[NCSG-PC] Fwd: [gnso-chairs] [CORRESPONDENCE] Tripti Sinha to Greg DiBiase - Urgent Requests

[farzaneh badii]

I like Rafik's approach.

Process-wise, I totally agree with Rafik that this was  not a great idea.
Substantively, I am very happy with the letter. Urgent requests have all
sorts of implications for data subjects rights and look at this wording in
the letter. I have rarely seen the Board talk about data subjects rights in
this way:
"E*ven **where not required by law or regulation, authentication will often
be appropriate under*

*globally accepted principles of fair information processing to protect the
rights andfreedoms of data subjects*."

Rights and freedoms of data subjects! Music to my ear! One step towards
rights respecting Board responses. I think we should also pat ourselves on
the shoulder a bit. We insisted that this recommendation will have
implications for the registrants rights and freedoms every chance we got
with the board.

Anyway, yes process wise we should follow whatever Rafik is suggesting.



Farzaneh


On Wed, Jun 5, 2024 at 9:55 PM Rafik Dammak <rafik.dammak at gmail.com> wrote:

> Hi Tomslin,
>
> This is uncharted territory as the expression says and unfortunately it
> might open for more ad-hoc approaches to revisit policy recommendations.
> one point is to agree that we shouldn't just focus on fixing a single
> issue but have more deep discussion on how to set up proper processes to
> deal with such a situation and create safeguards against
> reopening recommendations at every possible occasion during the lifecycle.
> I would think that supposed steps like ODP or policy impact assessment
> reviews could have helped at an earlier stage.  Something to bring later if
> we talk about the effectiveness of PDP.
>
> I would suggest first by being strongly against any small group or
> council-board negotiation as it happened in other cases.  One idea to
> explore or for brainstorming: can we initiate a quite limited scope EPDP
> i.e. only working on recommendation 18 be the answer as we can assume that
> all deliberations in previous EPDP and in IRT as indication that we don't
> need an issue report? that will be a proper setup, following the usual
> known process and flow and with proper representation. I can see the
> objections now that we need quick response etc, but setting EPDP for one
> single question, for one recommendation shouldn't take a long time and we
> won't sacrifice due process on the altar of supposed efficiency.
>
> Best,
>
> Rafik
>
> Le mer. 5 juin 2024 à 21:50, Tomslin Samme-Nlar <mesumbeslin at gmail.com> a
> écrit :
>
>> Dear members,
>>
>> Please see attached a letter from the board to the council regarding
>> registration data urgent requests. The gist is that the Board believes that
>> the Board adopted Recommendation 18 of Expedited Policy Development Process
>> (EPDP) Phase 1 adopted which relates to urgent requests for unpublished
>> registrant data in the context of situations that pose an imminent threat
>> to life, serious bodily harm, infrastructure, or child exploitation is not
>> fit for purpose and wants it to be revisited. The reasons are listed in the
>> letter, please read it.
>>
>> The Board notes that neither the Bylaws nor existing procedures account
>> for this situation where the Board concludes that a policy recommendation
>> that it has previously approved should be revisited prior to
>> implementation. So, they would like to get ideas from the council on how to
>> approach the matter. We will appreciate it if you have any
>> comments/suggestions which councillors can take to the meeting next week.
>>
>> Warmly,
>> Tomslin
>>
>>
>>
>> ---------- Forwarded message ---------
>> From: Wendy Profit via Gnso-chairs <gnso-chairs at icann.org>
>> Date: Mon, 3 Jun 2024 at 22:34
>> Subject: [gnso-chairs] [CORRESPONDENCE] Tripti Sinha to Greg DiBiase -
>> Urgent Requests
>> To: gnso-chairs at icann.org <gnso-chairs at icann.org>, dibiase at amazon.com <
>> dibiase at amazon.com>, gnso-secs at icann.org <gnso-secs at icann.org>
>> Cc: Tripti Sinha <tripti.sinha at board.icann.org>, Correspondence <
>> Correspondence at icann.org>, Secretary <secretary at icann.org>, Board Ops
>> Team <board-ops-team at icann.org>
>>
>>
>> Dear Greg DiBiase,
>>
>>
>>
>> Please find the attached letter from Tripti Sinha regarding EPDP Phase 1
>> Recommendation 18 as it relates to urgent requests.
>>
>>
>>
>> Thank you and best regards,
>>
>>
>>
>> Wendy Profit
>>
>> Board Operations Senior Manager
>>
>> ICANN
>>
>>
>>
>>
>>
>>
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