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The procedure was also previously attempted by .FRL in late 2016 but the request did not meet the requirements to utilize the procedure. At the time, requirement to trigger the procedure was that the contracted party must have received “notification of an investigation, litigation, regulatory proceeding or other government or civil action that might affect its compliance.” However, .FRL was not subject to any such proceeding at the time, and the procedure could not be used.
Specification or Policy
- Is the GNSO & the EPDP Team creating a policy or a specification?
As described in the Charter and the Board resolution that launched this Expedited Policy Development Process, the team’s task is to develop policy recommendations.
The starting point for these recommendations is the temporary specification adopted by the Board on 17 May 2018.
The temporary specification includes both high-level principles such as defining purposes and legal bases for processing registration data, and also detailed technical requirements such as descriptions of modifications to the registration data display requirements set forth in the registry and registrar agreements.
The Board does have the ability to adopt both temporary policies and specifications. The exact difference between a "temporary policy" and a "temporary specification" is not defined in the Bylaws or registry/registrar agreements.
Although the GNSO’s procedures <https://gnso.icann.org/en/council/procedures> generally discuss developing policy recommendations and not "specification" recommendations, the PDP Manual actually outlines a wide variety of "PDP Outcomes and Processes" one of which is "technical specifications". As noted above, the label that is given may not matter too much as during implementation a further assessment is usually made in relation to how to address each approved recommendation. Any remaining questions about the scope of the team’s work or how its deliverables should be structured and styled could be referred to the GNSO council.
OUTSTANDING QUESTIONS
- Language in the preamble of Appendix C is similar but different from the GDPR. What was the thinking in writing it this way?
