[NCSG-PC] [Draft] Letter to ICANN re: BC and IPC correspondence

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Sat Oct 14 23:21:37 EEST 2017


Very nice edit.

Stephanie.


On 2017-10-14 13:39, Martin Pablo Silva Valent wrote:
> I won’t mess the document, so I put it here: I basically took out two 
> phrases: the one were it says we would apply to DP authorities, and 
> the ending were it says we would go to court.
> This is strong and vague enough for us to do whatever we feel 
> necessary and we outline the hard-risk real risk of ignoring GDPR (a 
> subtle hint if you may).
> "As active stakeholders in the ICANN multistakeholder community, we 
> want to participate in the policy changes which will see ICANN come 
> into compliance with data protection law after a 19-year record of 
> sweeping it under the rug. However, if we are excluded from the 
> process, and feel that once again certain stakeholders with everything 
> to gain and nothing to lose from the collection of end-user data are 
> getting the ear of senior management, whilst we get the cold shoulder, 
> we are afraid that we will have to take all actions at our disposal 
> regarding ICANN’s continued, 19-year streak of non-compliance with 
> data protection law. As we are sure you are aware, the new GDPR gives 
> individuals the right to sue the Data Protection Authorities for 
> failure to protect end-user rights, which ultimately will impact in 
> the DNS use and ICANN itself."
> Cheers,
> Martín
>
>> On Oct 14, 2017, at 1:20 PM, Ayden Férdeline <icann at ferdeline.com 
>> <mailto:icann at ferdeline.com>> wrote:
>>
>> Hi Martin,
>>
>> Thank you very much for reviewing the draft letter. I appreciate you 
>> taking the time. Could I please ask that you edit the Google Doc 
>> directly and massage the final paragraph, so that you are happy with 
>> it? I think we do need to be forceful and punch back. I disagree that 
>> we should only go through the GAC or follow GNSO processes to be 
>> heard. We are, by design, being excluded from the conversation on 
>> this issue, and a flaw in the multistakeholder model has become 
>> apparent (at least to me). I think we should avail ourselves of all 
>> legal avenues through which we can seek a resolution to gTLD policies 
>> so to protect fundamental rights, such as the right to privacy. To 
>> box ourselves in and to forever subject ourselves only to a process 
>> flawed by design would, I think, be a mistake. Thanks again.
>>
>> Best wishes, Ayden
>>
>>
>>
>>> -------- Original Message --------
>>> Subject: Re: [NCSG-PC] [Draft] Letter to ICANN re: BC and IPC 
>>> correspondence
>>> Local Time: 14 October 2017 4:38 PM
>>> UTC Time: 14 October 2017 15:38
>>> From: mpsilvavalent at gmail.com <mailto:mpsilvavalent at gmail.com>
>>> To: Ayden Férdeline <icann at ferdeline.com <mailto:icann at ferdeline.com>>
>>> Stephanie Perrin <stephanie.perrin at mail.utoronto.ca 
>>> <mailto:stephanie.perrin at mail.utoronto.ca>>, ncsg-pc at lists.ncsg.is 
>>> <mailto:ncsg-pc at lists.ncsg.is> <ncsg-pc at lists.ncsg.is 
>>> <mailto:ncsg-pc at lists.ncsg.is>>
>>>
>>> To help this letter hit the spot, is already perfect, but for the 
>>> last paragraph:
>>>
>>> 1) Threatening to go with a public official NCSG campaign with State 
>>> agencies of Europe to hit ICANN, to force the MS model, is a very 
>>> bad idea. As NCSG, we should only go to governments through the GAC 
>>> and keep using our GNSO procedures to complain if we are being left 
>>> out. Going berserk on ICANN with borrowed state power breaks the 
>>> whole model, something that is way beyond what we need to do in this 
>>> case. It’s a dangerous precedent. Why Europe? What about other 
>>> jurisdictions? other states? We can still coordinate with the GAC, 
>>> and as non-commercial activists we can do public campaigns and state 
>>> claims in defense of our rights, but it should not be an NCSG 
>>> action. We have procedures to escalate the problem inside the model, 
>>> let’s use them fearless. Let’s call the ombudsman, keep writing to 
>>> the board, fill the open mic, massively go into working group 
>>> coordinating our members, etc (we have councilors!). Asking data 
>>> protection agencies to put pressure for us, in NCSG name, outside 
>>> the process we set for ourselves is not ok, is a pandora box of 
>>> precedent.
>>>
>>> 2) Even if we all agree that NCSG should ask a governmental agency 
>>> to put it’s nose in the GNSO process, which I am NOT saying we do, 
>>> the paragraph hits a big brick wall of rhetoric problems. If you 
>>> read the letter, the letter is perfect, is reasonable, is harsh, it 
>>> makes you blush to think the issue is at such a poor situation. Is 
>>> backed by other stakeholder, opposite to you. Once you read the 
>>> threat you loose all the communication bridges you build before in 
>>> the letter. Anyone with some knowledge of the GNSO will stop 
>>> thinking on the ICANN problem of addressing GDPR, they will read 
>>> that NCSG is threatening, to go to EU to force ICANN, and the 
>>> multistakeholder model.
>>>
>>> 3) The letter is perfect, we do need a punch in the last paragraph 
>>> that states both our level of concern, alert and the demand to be 
>>> heard. But we should threaten to use either specific tools of the 
>>> ICANN Process, or a vague thing that allows us to afterward choose 
>>> the best tool.
>>>
>>>
>>> Cheers,
>>> Martín
>>>
>>>
>>>> On Oct 13, 2017, at 6:55 PM, Ayden Férdeline <icann at ferdeline.com 
>>>> <mailto:icann at ferdeline.com>> wrote:
>>>>
>>>> Hi Martin, thank you very much for this feedback. I take it on 
>>>> board and hear what you are saying. However, I am afraid that I do 
>>>> disagree. I think we need to be forceful. From what I understand we 
>>>> have been ignored and sidelined for 19 years. I think it is 
>>>> important we punch back and let ICANN know that we are serious 
>>>> about being able to input into this conversation, or /we will/ 
>>>> avail ourselves of alternative mechanisms. To that end, we will 
>>>> need to start thinking about campaign tactics too -- that is 
>>>> something I have been thinking about for next year; what are the 
>>>> next steps, when do we launch, and what do we need? I think the 
>>>> time for diplomacy was a year ago (or longer), and now is the time 
>>>> for action.
>>>>
>>>> Warm wishes, Ayden
>>>>
>>>>
>>>>> -------- Original Message --------
>>>>> Subject: Re: [NCSG-PC] [Draft] Letter to ICANN re: BC and IPC 
>>>>> correspondence
>>>>> Local Time: 13 October 2017 10:49 PM
>>>>> UTC Time: 13 October 2017 21:49
>>>>> From: mpsilvavalent at gmail.com <mailto:mpsilvavalent at gmail.com>
>>>>> To: Ayden Férdeline <icann at ferdeline.com <mailto:icann at ferdeline.com>>
>>>>> Stephanie Perrin <stephanie.perrin at mail.utoronto.ca 
>>>>> <mailto:stephanie.perrin at mail.utoronto.ca>>, ncsg-pc at lists.ncsg.is 
>>>>> <mailto:ncsg-pc at lists.ncsg.is> <ncsg-pc at lists.ncsg.is 
>>>>> <mailto:ncsg-pc at lists.ncsg.is>>
>>>>>
>>>>> I’ve been following the doc, it looks great. I would be much more 
>>>>> mellow and diplomatic in the las paragraph, not threaten things, 
>>>>> like going public with a campaign with data protection agencies. I 
>>>>> think we shouldn’t promote agencies as policeman of ICANN, I 
>>>>> understand we are waiving that in the event the multi-stakeholder 
>>>>> model fails to include as as stakeholder, yet, I wouldn’t set that 
>>>>> as precedent and I do not recommend to make it before the actual 
>>>>> exclusion of the process happen, much less by  by written official 
>>>>> letter.
>>>>>
>>>>> I do believe that we have to talk about alternative strategies, 
>>>>> but not in a letter like this, is a very big threat with deep 
>>>>> implication, I wouldn’t recommend to go with that nor sign it as 
>>>>> official NCSG position. Reminder: ONLY ABOUT THE LAST PARAGRAPH, 
>>>>> the rest looks amazing and I still think we should make clear the 
>>>>> point we must be taken in account. Just take away the threat.
>>>>>
>>>>> Cheers,
>>>>> Martín
>>>>>
>>>>>> On Oct 13, 2017, at 6:42 PM, Ayden Férdeline <icann at ferdeline.com 
>>>>>> <mailto:icann at ferdeline.com>> wrote:
>>>>>>
>>>>>> Thanks Stephanie, I tend to agree. I have attached a copy of the 
>>>>>> letter which includes the Chair's name.
>>>>>>
>>>>>> Ayden
>>>>>>
>>>>>>
>>>>>>> -------- Original Message --------
>>>>>>> Subject: Re: [NCSG-PC] [Draft] Letter to ICANN re: BC and IPC 
>>>>>>> correspondence
>>>>>>> Local Time: 13 October 2017 10:33 PM
>>>>>>> UTC Time: 13 October 2017 21:33
>>>>>>> From:stephanie.perrin at mail.utoronto.ca 
>>>>>>> <mailto:stephanie.perrin at mail.utoronto.ca>
>>>>>>> To: Ayden Férdeline <icann at ferdeline.com 
>>>>>>> <mailto:icann at ferdeline.com>>
>>>>>>> ncsg-pc at lists.ncsg.is 
>>>>>>> <mailto:ncsg-pc at lists.ncsg.is><ncsg-pc at lists.ncsg.is 
>>>>>>> <mailto:ncsg-pc at lists.ncsg.is>>
>>>>>>>
>>>>>>>
>>>>>>> It should be signed by the Chair on behalf of, in my view.
>>>>>>>
>>>>>>> cheers Steph
>>>>>>>
>>>>>>>
>>>>>>> On 2017-10-13 17:27, Ayden Férdeline wrote:
>>>>>>>> Hi all,
>>>>>>>>
>>>>>>>> I have done some final polishing to the letter, and have 
>>>>>>>> attached a proposed final draft. I hope we may be able to reach 
>>>>>>>> agreement soon on sending this letter. Also - I was wondering, 
>>>>>>>> should it carry a name, perhaps of the Chair, or is it okay to 
>>>>>>>> be signed 'NCSG'?
>>>>>>>>
>>>>>>>> Many thanks, Ayden
>>>>>>>>
>>>>>>>>
>>>>>>>>> -------- Original Message --------
>>>>>>>>> Subject: Re: [NCSG-PC] [Draft] Letter to ICANN re: BC and IPC 
>>>>>>>>> correspondence
>>>>>>>>> Local Time: 13 October 2017 7:59 PM
>>>>>>>>> UTC Time: 13 October 2017 18:59
>>>>>>>>> From:icann at ferdeline.com
>>>>>>>>> To: Stephanie 
>>>>>>>>> Perrin<stephanie.perrin at mail.utoronto.ca>,ncsg-pc at lists.ncsg.is
>>>>>>>>>
>>>>>>>>> I think it is the perfect tone for this letter. As we saw in 
>>>>>>>>> Hong Kong this month, our public silence is being manipulated 
>>>>>>>>> and used to make the false claim that we are being consulted 
>>>>>>>>> with and are an integral part of ICANN's efforts to comply 
>>>>>>>>> with the GDPR, when we are not. Thanks for these edits 
>>>>>>>>> Stephanie. We need to reshape the narrative and get it all 
>>>>>>>>> documented.
>>>>>>>>>
>>>>>>>>> Ayden Férdeline
>>>>>>>>> Sent from ProtonMail Mobile
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> On Fri, Oct 13, 2017 at 7:14 pm, Stephanie Perrin 
>>>>>>>>> <stephanie.perrin at mail.utoronto.ca 
>>>>>>>>> <mailto:stephanie.perrin at mail.utoronto.ca>> wrote:
>>>>>>>>>>
>>>>>>>>>> I jumped in today (apologies for being anonymous, always 
>>>>>>>>>> forget my google password) and made quite a few changes.  I 
>>>>>>>>>> like the idea, but I think we should be a bit more specific.  
>>>>>>>>>> In terms of informing the DPAs....Swineheart is trying to get 
>>>>>>>>>> people to the IWGDPT meeting in Paris, I think everyone has 
>>>>>>>>>> been briefed at the data commissioners meeting in Hong kong 
>>>>>>>>>> (remember a whole crew from ICANN went) that there is a draft 
>>>>>>>>>> statement coming. So they know we have been briefing them for 
>>>>>>>>>> two years, we need to sharpen that a bit.
>>>>>>>>>>
>>>>>>>>>> Let me know if you think it was a bit too strong.  I will 
>>>>>>>>>> confess, I am losing my patience with this lot.  They spend 
>>>>>>>>>> gobs of money gadding around trying to nullify end user 
>>>>>>>>>> rights.  Totally ignore us. Ought to be ashamed of themselves.
>>>>>>>>>>
>>>>>>>>>> Stephanie
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> On 2017-10-13 07:05, Rafik Dammak wrote:
>>>>>>>>>>> hi,
>>>>>>>>>>>
>>>>>>>>>>> reminder for everyone to review the letter and share comments.
>>>>>>>>>>>
>>>>>>>>>>> Best,
>>>>>>>>>>>
>>>>>>>>>>> Rafik
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>> 2017-10-11 4:28 GMT+09:00 Ayden 
>>>>>>>>>>> Férdeline<icann at ferdeline.com <mailto:icann at ferdeline.com>>:
>>>>>>>>>>>
>>>>>>>>>>>     Also - I have now revised this letter again taking into
>>>>>>>>>>>     account the helpful feedback that was received over the
>>>>>>>>>>>     past 48 hours; moving forward, please feel free to edit
>>>>>>>>>>>     the document directly if you have any changes you'd like
>>>>>>>>>>>     to see made. Thanks!
>>>>>>>>>>>
>>>>>>>>>>>     Ayden
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>>>     -------- Original Message --------
>>>>>>>>>>>>     Subject: Re: [NCSG-PC] [Draft] Letter to ICANN re: BC
>>>>>>>>>>>>     and IPC correspondence
>>>>>>>>>>>>     Local Time: 10 October 2017 7:44 PM
>>>>>>>>>>>>     UTC Time: 10 October 2017 18:44
>>>>>>>>>>>>     From:icann at ferdeline.com <mailto:icann at ferdeline.com>
>>>>>>>>>>>>     To: Rafik Dammak <rafik.dammak at gmail.com
>>>>>>>>>>>>     <mailto:rafik.dammak at gmail.com>>
>>>>>>>>>>>>     ncsg-pc <ncsg-pc at lists.ncsg.is
>>>>>>>>>>>>     <mailto:ncsg-pc at lists.ncsg.is>>
>>>>>>>>>>>>
>>>>>>>>>>>>     Hi Rafik,
>>>>>>>>>>>>
>>>>>>>>>>>>     Thank you very much for your comments.
>>>>>>>>>>>>
>>>>>>>>>>>>     It would be great if we could finalise this letter by
>>>>>>>>>>>>     Friday and perhaps even send it out that day. I very
>>>>>>>>>>>>     much welcome edits directly to the Google Doc; everyone
>>>>>>>>>>>>     on this list, please help write it and shape its contents!
>>>>>>>>>>>>
>>>>>>>>>>>>     I would also like to propose that we write a monthly
>>>>>>>>>>>>     letter to ICANN on this topic until May 2018, when
>>>>>>>>>>>>     enforcement of the GDPR comes into effect. That way we
>>>>>>>>>>>>     can document for the data protection authorities that
>>>>>>>>>>>>     we have been informing ICANN in excess of six months of
>>>>>>>>>>>>     their need to comply with this regulation.
>>>>>>>>>>>>
>>>>>>>>>>>>     The feedback from Nick Shorey on the PC call today -
>>>>>>>>>>>>     that we need to help engineer a conversation between
>>>>>>>>>>>>     the DPAs and their GAC representatives - is an
>>>>>>>>>>>>     interesting one, and one which seemed to have support
>>>>>>>>>>>>     in the chat. How would we go about this, however? Do we
>>>>>>>>>>>>     write to the GAC? Do we express this desire to them in
>>>>>>>>>>>>     Abu Dhabi during our face-to-face with them?
>>>>>>>>>>>>
>>>>>>>>>>>>     Best wishes,
>>>>>>>>>>>>
>>>>>>>>>>>>     Ayden
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>>     -------- Original Message --------
>>>>>>>>>>>>>     Subject: Re: [NCSG-PC] [Draft] Letter to ICANN re: BC
>>>>>>>>>>>>>     and IPC correspondence
>>>>>>>>>>>>>     Local Time: 10 October 2017 5:33 AM
>>>>>>>>>>>>>     UTC Time: 10 October 2017 04:33
>>>>>>>>>>>>>     From:rafik.dammak at gmail.com
>>>>>>>>>>>>>     <mailto:rafik.dammak at gmail.com>
>>>>>>>>>>>>>     To: Ayden Férdeline <icann at ferdeline.com
>>>>>>>>>>>>>     <mailto:icann at ferdeline.com>>
>>>>>>>>>>>>>     ncsg-pc <ncsg-pc at lists.ncsg.is
>>>>>>>>>>>>>     <mailto:ncsg-pc at lists.ncsg.is>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>     Hi Ayden,
>>>>>>>>>>>>>
>>>>>>>>>>>>>     Thanks for the draft,
>>>>>>>>>>>>>     it is important we make a point to voice our concerns
>>>>>>>>>>>>>     and influence the process. as we discussed before here
>>>>>>>>>>>>>     and on the last call we got 2 problems 1- our
>>>>>>>>>>>>>     representatives in taskforce not being informed 2- the
>>>>>>>>>>>>>     last Data protection conference (that is already passed)
>>>>>>>>>>>>>
>>>>>>>>>>>>>     for the current letter, indeed we should tweak the
>>>>>>>>>>>>>     language there ;) while we keep the substance. reading
>>>>>>>>>>>>>     IPC letter, it seems they reject the use case matrix
>>>>>>>>>>>>>     and I understood from previous comments you think that
>>>>>>>>>>>>>     doesn't include our perspective. I add few comments
>>>>>>>>>>>>>     but I think we can add more, in particular, our
>>>>>>>>>>>>>     concerns in general regarding the process and not just
>>>>>>>>>>>>>     responding to BC and IPC requests.
>>>>>>>>>>>>>
>>>>>>>>>>>>>     I ask other PC members to review the letter and share
>>>>>>>>>>>>>     their thoughts. I put the GDPR as a discussion item
>>>>>>>>>>>>>     for today call. We need a deadline to get this done
>>>>>>>>>>>>>     and prior to Abud Dhabi meeting if we may want to
>>>>>>>>>>>>>     continue the discussion there and depending on how
>>>>>>>>>>>>>     things go with the cross-community session. I propose
>>>>>>>>>>>>>     that we reach a new version by this Friday.
>>>>>>>>>>>>>
>>>>>>>>>>>>>     Best,
>>>>>>>>>>>>>
>>>>>>>>>>>>>     Rafik
>>>>>>>>>>>>>
>>>>>>>>>>>>>     2017-10-08 23:07 GMT+09:00 Ayden
>>>>>>>>>>>>>     Férdeline<icann at ferdeline.com
>>>>>>>>>>>>>     <mailto:icann at ferdeline.com>>:
>>>>>>>>>>>>>
>>>>>>>>>>>>>         Hi,
>>>>>>>>>>>>>
>>>>>>>>>>>>>         I have drafted a letter to ICANN in response to
>>>>>>>>>>>>>         the recent correspondence received from the BC and
>>>>>>>>>>>>>         the IPC.You can read/edit it here.
>>>>>>>>>>>>>         <https://docs.google.com/document/d/13ujYOpJFL0eNvjQCiNmsduFFbiUPQC5Wmbe9wHC2K6Q/edit?usp=sharing>I
>>>>>>>>>>>>>         know the language is provocative (intentionally
>>>>>>>>>>>>>         so), but this is a first draft -- and if you
>>>>>>>>>>>>>         disapprove please provide alternative language.
>>>>>>>>>>>>>
>>>>>>>>>>>>>         Best, Ayden
>>>>>>>>>>>>>
>>>>>>>>>>>>>         _______________________________________________
>>>>>>>>>>>>>         NCSG-PC mailing list
>>>>>>>>>>>>>         NCSG-PC at lists.ncsg.is <mailto:NCSG-PC at lists.ncsg.is>
>>>>>>>>>>>>>         https://lists.ncsg.is/mailman/listinfo/ncsg-pc
>>>>>>>>>>>>>         <https://lists.ncsg.is/mailman/listinfo/ncsg-pc>
>>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>> _______________________________________________
>>>>>>>>>>> NCSG-PC mailing list
>>>>>>>>>>> NCSG-PC at lists.ncsg.is
>>>>>>>>>>> https://lists.ncsg.is/mailman/listinfo/ncsg-pc
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>
>>>>>>
>>>>>> <Proposed Letter - Chair 
>>>>>> Name.pdf>_______________________________________________
>>>>>> NCSG-PC mailing list
>>>>>> NCSG-PC at lists.ncsg.is <mailto:NCSG-PC at lists.ncsg.is>
>>>>>> https://lists.ncsg.is/mailman/listinfo/ncsg-pc
>>>>
>>
>

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