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ICANN trying to strangle SSAD in the crib?

Kevin Murphy, January 14, 2022, 09:27:02 (UTC), Domain Policy

ICANN is trying to kill off or severely cripple Whois reform because it thinks the project stands to be too expensive, too time-consuming, and not fit for purpose.

That’s what many long-time community members are inferring from recent discussions with ICANN management about the Standardized System for Access and Disclosure (SSAD), a proposed method of normalizing how people request access to private, redacted Whois data.

The community has been left trying to read the tea leaves following a December 20 briefing in which ICANN staff admitted they have failed to even approximately estimate how well-used SSAD, which has been criticized by potential users as pointless, might be.

During the briefing, staff gave a broad range of implementation times and cost estimates, saying SSAD could take up to four years and $27 million to build and over $100 million a year to operate, depending on adoption.

The SSAD idea was thrown together in, by ICANN standards, super-fast time with a super-tenuous degree of eventual consensus by a cross-community Expedited Policy Development Process working group.

One of the EPDP’s three former chairs, Kurt Pritz, a former senior ICANN staffer who’s been heavily involved in community work since his departure from the Org in 2012, provided his read of the December webinar on a GNSO Council discussion this week.

“I’ve sat through a number of cost justification or cost benefit analyses in my life and got a lot of reports, and I’ve never sat through one that more clearly said ‘Don’t do this’,” Pritz said.

GNSO liaison to the Governmental Advisory Committee Jeff Neuman concurred moments later: “It seemed that we could imply from the presentation that that staff was saying ‘Don’t do it’… we should require them to put that in writing.”

“It was pretty clear from the meeting that ICANN Org does not want to build the SSAD. Many people in the community think its estimates are absurdly inflated in order to justify that conclusion,” Milton Mueller of the Internet Governance Project recently wrote of the same webinar.

These assessments seem fair, to the extent that ICANN appears seriously averse to implementing SSAD as the recommendations are currently written.

ICANN repeated the December 20 cost-benefit analysis in a meeting with the GAC this week, during which CEO Göran Marby described the limitations of SSAD, and how it cannot override privacy laws such as the GDPR:

It’s not a bug, it’s a feature of GDPR to limit access to data…

The SSAD is a recommended system to streamline the process of requesting data access. It cannot itself increase access to the data, as this is actually determined by the law. And so, in practice, the SSAD is expected to have little to no impact on the contracted parties’ ultimate disclosure or nondisclosure response to requests… it’s a ticketing system with added functionality.

While Marby stressed he was not criticizing the EPDP working group, that’s still a pretty damning assessment of its output.

Marby went on to reiterate that even if SSAD came into existence, people wanting private Whois data could still request it directly from registries and registrars, entirely bypassing SSAD and its potentially expensive (estimated at up to $45) per-query fees.

It seems pretty clear that ICANN staff is not enthused about SSAD in its current form and there’s a strong possibility the board of directors will concur.

So what does the policy-making community do?

There seems to be an emerging general acceptance among members of the GNSO Council that the SSAD proposals are going to have to be modified in some way in order for them to be approved by the board.

The question is whether these modifications are made preemptively, or whether the GNSO waits for more concrete feedback from Org and board before breaking out the blue pen.

Today, all the GNSO has seen is a few PowerPoint pages outlining the top-line findings of ICANN’s Operational Design Assessment, which is not due to be published in full until the board sees it next month.

Some Council members believe they should at least wait until the full report is out, and for the board to put something on the record detailing its reservations about SSAD, before any changes are made.

The next update on SSAD is an open community session, likely to cover much of the same ground as the GAC and GNSO meetings, scheduled for 1500 UTC on January 18. Details here.

The GNSO Council is then scheduled to meet January 20 for its regular monthly meeting, during which next steps will be discussed. It will also meet with the ICANN board later in the month to discuss its concerns.

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Comments (1)

  1. Good grief, what a mess.

    When are they gonna get their house in order?

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