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

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Wed Feb 15 07:12:56 EET 2017


Wednesday is still our day alone to use as we see fit.  Chuck is trying 
to get Mr Cannatucci to attend our RDS meeting on Wednesday., I will 
forward that thread to you as well.  All the other sessions are monday


On 2017-02-14 23:59, farzaneh badii wrote:
> Hi Stephanie,
>
> We both asked Maryam to follow up on NCSG session with the UN special 
> rapp. I think would be helpful that Tapani also follows up since it's 
> an NCSG request and we still don't see it on the schedule. Did I 
> interpret it wrong that you said Chuck was planning to turn that into 
> a GNSO meeting. Is the wednesday session only NCSG meeting wtih the UN 
> rapp?
>
> Farzaneh
>
> On Tue, Feb 14, 2017 at 11:23 PM, Stephanie Perrin 
> <stephanie.perrin at mail.utoronto.ca 
> <mailto:stephanie.perrin at mail.utoronto.ca>> wrote:
>
>     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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>>
>>
>
>

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