[Ncsg-discuss] Important Law Enforcement Agencies, Authentication, Accountability and Safeguards

[Wisdom Donkor]

Dear Farzaneh,
Letter looks good.

*Wisdom Donkor* (CASP+,  CISM, CEH Certified,)
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On Mon, Nov 24, 2025 at 4:04 AM farzaneh badii <farzaneh.badii at gmail.com>
wrote:

> Hi all,
>
> I have drafted the letter about the Board resolution:
> https://docs.google.com/document/d/1oHj3zPZtjNQrgEWJsx70F4e2K6kskYNaUbmmclzhnuM/edit?usp=sharing
>
> Please comment.
>
>
>
>
>
> Farzaneh
>
>
> On Sun, Nov 23, 2025 at 12:03 PM farzaneh badii <farzaneh.badii at gmail.com>
> wrote:
>
>> Dear all,
>>
>> I want to provide an update on where things currently stand regarding
>> law-enforcement (LEA) authentication, the work of the practitioner group,
>> and the implications of the ICANN Board’s October 2025 resolution.
>>
>> Given recent developments, I believe NCSG should consider a coordinated
>> response. Several months ago, when PSWG (public Safety Working Group) Gabriel
>> briefed us on their intention to work with ICANN Org to validate LEA domain
>> names, NCSG agreed that LEA could submit domain names of Law Enforcement
>> Agencies to the RDRS, but only if specific safeguards and conditions
>> were met.
>>
>> We conveyed these conditions clearly at the time, yet we have not
>> received any indication that these concerns are being incorporated into
>> PSWG's planning. To remind everyone of what NCSG agreed to:1)  a
>> verified LEA domain can serve only as a supplementary signal and not as a
>> standalone authentication mechanism. 2) Disclosure decisions must still
>> be grounded in rights-balancing, necessity, and a clear legal basis. 3) We
>> stressed that domain validation does not prove identity; spoofing remains a
>> serious risk, and both registrars and ICANN must be equipped to handle
>> that. 4) We also emphasized that any “verified LEA domain list” must
>> include renewal, periodic review, and removal processes to prevent stale or
>> misused entries—especially for agencies that operate multiple domains. In
>> addition, we were explicit that domain-based checks can only be a temporary
>> measure while a more robust, accountable authentication system is being
>> developed. 5) We recommended a six-month review period to evaluate
>> registrar confidence, safeguard effectiveness, and progress toward a
>> long-term solution.
>>
>> Importantly, we made clear that any authentication mechanism must
>> incorporate safeguards, transparency, oversight, and avenues for redress
>> for registrants whose data may be accessed.
>>
>> The Board’s October 2025 resolution intersects
>> <https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-30-10-2025-en>
>> with this work by encouraging expanded LEA authentication efforts and
>> urging alignment of SSAD-related policies with disclosure mechanisms.
>> However, the Board’s rationale focuses almost exclusively on RDRS
>> continuity, registrar/requestor satisfaction, voluntary participation, and
>> ICANN’s operational resources. What is missing is any acknowledgment of the
>> safeguards, accountability requirements, or user-impact considerations that
>> NCSG has raised repeatedly in meetings, letters, and contributions to the
>> RDRS Standing Committee report. Registrants and end users—who are directly
>> affected—are absent from the Board’s “community impact” framing.
>>
>> Given this gap between what NCSG has consistently recommended and what
>> the Board has recognized, I suggest that NCSG take two steps.
>>
>> First, send a short letter to the ICANN Board reaffirming that we support
>> LEA authentication only if safeguards, transparency, oversight, and renewal
>> mechanisms are integral to the system, and noting that the resolution omits
>> the impact on registrants and end users.
>>
>> Second, develop a concise Human Rights Impact Assessment (HRIA) of the
>> Board resolution and the related RDRS/SSAD work, mapping risks to privacy,
>> due process, non-discrimination, and access to remedy, particularly around
>> cross-border LEA requests.
>>
>> I can prepare a first draft of the Board letter and a short HRIA scoping
>> note for review.
>>
>> Best regards,
>>
>> Farzaneh
>>
>
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