[NCSG-PC] Fwd: Re: ICANN58 Data Protection Session Planning

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Wed Feb 15 06:23:05 EET 2017


What happened is this:

  * GAC was asked to sponsor, never got it done
  * GNSO was asked to sponsor, proposed instead to replace a lapsed HIT
    with this panel
  * Invitations went out for the opening day of the conference (they had
    to, these are busy guys)
  * IPC weighed in demanding balanced HIT style panels (Victoria
    sheckler their person on this)
  * Side meetings have apparently been arranged
  * only guy available for our meeting on Wednesday is UN Special
    Rapporteur for privacy (grateful for this, this is a big deal and I
    am trying to get his latest book read prior to the event

Last version I saw of the schedule we did not have a session.  You were 
checking on that.  Chuck Gomes was asking for time for the PDP on RDS 
but Monday is only day, he is trying for 8 am breakfast meeting.

cheers Steph



On 2017-02-14 23:09, farzaneh badii wrote:
> Hi Stephanie,
>
> Can you clarify something for me? Is this the Cross- Community 
> Discussion with Data Protection Commissioners?
>
> If so, didn't we also submit a session request ( NCSG request)? Did 
> that turn into the above session? Where did this session come from and 
> where is NCSG session?
>
>
> Farzaneh
>
> On Tue, Feb 14, 2017 at 10:43 PM, Stephanie Perrin 
> <stephanie.perrin at mail.utoronto.ca 
> <mailto:stephanie.perrin at mail.utoronto.ca>> wrote:
>
>     I am biting my tongue on this.  As some of you heard, I raised
>     this with Goran.  I am tempted to just slide it along to him. 
>     With of course a mention of how the GAC and ICANN staff sat on
>     this from Hyderabad until mid January.
>
>     Suggestions welcome.  Pissed off, am I.
>
>     Steph
>
>
>
>     -------- Forwarded Message --------
>     Subject: 	Re: ICANN58 Data Protection Session Planning
>     Date: 	Tue, 14 Feb 2017 21:52:54 -0500
>     From: 	Greg Shatan <gregshatanipc at gmail.com>
>     <mailto:gregshatanipc at gmail.com>
>     To: 	KIMPIAN Peter <Peter.KIMPIAN at coe.int>
>     <mailto:Peter.KIMPIAN at coe.int>
>     CC: 	Victoria Sheckler <vsheckler at riaa.com>
>     <mailto:vsheckler at riaa.com>, James M. Bladel <jbladel at godaddy.com>
>     <mailto:jbladel at godaddy.com>, kathy at kathykleiman.com
>     <mailto:kathy at kathykleiman.com> <kathy at kathykleiman.com>
>     <mailto:kathy at kathykleiman.com>, donna.austin at neustar.biz
>     <mailto:donna.austin at neustar.biz> <donna.austin at neustar.biz>
>     <mailto:donna.austin at neustar.biz>, heather.forrest at acu.edu.au
>     <mailto:heather.forrest at acu.edu.au> <heather.forrest at acu.edu.au>
>     <mailto:heather.forrest at acu.edu.au>, Stephanie Perrin
>     <stephanie.perrin at mail.utoronto.ca>
>     <mailto:stephanie.perrin at mail.utoronto.ca>, KWASNY Sophie
>     <Sophie.KWASNY at coe.int> <mailto:Sophie.KWASNY at coe.int>, Wilson,
>     Christopher <cwilson at 21cf.com> <mailto:cwilson at 21cf.com>, Tony
>     Holmes <tonyarholmes at btinternet.com>
>     <mailto:tonyarholmes at btinternet.com>
>
>
>
>     All,
>
>     /First, apologies for the length of this message and a tone that
>     is more strident than I intend it to be. Another pass through this
>     email could smooth the rough edges, but it is 2:45 am in Reykjavik
>     and I have a 7:15 breakfast meeting, so my capacity is exhausted
>     (and so am I). Please read this with a friendly, collegial tone in
>     mind and indulge me  where I have failed to have the tone of the
>     text match my desire to be a good working partner (and to
>     "disagree without being disagreeable") even where our perspectives
>     may differ.  (As partial explanation, my sport of choice in my
>     youth was rugby ("a ruffian's game played by gentlemen"), while
>     fencing probably would have been more apropos....)/
>
>     I am quite concerned with where we are in this discussion.  There
>     are either some substantial misunderstandings about what this
>     session, as a "High Interest Topic", is supposed to be -- or there
>     is an apparent intent to exclude perspectives that will keep this
>     from being a celebration of data protection principles.  I hope
>     it's the former, but even that is unfortunate.
>
>     Perhaps the root of the problem is combining the original idea for
>     a CoE-organized presentation with the High Interest Topic (HIT)
>     concept -- or perhaps that just highlighted the inherent problem
>     with the session. HIT doesn't just refer to a level of interest --
>     it's supposed to be a community-generated proposal that is then
>     planned and presented with multistakeholder participation (and
>     _not_ merely by the proposing organization).  One of the problems
>     we had with the last round of HITs was a proposal for a HIT
>     session to be planned and presented by a single part of the
>     community, largely consisting of a presentation by one of its
>     members and only minor roles for any sector not sympathetic to the
>     views of this member and community group.  This was inconsistent
>     with the idea that the proposing organization does not control the
>     content of a HIT session.  Fortunately, the original planners
>     agreed to to expand to a more diverse planning team, with the
>     result being a more diverse panel and a very lively and
>     well-received session.  When community leaders got on the phone to
>     consider this round of HITs, we wanted to avoid a replay of this
>     situation (although it ended well enough).
>
>     When this data protection session was brought to the community
>     leaders group as a late suggestion for one of the HIT slots, I was
>     concerned we might be heading for a replay, so the IPC specified
>     that one of our members (Vicky) should be added to the planning
>     group (knowing that at least one other constituency shared very
>     similar concerns). Unlike the last time, where we were able to get
>     a hand on the tiller and help turn the ship, I've found our
>     attempts to be largely rebuffed.  This has been increasingly
>     frustrating.
>
>     I'd like to respond to some of the specific statements on this
>     thread since I last had an opportunity to respond:
>
>     Vicky wrote:
>     I don’t see here (but I am also sleep deprived) which panelist
>     will represent public safety / transparency / enforcement concerns.
>
>>     ​Peter responded:
>     Uuhhh, if you are in US it is quite early for you…in my sense
>     usually the governments are responsible and accountable for the
>     issues you mentioned, therefore it seemed to me logical that those
>     issues will be taken care by a representative of the GAC. Besides
>     that, the PSWG is a sub-group of the GAC which is deliberately
>     discussing those issues you mentioned…
>
>     ​Greg: This misses the point of Vicky's question​ and perhaps
>     misses a fundamental point about ICANN -- that it is a
>     multistakeholder organization and /not/ a multilateral
>     organization.  Governments are not the only ones concerned with
>     investigation and enforcement -- there are also significant parts
>     of the private sector deeply engaged in investigation and
>     enforcement (and not to put too fine a point on it, but IPC (my
>     group and Vicky's group) represents one of those parts of the
>     private sector).  As such, at least one voice from these parts of
>     the private sector should be present on the panel.  Even within
>     governments, there are parts that deal with public safety and
>     enforcement.  The idea that a representative of the GAC will
>     provide this perspective seems mistaken.  As fine a chair as the
>     GAC chair is, I don't believe this is his perspective, and the
>     suggestion this would be within his brief seemed based more on
>     protocol than practicality.  As revealed in this thread, Ms.
>     Bauer-Bulst is the co-chair of the PSWG, so would be more on point
>     for this perspective (though apparently she is not sufficiently
>     august to appear on the panel, even if she is a Deputy Head of
>     Unit, and not merely a Team Leader as was stated earlier in this
>     exchange).
>
>     ​​Peter replied to James Bladel in red below:
>>
>
>         Thanks, Peter. Looks like I did miss this at some point, so
>         please accept my apologies for the confusion.
>
>         Generally, I"m ok with this, but a few thoughts:
>
>         * I'm not sure what "sponsored" by the GNSO means in this
>         context.  Maybe we could say something like "convened" or
>         "supported" jointly by the GNSO & GAC?àthis expression was
>         used by ICANN staff but I can only agree that those you
>         suggested are much better.
>
>
>     ​Greg: From my point of view, this support is predicated on the
>     panel representing multiple perspectives.​
>
>>
>         * I think we need to keep the number panelists to an absolute
>         minimum.àI agree. 3+3 should be the maximum (!).  If we strive
>         to represent all seven GNSO SG/Cs, plus GAC, plus COE/DPAs,
>         then this session runs the risk of becoming "Death by
>         PowerPoint" and dosn't leave much time for Q&A.  To that end,
>         I will let Graeme know that we are looking for a RrSG
>         panelist, but would encourage them to reach out to Jim Galvin
>         and see if he is comfortable representing industry generally.
>         Or if we need another CPH person that can wear both
>         "hats."ànot necessarily as Jim could represent it quite well,
>         I am sure. (Being said that we would have preferred more focus
>         on the industry itself and to the different players as they
>         are the first level data controllers. All NCPH and GAC related
>         groups are secondary only) But if the internal dynamic of GNSO
>         is as such, be it, but in this case we suggest Becky Burr to
>         be on the panel (and not being moderator).
>
>
>     Greg: ​ICANN and the GNSO are not merely about "the industry." If
>     you wanted an industry facing program or a dialogue only with "the
>     industry", the appropriate place for that would be the GDD (Global
>     Domains Division) Summit.​  As the President of an "NCPH related
>     group" I can assure you that our concerns about data protection
>     and privacy are not "secondary" -- at least not to us and our
>     stakeholder community. This further shows the problem of
>     "perspectives" as this panel is being planned.
>
>         * Similarly, I think the NCPH should strive for ~2 panelists. 
>         Again, I apologize if the discussions were already headed in
>         this direction, as I have lost track of the names proposed in
>         this thread.àI really think that if CPH has one panellist NCPH
>         should also has to have 1 only because of the arguments
>         expressed above.
>
>     ​Greg: Peter, you may not know it (or perhaps you may) but the
>     NCPH is an umbrella over two parts of the GNSO -- the Commercial
>     Stakeholder Group and the Non-Commercial Stakeholder Group.  There
>     is no valid way that a single panelist could provide the sharply
>     different perspectives of these two stakeholder groups.  Even
>     having a single panelist representative the different perspectives
>     of IP stakeholders, ISPs and Connectivity Providers, and ​the
>     business user community is a stretch (which hopefully would be
>     mitigated by Q&A).  I would say that if only panelist came from
>     the NCPH, they should come from the CSG, as we would offer a more
>     distinguishable perspective, but frankly that would be unfair to
>     the Non-Commercial side of the house (which itself includes a
>     range of viewpoints), and I don't want to be unfair to the NCSG
>     and its constituencies either.
>
>         àTherefore our suggestion for the panel: Becky Burr, Thomas
>         Schneider, Jim Galvin
>
>
>     Greg: ​This neatly includes the contracted parties (Registries and
>     Registrars) and excluded the commercial private sector represented
>     in the NCPH.  This is not acceptable.  (Which is why James, as
>     Chair of the GNSO, wisely suggested 2 panelists from the NCPH.)​
>
>     This description was provided by Peter:
>
>         A community-wide event will be organised on 13 March 2017
>         under the form of a High Interest Topic “sponsored” by the
>         Generic Names Supporting Organization (GNSO) Council (and
>         possibly by the Governmental Advisory Committee (GAC) as well)
>         which will enable the participation of interested ICANN
>         communities.
>
>
>     Greg: ​We are an interested ICANN community and we have been
>     seeking to participate and/or to have participation from the
>     enforcement/cybercrime/infringement side of the roster.  So far
>     with no success.
>>
>         The session could be jointly opened by the CEO of ICANN Board
>         and the Director of Information Society and Action against
>         Crime of the Council of Europe. During the session the United
>         Nations’ Special Rapporteur on the right to privacy, the
>         co-Chair of the Article 29 Working Group and the European Data
>         Protection Supervisor together with high level representatives
>         of registries’ group, the registrars’ group and the GAC will
>         address in 10 minutes each the above mentioned topics. During
>         the session the involvement of the audience will be guaranteed
>         by an open mike slot.
>
>         I think during the last days, weeks we have reached an
>         agreement on Ms Becky Burr moderating the panel and having
>         James Galvin as representative for registries’ group (both
>         seemed to agree on that). If we follow this logic we would
>         need one representative from the GAC and one from registrars’
>         group. (We previously
>
>         ​P​
>         suggested that the chair of these communities could be invited
>         to speak under these two slots).
>
>
>     ​Greg: Not to sound like a broken record, but this emphasis on
>     including the contracted parties to the exclusion of the
>     non-contracted parties really runs counter to multistakeholder
>     sensibilities.
>
>     If the emphasis is on "high level representatives" and "chairs" I
>     would be willing to join the panel as the chair of my community,
>     though we may have better candidates on substance (including
>     Vicky, who is our vice chair).​
>
>     In response to my email asking what her goals for the panel were
>     (and which stated much of what I've restated above), ​Stephanie
>     Perrin wrote: Peter and the COE are organizing this.  I will let
>     them explain the goals.  In my personal view....data protection
>     commissioners are not present at ICANN.  The dialogue has been
>     anything but robust, although they have been attempting to engage
>     for many many years.
>
>     Vicky responded:
>
>         It is clear we need additional perspectives to make this a
>         robust panel.  I think james is a good addition and  we also
>         need someone with Cathrin's perspective,
>
>
>         Greg: We still need that perspective.
>
>     ​Peter responded with COE's goals:
>
>     The panellists will be invited to exchange views on the privacy
>     and data protection implications of processing of WHOIS data,
>     third party access to personal data and the issue of
>     accountability for the processing of personal data. The expected
>     outcome of the event is a better mutual understanding of the
>     underlying questions related to the protection of privacy and
>     personal data and the strengthening of an open and inclusive
>     dialogue on these issues, to be carried on anytime deemed necessary.​
>
>     Greg: We are among those "third parties" and we are seeking to be
>     included in an open and inclusive dialogue, and to include the
>     perspective of government as among those "third parties" as well. 
>     I'm not sure why this has become quite so difficult.​
>
>     ​Prior to that Peter wrote: ​
>
>     I really don’t want to hurt anybody personally, I find this
>     exchange of mails rather odd [discussion of the importance of
>     EDPS, correction of Ms. Bauer-Bulst's characterization of the EDPS
>     as a "body that advises,"  and the relative ranks of various
>     potential panelists removed for space]
>
>     Greg: I'm not sure why you find this exchange of emails "rather
>     odd", but perhaps it traces back to the mismatch between a
>     community-planned HIT and a panel planned by the CoE.  These
>     emails are our attempts at community planning -- again an
>     essentially multistakeholder effort.
>
>     ​In response to Stephanie's question to me "Who would you
>     propose?" (responding to my view that we n​eeded a panel that
>     represented multiple perspectives), Peter wrote:
>
>     I think we all are on the same page...therefore I suggest to
>     include Becky Burr to this panel. She was recommended by other
>     constituencies as well so if you agree we can move along.
>
>     Greg: I respect Becky immensely and already said she was a great
>     choice on many counts.  Yet, the response above misses my point --
>     that we need perspectives beyond data protection officials and
>     "the industry."
>
>     ​Any more would be piling on, but I wanted to note just a couple
>     more things.  One was Peter's suggestion that /The current state
>     of preparation would imply the following meetings/-/a session with
>     the GAC plenary,/-/a working lunch with the Board,/-/community
>     wide afternoon session possibly in the format of an “High Interest
>     Topic”./-/alternatively or subsequently a joint meeting with GNSO
>     Council and ccNSO Council /-/bilateral meetings with NSCG, NCUC
>     and ALAC/
>     /
>     /
>     ​Greg: I would suggest that a bilateral meeting with the CSG (and
>     not merely with the more /simpatico/​ community groups) should be
>     considered, to say the least.  We would be honored to have such a
>     meeting (and we don't bite).
>
>     Peter wrote, in response to Vicky:
>     Separately, please note I anticipate having some additional
>     suggestions for consideration for this panel by the end of next
>     week.àPlease do so, but you have to understand that it is rather
>     strange that 1 month away of the event we don’t know who the
>     speakers would be. We have also made suggestions which we believe
>     enjoy the support of many in GNSO (and beyond) fellows and follows
>     the idea of multi-stakeholderism and cover the main issues
>     Victoria suggested us to take into account including third party
>     access to data. I would recommend to consider those and come back
>     to us as quickly as you can…
>
>     Greg: Given that this session was only suggested as a High
>     Interest Topic on January 23, it's not so strange that we have not
>     finalized the speakers list.  We began discussing the other HIT
>     sessions quite a bit earlier.  That said, the sooner we can bring
>     the necessary people with the necessary perspectives and the
>     necessary protocol-sensitive rank (apologies for our insensitivity
>     to protocol concerns; I guess Americans don't do well with rank,
>     and one of the refreshing aspects of the ICANN milieu is that rank
>     is generally absent from our considerations).
>
>     I will once again emphasize that GNSO is itself a multistakeholder
>     organization so having "the support of many in GNSO" does not mean
>     that your suggestions have the support of our part of the GNSO
>     (hence, our attempts since late last month).  Leaving out the
>     commercial sector does not quite follow the idea of
>     multistakeholderism....
>
>     I would love nothing more for us to resolve this to our collective
>     and individual satisfaction and move on.  I look forward to doing so.
>
>     Best Regards,
>
>     Greg Shatan
>     President
>     Intellectual Property Constituency
>
>
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