming for a harmonized policy,
not just compliance with GDPR in regions where it's application is
incontestable. A question of bargaining in good faith, one might say,
continues to haunt this work.
All help gratefully received.
Stephanie Perrin
On 2021-02-28 3:45 a.m., Tomslin Samme-Nlar wrote:
> Thank you Bruna. Nice work!
>
> In a similar vein and more on SSAD, I would like to remind members
> that there is an open Public Comment proceeding seeking input on the
> final recommendations that relate to SSAD which closes in 30 days. We
> still do not have any volunteers to draft the comment.
>
> The announcement is here >>
> https://www.icann.org/public-comments/epdp-2-policy-recs-board-2021-02-08-en
> <https://www.icann.org/public-comments/epdp-2-policy-recs-board-2021-02-08-en>
> And the draft comment is here >>
> https://docs.google.com/document/d/1QAUa2nT2a9YGGhK0r603EJCXfa58elXd9kPh3DH0DrU/edit?usp=sharing
> <https://docs.google.com/document/d/1QAUa2nT2a9YGGhK0r603EJCXfa58elXd9kPh3DH0DrU/edit?usp=sharing>
>
> Regards,
> Tomslin
>
>
>
> On Fri, 26 Feb 2021 at 07:28, Bruna Martins dos Santos
> <bruna.mrtns at gmail.com <mailto:bruna.mrtns at gmail.com>> wrote:
>
> Dear all,
>
> Hope this email finds you all well and safe!
>
> I'm writing to let you know that I have just received a response
> from the ICANN CEO to our communication re. SSAD.
>
> Best regards,
> Bruna
>
> On Tue, Jan 12, 2021 at 11:02 PM Kristi Hoffmaster
> <kristi.hoffmaster at gmail.com <mailto:kristi.hoffmaster at gmail.com>>
> wrote:
>
> +1
>
> Thank you!
>
> Please include this - crucial:
>
>
> 1. Could you please clarify in what ways the SSAD could be
> instrumental for stopping and preventing the dissemination of
> illegal content and in order to avoid related societal harms ?
>
> On Tue, Jan 12, 2021 at 6:11 PM Poncelet Jokkolabs Banjul
> <pileleji at jokkolabs.co <mailto:pileleji at jokkolabs.co>> wrote:
>
> +1
>
> On Tuesday, January 12, 2021, Bruna Martins dos Santos
> <bruna.mrtns at gmail.com <mailto:bruna.mrtns at gmail.com>> wrote:
>
> Hello all,
>
> First of all, thank you very much for the comments on
> this thread. As suggested, I took the liberty of
> taking Sam's comments and shaping into a letter to the
> ICANN Board and CEO on this topic.
>
> The darft can be found here -
> https://docs.google.com/document/d/1Mmax62EkxSRgr8AMi8jqnNXlP36cjRdfqFy6gYrmnPY/edit
> <https://docs.google.com/document/d/1Mmax62EkxSRgr8AMi8jqnNXlP36cjRdfqFy6gYrmnPY/edit>
> - and I would like to invite you all to add your
> comments and suggestions to it.
>
> Considering this letter is about a communication
> issued by ICANN Org to the EPDB in December, I would
> say it's good for us to send it maybe next week. But,
> as usual, I would like to hear your thoughts on the
> matter as well.
>
> Best,
> Bruna
>
>
>
> On Fri, Jan 8, 2021 at 7:56 PM Sam Lanfranco
> <lanfran at yorku.ca <mailto:lanfran at yorku.ca>> wrote:
>
> Milton, the comments are in the public domain and
> the NCSG is free to use them as they see fit.
> Thanks for the support.
>
> Sam
>
> *From:* Mueller, Milton L <milton at gatech.edu
> <mailto:milton at gatech.edu>>
> *Sent:* Friday, January 8, 2021 3:51 PM
> *To:* Sam Lanfranco <lanfran at yorku.ca
> <mailto:lanfran at yorku.ca>>;
> NCSG-DISCUSS at LISTSERV.SYR.EDU
> <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject:* RE: ICANN Comments to EDPB and content
> regulation
>
> This is a great comment, Sam, why don’t NCSG
> officers just copy and paste them into an emailed
> letter to the CEO and Board?
>
> *From:* NCSG-Discuss
> <NCSG-DISCUSS at LISTSERV.SYR.EDU
> <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>> *On Behalf
> Of *Sam Lanfranco
> *Sent:* Friday, January 8, 2021 2:22 PM
> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
> <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject:* Re: ICANN Comments to EDPB and content
> regulation
>
> As I understand the “*/ICANN org Comments on the
> Recommendations 01/2020 on Measures That
> Supplement Transfer Tools to Ensure Compliance
> With the EU Level of Protection of Personal
> Data/*”, they deal primarily with the transfer of
> data between regulatory jurisdictions and the
> processes necessary to meet a strict
> interpretation of the GDPR’s international data
> transfer requirements.
>
> This has absolutely nothing to do with “…/stopping
> and preventing the dissemination of illegal
> content and in order to avoid related societal
> harms/.” (*/Comments: p. 2/*) except in so far as
> legitimate requests by legal authorities may be
> related to investigations around such matters.
> Given that such matters reside outside ICANN’s
> remit, ICANN org should be asked to expunge the
> phrase from its position on transfer tool
> compliance with the EU’s personal data protections.
>
> Secondly, I have a couple of questions in areas
> that are not clear to me. The */Comments/* say
> that the proposed SSAD model would introduce /“…a
> centralized process for managing access requests
> and placing ICANN org in the middle of this
> process/.” They go on to say “/ICANN org or its
> designee(s) would manage a system for the intake
> of requests for data and would route these
> requests to the registrar or registry operator for
> a response/.”
>
> It is not clear if, in one way or another, ICANN
> would be the central clearing house for dealing
> with such requests, and it is not clear to whom
> “/designee(s/)” refers to. My question is whether
> an ICANN-centric clearing house is the proper
> solution here, or whether a less centralized
> multilateral agreed upon set of principles (and
> processes) would better serve the intended
> objectives? Also, any transfer involves at least
> two national jurisdictions, so a rogue recipient
> state’s behavior could be blocked by a sending
> state in compliance with agreed principles and
> processes.
>
> Lastly, is there an issue of who decides whether
> an inter-state request is legitimate?
>
> Sam Lanfranco
>
> *From:* NCSG-Discuss
> <NCSG-DISCUSS at LISTSERV.SYR.EDU
> <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>> *On Behalf
> Of *Stephanie Perrin
> *Sent:* Friday, January 8, 2021 10:33 AM
> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
> <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject:* Re: ICANN Comments to EDPB and content
> regulation
>
> Thanks for raising this Farzi, i will confess that
> i was goofing off at Christmas and totally missed
> this letter. I will raise it at the next EPDP
> meeting, and I think this ought to be raised at
> Council as well. I should have raised it at the
> meeting yesterday of the small team looking at the
> other SSAD response (letter from the Board) even
> if it is a mite off topic there....this is a real
> howler.
>
> Thanks again!
>
> Stephanie Perrin
>
> Sent from my iPhone
>
> On Jan 7, 2021, at 21:03, Raphael
> Beauregard-Lacroix
> <rbeauregardlacroix at gmail.com
> <mailto:rbeauregardlacroix at gmail.com>> wrote:
>
>
>
> Thank you Farzaneh and Bruna. Could easily
> have flown under the radar and forgotten after
> Christmas. This is certainly an important
> matter. Looks typical in its language: putting
> various kinds of processing as matters of
> "necessity" without looking into purpose and
> context of such processing. ICANN is no
> "surveillance capitalist," but precisely if it
> sticks to its narrow mandate and to
> appropriately, narrowly designed processing,
> it will also steer clear of any form of
> trouble with (most) DPAs and their related
> statutes. Now, if it starts giving in to
> pressures by certain interests to stop the
> "social harm" of fake gucci bags (hmm...),
> well, we get that kind of letter, I suppose.
>
> I'd be happy to help on the matter.
>
> Have a nice day!
>
> On Tue, Jan 5, 2021 at 10:27 AM Bruna Martins
> dos Santos <bruna.mrtns at gmail.com
> <mailto:bruna.mrtns at gmail.com>> wrote:
>
> Thank you so much for raising this here
> Farz. I will definitely mention this
> topic when I have my next interaction with
> Goran.
>
> About the Content Moderation part, I agree
> with you that this topic might be
> absolutely out of the scope of the SSAD
> and ICANN as well. And this has been a
> point this community has raised before -
> more than just once and about Whois and
> CoMo. I also happen to agree that the
> definitions of Illegal content and content
> related to societal harm are rather open
> and problematic for the SSAD - or for many
> other discussions as well.
>
> Should we work on a letter - to the Board,
> the EPDB or both - reviving our arguments
> about Whois and Content moderation and
> send it once again ? Are there any
> volunteers who would like help me with this ?
>
> Best,
> Bruna
>
> On Tue, Jan 5, 2021 at 12:00 PM farzaneh
> badii <farzaneh.badii at gmail.com
> <mailto:farzaneh.badii at gmail.com>> wrote:
>
> Hello all,
>
> In my spare time, I got to read
> ICANN's letter dated 21 December 2020
> to EDPB about compliance with GDPR.
>
> https://www.icann.org/en/system/files/files/icann-org-comments-edpb-recs-21dec20-en.pdf
> <https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.icann.org%2Fen%2Fsystem%2Ffiles%2Ffiles%2Ficann-org-comments-edpb-recs-21dec20-en.pdf&data=04%7C01%7Cmilton%40GATECH.EDU%7C120fb15e918b4593cbcd08d8b40ab7f4%7C482198bbae7b4b258b7a6d7f32faa083%7C0%7C0%7C637457305705415204%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=OYD%2F%2FPaI8UbF69q4aee3gMjUtVvIxcLENBr%2Fzsp%2F%2BRQ%3D&reserved=0>
>
> There was one alarming issue raised in
> this letter, and since the Internet
> community has been mentioned, I think
> we should at least ask Bruna to raise
> it with the CEO next time she talks to
> him. I know we haven't drafted other
> important comments but I haven't
> followed EPDP so will leave that to
> the members.
>
> P.2: "The SSAD is therefore
> instrumental for stopping and
> preventing the
>
> */dissemination of illegal content and
> in order to avoid related societal
> harm/*s". This is alarming because the
> SSAD is serving ICANN's mission which
> has nothing to do with the regulation
> of illegal content and that is outside
> of its mission. I don't know what they
> mean by societal harm. We have many
> times told ICANN not to be careless
> when it comes to the limited function
> of WHOIS and relate it to content
> regulation. They said they wouldn't.
> But here they are definitely going
> into those territories.
>
> There are other matters in the letter
> as well but I haven't had the time to
> read closely, for example they are
> talking about "thick WHOIS" not
> happening because of the strict
> international transfer. I am not sure
> where epdp is at with discussing thick
> whois. Can we even have it in place?
>
> Best
>
> Farzaneh
>
>
> --
>
> */Bruna Martins dos Santos /*
>
> Skype ID: bruna.martinsantos
>
> @boomartins
>
>
>
> --
> */Bruna Martins dos Santos /*
>
> Skype ID: bruna.martinsantos
> @boomartins
>
>
>
> --
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> *
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>
> Kristi Hoffmaster
> Webmaster - SPX Corporation
Owner - Shop Hoffmaster
>
> Day mobile (980) 215-3296
Mobile (864) 237-1766
>
>
>
> --
> */Bruna Martins dos Santos
> /*
>
> Advocacy Coordinator | Data Privacy Brazil Research
> <https://www.dataprivacybr.org/en/>
>
> Member | Coalizão Direitos na Rede <https://direitosnarede.org.br/>
> Chair | Non-Commercial Stakeholder Group at ICANN
> <https://gnso.icann.org/en/about/stakeholders-constituencies/ncsg>
> Co-Coordinator | Internet Governance Caucus <https://igcaucus.org/>
>
> Twitter: @boomartins <https://twitter.com/boomartins> // Skype:
> bruna.martinsantos
> bruna at dataprivacybr.org <mailto:bruna at dataprivacybr.org> and
> bruna.mrtns at gmail.com <mailto:bruna.mrtns at gmail.com>
>
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