Page History
ALAC: EPDP Phase 2 (SSAD) (R-1)
| Date Issued | Reference ID | Current Phase |
|---|---|---|
| ALAC: EPDP Phase 2 (SSAD) (R-1)AL-ALAC-ST-0821-01-01-EN | Phase 3 | Evaluate & Consider |
Description:
Either reject the SSAD recommendations and/or request that the GNSO Council reconsider the issue, perhaps with a suitable delay to fully understand the potential changes to the GDPR-related regulations in Europe.
STATUS UPDATES
| Date | Phase | Type | Status Updates |
|---|---|---|---|
| Phase 3 | Phase Update | Even though the ICANN Board will not take a formal decision on this Advice until it considers the SSAD policy recommendations for adoption, it will factor in the ALAC Advice, as well as other Advice received, as it further considers this topic and additional work that is undertaken to help inform the cost/benefit implications of the SSAD recommendations. |
| Phase 3 | Phase Change | Now Phase 3 |
| Phase 2 | AP Feedback | ICANN received confirmation of understanding |
| Phase 2 | Board Understanding | The Board understands that the ALAC believes the Board should either reject the SSAD recommendations or request that the GNSO Council reconsider them, perhaps with a suitable delay to fully understand the potential changes to data protection-related legislation in Europe, including the proposed NIS2 Directive. The Board also understands that the ALAC does not believe that implementation of the SSAD, as recommended, is in the best interests of ICANN or the ICANN community, nor does the ALAC believe the SSAD will be compatible with the NIS2 Directive when adopted. |
| Phase 2 | Phase Update | Understandings sent to ALAC |
| Phase 2 | AP Feedback | "GDPR-related regulations in Europe" is a reference to the Network and Information Security Directive (NIS2) under consideration by the EU Parliament and Council as it pertains to the gTLD RDDS (in particular Article 23 in the early drafts). The ALAC is very much aware of the Board's obligations and options regarding GNSO Recommendations. To be clear, the ALAC does NOT believe that implementation of the SSAD as described in the EPDP Phase 2 Recommendations is in the best interests of ICANN or the ICANN community. The ALAC believes that as recommended, the SSAD will not meet the community needs nor will it be affordable. Support of NIS2, if adopted anywhere close to the current proposals, will require radical changes to the standards described in the recommendations with regard to what is openly published, what requires controlled disclosure, and the timing of such disclosures. The ALAC notes that the SSAD recommendations are explicitly not in compliance with the proposed NIS2 European Directive. Registrars subject to EU regulations will have to adjust their practices, but those registrars not subject to EU regulations will have no such need(1). Moreover, the standards subject to Contractual Compliance (CC) action in respect to the SSAD will be meaningless for those registrars subject to NIS2. If we want to ensure that CC can effectively monitor registrar activities and to ensure that there is a level playing field so that those contracted parties not subject to EU regulation cannot become DNS abuse havens, a new PDP will be required. The chances of the Registrar SG deciding to initiate such a PDP are rather slim. The Registry SG, who are largely disinterested parties in this, will be unlikely to oppose their customers, the registrars. Together they have an effective veto in GNSO Council decisions. The only alternative therefore is to reject (or if possible, defer action on) the recommendations, taking steps to ensure that the matter will be reconsidered once there is clarity on the direction the EU will be taking. This position will be further amplified in the answer to the other Board questions. Footnote (1): Currently, the ALAC is not aware of any other initiatives comparable to NIS2). |
| Phase 2 | Phase Update | Clarifying Questions sent to Advice Provider |
| Phase 2 | Clarifying Question | Can the ALAC please clarify what "GDPR-related regulations in Europe" it is referencing; what "issue" it is recommending that the Board should request the GNSO Council to reconsider; and its expectations regarding potential impacts to the recommended SSAD that would support such Board actions, in light of the fact that the Board must adopt the EPDP's recommendations, unless such recommendations are not in the best interests of the ICANN community or ICANN (see ICANN Bylaws, Annex A-1, Section 6(a))? The Board has noted the other concerns raised in the ALAC’s advice, as well as those noted in the ALAC’s minority statement to the EPDP Phase 2 report. |
| Phase 2 | Phase Change | Now Phase 2 |
| Phase 1 | Phase Update | Acknowledgement sent to ALAC |
