[NCSG-PC] Fwd: [gnso-rds-pdp-wg] @EXT: RE: IMPORTANT: Invitation for Poll from 9 January Meeting
Stephanie Perrin
stephanie.perrin at mail.utoronto.ca
Mon Jan 15 17:32:01 EET 2018
Normally I would not pester the PC with every twitch and stumble of the
RDS working group...but we are now in some important discussions as to
whether law enforcement investigation is a valid reason for the
collection of information in the RDS. We just actually got a consensus
agreement it was NOT....which surprised me. However, EUROPOL, who was
the driving force behind the dreadful 2007 LE demand for data, is coming
out of their corner, and the IP lawyers will be quick to support. A
discussion at our next policy meeting might be good....I attach the
letter from report which contains the 2009 LEA communications for your
perusal, see page 129 .
Steph
-------- Forwarded Message --------
Subject: [gnso-rds-pdp-wg] @EXT: RE: IMPORTANT: Invitation for Poll
from 9 January Meeting
Date: Mon, 15 Jan 2018 13:30:04 +0000
From: Mounier, Grégory <gregory.mounier at europol.europa.eu>
To: 'Chuck' <consult at cgomes.com>, 'gnso-rds-pdp-wg at icann.org'
<gnso-rds-pdp-wg at icann.org>
Dear all,
I will not be able to join the call tomorrow so I thought that I should
drop an email to the list to explain why I voted against the proposed
possible WG Agreement according to which “/Criminal Activity/DNS Abuse –
Investigation is NOT a legitimate purpose for requiring collection of
registration data, but maybe a legitimate purpose of using some data
collected for other purposes/.”
I think that there are a number of rationales/grounds - including in
ICANN’s Bylaws - to argue that in fact, investigating criminal activity
and DNS Abuse *IS* a legitimate purpose for requiring the collection of
registration data.
Some of these rationales have been mentioned during the discussion on
the mailing list and during the call on 9^th January. Unfortunately, I
think that the proposed possible WG agreement does not take into
consideration these rationales. I specifically disagree with the
assumption that we should make a distinction between 1) the purpose of
collecting the data and 2) the purpose for using the data collected for
other purposes (manage domain registrations).
The reason why I disagree with making this distinction is that it leads
to artificially reduce the importance of a valid and legitimate purpose
of the WHOIS system, acknowledged by ICANN Bylaws: addressing malicious
abuse of the DNS and providing a framework to address appropriate law
enforcement needs. (ICANN’s mandate is to “ensure the stable and secure
operation of the internet’s unique identifier systems”^^[1] <#_ftn1> +
WHOIS data is essential for “the legitimate needs of law enforcement”
and for “promoting consumer trust.”^^[2] <#_ftn2> ). In its document on
the three compliance models issued last Friday^^[3] <#_ftn3>, ICANN has
explicitly included: addressing the needs of law enforcement,
investigation of cybercrime and DNS abuse as legitimate purposes of the
WHOIS system.
If one of the purpose of the WHOIS system is to support a framework to
address issues involving domain name registrations, including
investigation of cybercrime and DNS abuse, it can be argued that
investigating criminal activity and DNS abuse IS a legitimate purpose
for requiring the collection of registration data. Likewise, I think
that requiring collection of registration data to prevent crime is NOT
beyond ICANN's mandate because this data is essential for ICANN to
fulfil its mandate.
I have attached a list of relevant references supporting this point of
view taken from ICANN’s Bylaws and the GDPR.
I hope that you’ll find this contribution helpful and I’m looking
forward to reading the transcript of the next call J.
Best,
Greg
Gregory Mounier
Europol
European Cybercrime Centre
+31 6 55782743
*From:*gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] *On
Behalf Of *Chuck
*Sent:* 12 January 2018 15:21
*To:* gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
*Subject:* [gnso-rds-pdp-wg] FW: IMPORTANT: Invitation for Poll from 9
January Meeting
*Importance:* High
The response to this week’s poll is particularly low so I strongly
encourage more members to respond so that we have enough data to help us
in our meeting next week. Thanks to those who have already responded.
Chuck
*From:*gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] *On
Behalf Of *Marika Konings
*Sent:* Wednesday, January 10, 2018 7:27 AM
*To:* gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
*Subject:* [gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from 9
January Meeting
Dear all,
In follow-up to this week’s WG meeting, *all RDS PDP WG Members* are
encouraged to participate in the following poll:
https://www.surveymonkey.com/r/VM6S8YK
Responses should be submitted through the above URL. For offline
reference, a PDF of poll questions can also be found at:
https://community.icann.org/download/attachments/74580034/Poll-from-9January-Call.pdf?version=1&modificationDate=1515544361000&api=v2
*This poll will close at COB Saturday 13 January. *
Please note that you _must be a WG Member_ to participate in polls. If
you are a WG Observer wishing to participate in polls, you must first
contact gnso-secs at icann.org <mailto:gnso-secs at icann.org> to upgrade to
WG Member.
Best regards,
Marika
*/Marika Konings/*
/Vice President, Policy Development Support – GNSO, Internet Corporation
for Assigned Names and Numbers (ICANN) /
/Email: //marika.konings at icann.org/ <mailto:marika.konings at icann.org>//
//
/Follow the GNSO via Twitter @ICANN_GNSO/
/Find out more about the GNSO by taking our //interactive courses/
<http://learn.icann.org/courses/gnso>/ and visiting the //GNSO Newcomer
pages/
<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>/.
/
------------------------------------------------------------------------
[1] <#_ftnref1>ICANN Bylaws Article One, Section 1.1, Mission.
[2] <#_ftnref2>ICANN Bylaws, Registration Directory Services Review,
§4.6(e).
[3]
<#_ftnref3>https://www.icann.org/en/system/files/files/interim-models-gdpr-compliance-12jan18-en.pdf
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