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Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data (view source)

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In all, 47 comments were received on the Initial Report.<ref>[https://www.icann.org/en/system/files/files/report-comments-epdp-phase-2-initial-12may20-en.pdf ICANN.org - Staff Report on Public Comment Proceeding], May 12, 2020</ref> Numerous SOs and ACs submitted comments that were critical of elements of the SSAD process as proposed. There were also complaints about the use of a form rather than allowing less structured comments. A summary of highlights follows. The "Comments in Support" numbers listed below reflect the EPDP team's substantive categories described above.
 
In all, 47 comments were received on the Initial Report.<ref>[https://www.icann.org/en/system/files/files/report-comments-epdp-phase-2-initial-12may20-en.pdf ICANN.org - Staff Report on Public Comment Proceeding], May 12, 2020</ref> Numerous SOs and ACs submitted comments that were critical of elements of the SSAD process as proposed. There were also complaints about the use of a form rather than allowing less structured comments. A summary of highlights follows. The "Comments in Support" numbers listed below reflect the EPDP team's substantive categories described above.
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{| class="wikitable"
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|-
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! Recommendation
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! Comments in Support
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! Proposed Changes
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! Other Comments
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! Link to Comments
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|-
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| 1 - Accreditation
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| 25
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| Add a "Trusted Notifier" designation for entities with a record of good faith use of SSAD and previous tools - [[BC]], [[IPC]], and industry groupsSubstantial edits to process & requirements - [[INTA]]Changes required to conform to data protection principles - Council of Europe Data Protection Unit
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| "The creation of an Accreditation Authority brings significant complications to what should be a simple transaction…the reliance on an Accreditation Authority is misplaced." - Tucows
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec1_20200415.docx GNSO Summary]
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|-
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| 2 - Gov't Entity Accreditation
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| 23
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| Further work needed to understand the implementation path for governments and their designees (which are sometimes separate from the government) - [[GAC]]Numerous objections to the breadth of terminology, particularly the purpose of requests being related to a "public policy task."
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| "Further, the existence of an accreditation for an extrajurisdictional governmental entity must not presume, under this or any other model, that the entity or government in question can extend its jurisdiction to a CP that would not otherwise be subject to it; ICANN PDPs cannot create new international law." - Tucows
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec2_20200415.docx GNSO Summary]
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|-
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| 3 - Criteria & Content of Requests
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| 23
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| More work needed to refine the requirements to comply with jurisdiction-specific expectations and IP law standards - WIPO, Council of Europe Data Protection UnitThis recommendation involves the processing of personal data as defined under GDPR - ICANN OrgRequest form needs to be as simple and user friendly as it can be - Motion Picture Assocation
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec3_20200415.docx GNSO Summary]
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|-
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| 4 - Third Party Justifications
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| 25
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| Eliminate "purposes" and specify only requestor justifications; clarify that the existence of a valid justification does not warrant disclosure - mulitple commenters
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec4_20200415.docx GNSO Summary]
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|-
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| 5 - Acknowledgement of Receipt
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| 25
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| Given the system will be automated, an immediate response upon submission is reasonable and necessary - multiple commenters
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec5_20200415.docx GNSO Summary]
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|-
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| 6 - Contracted Party Authorization
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| 23
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|
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| Multiple commenters suggested changes to the proposed mechanisms; other commenters objected to a decentralized decision-making process and urged the EPDP team to reconsider a centralized decision model.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec6_20200415.docx GNSO Summary]
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|-
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| 7 - Authorization for Automated Disclosure Requests
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| 18
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| Many attempts to improve or clarify the language of this section
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| Notably, three commenters recommended deletion of this recommendation. "Automated disclosures raise important legal questions, which this Recommendation does not resolve. Automation of disclosure poses a real danger that all of the legal rights for data subjects could be bypassed by a system that essentially recreates the open-access Whois for any accredited user." - Georgia Institute of Technology
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec7_20200415.docx GNSO Summary]
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|-
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| 8 - Response Requirements
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| 27
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| Edits suggested for consistency and predictability
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec8_20200415.docx GNSO Summary]
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|-
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| 9 - Service Level Agreements
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| 25
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| Some proposed alterations to priority categories and timeframes
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| [[IPC]], [[INTA]], and [[SSAC]] took issue with the priority classifications, response times, and other aspects of the recommendation.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec9_20200415.docx GNSO Summary]
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|-
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| 10 - Acceptible Use Policy
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| 18
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| Proposed edits to expand the definition of reasonable use
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| Intellectual property practitioners and groups, including [[INTA]] and the [[IPC]], took issue with many aspects of this recommendation.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec10_20200415.docx GNSO Summary]
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|-
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| 11 - Disclosure Requirement
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| 20
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| Multiple recommendations to clarify intent and process
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| ICANN Org had multiple questions regarding EPDP's considerations of factors that would impact disclosure determination processes.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec11_20200415.docx GNSO Summary]
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|-
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| 12 - Query Policy
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| 22
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| Disparate treatment of registrants and requestors should be amended - no one should be permitted to use false credentials
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| In this and many other recommendations around rights to request information, the lack of access historical data was noted by IP practitioners and brand owners as problematic for enforcement of rights.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec12_20200415.docx GNSO Summary]
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|-
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| 13 - Terms of Use
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| 21
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| Any such terms should be drafted by and approved by the community - [[IPC]]
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| Tucows found recommendations for both an "Acceptible Use Policy" and a "Terms of Use" to be redundant
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec13_20200415.docx GNSO Summary]
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|-
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| 14 - Retention and Destruction of Data
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| 25
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| Proposed edits to allow requestors to comply with applicable data retention laws in their jurisdiction.
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| ICANN Org suggested consolidation of this recommendation with the Terms of Use recommendation
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec14_20200415.docx GNSO Summary]
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|-
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| 15 - Financial Sustainability
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| 20
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| Strong opinions regarding the possibility of request or accreditation fees, and the notion that requestors should fund the system's continued operation
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| ICANN Org noted that there may be legal issues with fees for requests; [[SSAC]] argued that the entire recommendation was out of scope.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec15_20200415.docx GNSO Summary]
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|-
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| 16 - Automation
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| 20
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| [[SSAC]] and others found the intent to automate requests worthwhile, and proposed edits in support of clearer implementation
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec16_20200415.docx GNSO Summary]
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|-
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| 17 - Logging
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| 24
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|
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| Tucows found the proposed requirements excessive and convoluted.
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec17_20200415.docx GNSO Summary]
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|-
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| 18 - Audits
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| 23
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| Many comments that auditing should also apply to Contracted Party activity.
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec18_20200415.docx GNSO Summary]
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|-
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| 19 - Mechanism for Evolution of SSAD
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| 22
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| A large number of commenters stated that any review mechanism should include the GAC, ALAC, and SSAC
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|
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| [https://community.icann.org/download/attachments/126430750/gnso-EPDP-P2-pcrt-Initial-Report-Recommendations_Rec19_20200415.docx GNSO Summary]
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|}
    
====Final Report====
 
====Final Report====
JP
Bureaucrats, Check users, lookupuser, Administrators, translator
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