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

[Pedro de Perdigão Lana]

Also support thr letter, and Ken's suggestion of reiterating NCSG
proactivess in this issue.

Cordially,

*Pedro de Perdigão Lana*
Advogado - OAB/PR 90.600 <https://www.nic.br/>,  Pesquisador (GEDAI/UFPR
<https://www.gedai.com.br/>)
Doutorando em Direito (UFPR), Mestre em Direito Empresarial (UCoimbra),
Coordenação/Diretoria/EC @ ISOC Brasil <https://www.isoc.org.br/>, NCUC
<https://www.ncuc.org/> & NCSG
<https://community.icann.org/display/gnsononcomstake/Home>(ICANN), CC Brasil
<https://br.creativecommons.net/>.
Essa mensagem é restrita ao remetente e destinatário(s). Se recebida por
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Em seg., 24 de nov. de 2025, 12:36, Glenn Ricart <
00001c88309eff14-dmarc-request at listserv.syr.edu> escreveu:

> Letter looks good to me.  Glenn
>
>
> On Mon, Nov 24, 2025 at 8:22 AM carlos dionisio aguirre <
> carlosaguirre62 at hotmail.com> wrote:
>
>> Fully agree with your letter Farzaneh.
>>
>>  Carlos Dionisio Aguirre.
>>
>> El 24 nov 2025 06:34, Johan Helsingius <
>> 00001963cc94b85a-dmarc-request at LISTSERV.SYR.EDU> escribió:
>>
>> I support the letter - thank you, Farzaneh!
>>
>> Julf
>>
>>
>> On 24/11/2025 2:03 am, farzaneh badii wrote:
>> > Hi all,
>> >
>> > I have drafted the letter about the Board resolution: https://
>> >
>> docs.google.com/document/d/1oHj3zPZtjNQrgEWJsx70F4e2K6kskYNaUbmmclzhnuM/
>> > edit?usp=sharing <
>> https://docs.google.com/document/
>> <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 <mailto: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 namesof 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
>> >     intoPSWG'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://
>> >
>> http://www.icann.org/en/board-activities-and-meetings/materials/approved-
>> <http://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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