ICANN Comments to EDPB and content regulation

Tue Jan 12 20:01:55 EET 2021

+1

Thank you!

Please include this - crucial:

1. Could you please clarify in what ways the SSAD could be instrumental for
stopping and preventing the dissemination of illegal content and in order
to avoid related societal harms ?

On Tue, Jan 12, 2021 at 6:11 PM Poncelet Jokkolabs Banjul <
pileleji at jokkolabs.co> wrote:

> +1
>
> On Tuesday, January 12, 2021, Bruna Martins dos Santos <
> bruna.mrtns at gmail.com> wrote:
>
>> Hello all,
>>
>> First of all, thank you very much for the comments on this thread. As
>> suggested, I took the liberty of taking Sam's comments and shaping into a
>> letter to the ICANN Board and CEO on this topic.
>>
>> The darft can be found here -
>> https://docs.google.com/document/d/1Mmax62EkxSRgr8AMi8jqnNXlP36cjRdfqFy6gYrmnPY/edit
>> - and I would like to invite you all to add your comments and suggestions
>> to it.
>>
>> Considering this letter is about a communication issued by ICANN Org to
>> the EPDB in December, I would say it's good for us to send it maybe next
>> week. But, as usual, I would like to hear your thoughts on the matter as
>> well.
>>
>> Best,
>> Bruna
>>
>>
>>
>> On Fri, Jan 8, 2021 at 7:56 PM Sam Lanfranco <lanfran at yorku.ca> wrote:
>>
>>> Milton, the comments are in the public domain and the NCSG is free to
>>> use them as they see fit. Thanks for the support.
>>>
>>> Sam
>>>
>>>
>>>
>>> *From:* Mueller, Milton L <milton at gatech.edu>
>>> *Sent:* Friday, January 8, 2021 3:51 PM
>>> *To:* Sam Lanfranco <lanfran at yorku.ca>; NCSG-DISCUSS at LISTSERV.SYR.EDU
>>> *Subject:* RE: ICANN Comments to EDPB and content regulation
>>>
>>>
>>>
>>> This is a great comment, Sam, why don’t NCSG officers just copy and
>>> paste them into an emailed letter to the CEO and Board?
>>>
>>>
>>>
>>> *From:* NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> *On Behalf Of *Sam
>>> Lanfranco
>>> *Sent:* Friday, January 8, 2021 2:22 PM
>>> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
>>> *Subject:* Re: ICANN Comments to EDPB and content regulation
>>>
>>>
>>>
>>> As I understand the “*ICANN org Comments on the Recommendations 01/2020
>>> on Measures That Supplement Transfer Tools  to Ensure Compliance With  the
>>> EU Level  of Protection of Personal Data*”, they deal primarily with
>>> the transfer of data between regulatory jurisdictions and the processes
>>> necessary to meet a strict interpretation of the GDPR’s international data
>>> transfer requirements.
>>>
>>>
>>>
>>> This has absolutely nothing to do with “…*stopping and preventing the
>>> dissemination of illegal content and in order to avoid related societal
>>> harms*.” (*Comments: p. 2*) except in so far as legitimate requests by
>>> legal authorities may be related to investigations around such matters.
>>> Given that such matters reside outside ICANN’s remit, ICANN org should be
>>> asked to expunge the phrase from its position on transfer tool compliance
>>> with the EU’s personal data protections.
>>>
>>>
>>>
>>> Secondly, I have a couple of questions in areas that are not clear to
>>> me. The *Comments* say that the proposed SSAD model would introduce *“…a
>>> centralized process for managing access requests and placing ICANN org in
>>> the middle of this process*.” They go on to say “*ICANN org or its
>>> designee(s) would manage a system for the intake of requests for data and
>>> would route these requests to the registrar or registry operator for a
>>> response*.”
>>>
>>>
>>>
>>> It is not clear if, in one way or another, ICANN would be the central
>>> clearing house for dealing with such requests, and it is not clear to whom “
>>> *designee(s*)” refers to.  My question is whether an ICANN-centric
>>> clearing house is the proper solution here, or whether a less centralized
>>> multilateral agreed upon set of principles (and processes) would better
>>> serve the intended objectives? Also, any transfer involves at least two
>>> national jurisdictions, so a rogue recipient state’s behavior could be
>>> blocked by a sending state in compliance with agreed principles and
>>> processes.
>>>
>>>
>>>
>>> Lastly, is there an issue of who decides whether an inter-state request
>>> is legitimate?
>>>
>>>
>>>
>>> Sam Lanfranco
>>>
>>>
>>>
>>> *From:* NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> *On Behalf Of *Stephanie
>>> Perrin
>>> *Sent:* Friday, January 8, 2021 10:33 AM
>>> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
>>> *Subject:* Re: ICANN Comments to EDPB and content regulation
>>>
>>>
>>>
>>> Thanks for raising this Farzi, i will confess that i was goofing off at
>>> Christmas and totally missed this letter.  I will raise it at the next EPDP
>>> meeting, and I think this ought to be raised at Council as well.  I should
>>> have raised it at the meeting yesterday of the small team looking at the
>>> other SSAD response (letter from the Board) even if it is a mite off topic
>>> there....this is a real  howler.
>>>
>>> Thanks again!
>>>
>>> Stephanie Perrin
>>>
>>> Sent from my iPhone
>>>
>>>
>>>
>>> On Jan 7, 2021, at 21:03, Raphael Beauregard-Lacroix <
>>> rbeauregardlacroix at gmail.com> wrote:
>>>
>>> 
>>>
>>> Thank you Farzaneh and Bruna. Could easily have flown under the radar
>>> and forgotten after Christmas. This is certainly an important matter. Looks
>>> typical in its language: putting various kinds of processing as matters of
>>> "necessity" without looking into purpose and context of such processing.
>>> ICANN is no "surveillance capitalist," but precisely if it sticks to its
>>> narrow mandate and to appropriately, narrowly designed processing, it will
>>> also steer clear of any form of trouble with (most) DPAs and their related
>>> statutes. Now, if it starts giving in to pressures by certain interests to
>>> stop the "social harm" of fake gucci bags (hmm...), well, we get that kind
>>> of letter, I suppose.
>>>
>>>
>>>
>>> I'd be happy to help on the matter.
>>>
>>>
>>>
>>> Have a nice day!
>>>
>>>
>>>
>>> On Tue, Jan 5, 2021 at 10:27 AM Bruna Martins dos Santos <
>>> bruna.mrtns at gmail.com> wrote:
>>>
>>> Thank you so much for raising this here Farz.  I will definitely mention
>>> this topic when I have my next interaction with Goran.
>>>
>>>
>>>
>>> About the Content Moderation part, I agree with you that this topic
>>> might be absolutely out of the scope of the SSAD and ICANN as well. And
>>> this has been a point this community has raised before - more than just
>>> once and about Whois and CoMo. I also happen to agree that the definitions
>>> of Illegal content and content related to societal harm are rather open and
>>> problematic for the SSAD - or for many other discussions as well.
>>>
>>> Should we work on a letter - to the Board, the EPDB or both - reviving
>>> our arguments about Whois and Content moderation and send it once again ?
>>> Are there any volunteers who would like help me with this ?
>>>
>>> Best,
>>> Bruna
>>>
>>>
>>>
>>> On Tue, Jan 5, 2021 at 12:00 PM farzaneh badii <farzaneh.badii at gmail.com>
>>> wrote:
>>>
>>> Hello all,
>>>
>>>
>>>
>>> In my spare time, I got to read ICANN's letter dated 21 December 2020 to
>>> EDPB about compliance with GDPR.
>>>
>>>
>>>
>>>
>>> https://www.icann.org/en/system/files/files/icann-org-comments-edpb-recs-21dec20-en.pdf
>>> <https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.icann.org%2Fen%2Fsystem%2Ffiles%2Ffiles%2Ficann-org-comments-edpb-recs-21dec20-en.pdf&data=04%7C01%7Cmilton%40GATECH.EDU%7C120fb15e918b4593cbcd08d8b40ab7f4%7C482198bbae7b4b258b7a6d7f32faa083%7C0%7C0%7C637457305705415204%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=OYD%2F%2FPaI8UbF69q4aee3gMjUtVvIxcLENBr%2Fzsp%2F%2BRQ%3D&reserved=0>
>>>
>>>
>>>
>>> There was one alarming issue raised in this letter, and since the
>>> Internet community has been mentioned, I think we should at least ask Bruna
>>> to raise it with the CEO next time she talks to him. I know we
>>> haven't drafted other  important comments but I haven't followed EPDP so
>>> will leave that to the members.
>>>
>>>
>>>
>>> P.2: "The SSAD is therefore instrumental for stopping and preventing the
>>>
>>> *dissemination of illegal content and in order to avoid related societal
>>> harm*s". This is alarming because the SSAD is serving ICANN's mission
>>> which has nothing to do with the regulation of illegal content and that is
>>> outside of its mission. I don't know what they mean by societal harm. We
>>> have many times told ICANN not to be careless when it comes to the limited
>>> function of WHOIS and relate it to content regulation. They said they
>>> wouldn't. But here they are definitely going into those territories.
>>>
>>>
>>>
>>> There are other matters in the letter as well but I haven't had the time
>>> to read closely, for example they are talking about "thick WHOIS" not
>>> happening because of the strict international transfer. I am not sure where
>>> epdp is at with discussing thick whois. Can we even have it in place?
>>>
>>>
>>>
>>>
>>>
>>> Best
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Farzaneh
>>>
>>>
>>>
>>>
>>> --
>>>
>>> *Bruna Martins dos Santos *
>>>
>>>
>>>
>>> Skype ID: bruna.martinsantos
>>>
>>> @boomartins
>>>
>>>
>>
>> --
>> *Bruna Martins dos Santos *
>>
>> Skype ID: bruna.martinsantos
>> @boomartins
>>
>
>
> --
>
> *Poncelet O. Ileleji*
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