[NCSG-PC] RDS/WHOIS2 Review Team -- Draft Comments

[Kathryn Kleiman]

Hi Rafik and All, I'm happy to submit my comment separately.  It will be 
hard to reconcile in under a day, and it may be good for noncommercial 
representatives to have multiple voices in this comment process.


*One thing, though, that I am very, very worried about is BY.1, a 
proposed change to the ICANN Bylaws _to delete __"safeguarding 
registrant data."_*   If this change is made, when ICANN studies and 
reviews future RDS/WHO services, it will only look at how the RDS serves 
the "legitimate needs of law enforcement and promote consumer trust" ==> 
who mine our data, not how our data (and those of noncommercial 
registrants in all gTLDs) is being protected and safeguarded.  For a 
future RDS/WHOIS Review Team perspective, it completely changes the data 
they will ge. From a legal perspective, such a change to the Bylaws will 
haunt us for decades to come (as a sign that safeguarding registrants 
and our data no longer an ICANN priority.)*
*

*
*

**Feel free to use my language!  (which I've also added to Stephanie's 
comments...)

Please let me know if you would like to sign on separately (more the 
merrier!)

Best, Kathy
**

**---------------------------------------------------------------------------------------------------------------------------- 
Kathy's Comment re: Opposing BY.1, RDS/WHOIS 2 Review Team Recomm to 
Change ICANN Bylaws ----

I. We Strongly Oppose the Following Recommendations and Ask that They be 
Deleted or Significantly Modified in the Final Report*
*

*
*

 1. *

    BY.1 Should Be Removed

    *

*

We are deeply concerned about the deletion of protections for 
Registrants from New ICANN Bylaw Section 4.6(e)(ii) and ask that this 
recommendation be removed. It would eliminate “the reference to 
‘safeguarding registrant data’ in ICANN Bylaws section 4.6(e(ii)...” We 
find this recommendation to be a dangerous and short-sighted.


The current ICANN Bylaw is a balanced one. Section (e)(ii) provides:


“e)Registration Directory Service Review* * * *

(ii) The Board shall cause a periodic review to assess the effectiveness 
of the then current gTLD registry directory service and whether its 
implementation meets the legitimate needs of law enforcement, promoting 
consumer trust and safeguarding registrant data (“Directory Service 
Review”).”


The current Bylaw is fair and balanced -- with protection of the data 
subject as well as those who would have a legitimate and legal need to 
access their data. These New ICANN Bylaws were adopted pursuant to 
intensive discussions of the ICANN Community and are part of the 
balanced accountability processes and protections created.


To remove “safeguarding registrant data” will:

 1.

    Harm the trust of domain name registrants (who impart their
    individual and organizational data (personal and sensitive) to their
    registrars, registries and indirectly to ICANN) with clear
    expectations of it being safeguarded, and


 2.

    Go against the tide of modern society.  In the world of “big data,”
    governments and regulatory agencies everywhere are rushing to
    protect and “safeguard” the data of their citizens and customers.
      Safeguarding registrant data is a way of building trust and
    loyalty. It is the law of the European Union, the basis of the
    dozens of signatories to Convention 108 (including EU, Russia,
    Turkey, Morocco, Senegal, Uruguay and Argentina), and the basis of
    NTIA’s just closed Request for Comment on Developing the
    Administration’s Approach to Consumer Privacy. In NTIA’s Request for
    Comment, the organization wrote:


“Every day, individuals interact with an array of products and services, 
many ofwhich have become integral to their daily lives. Often, 
especially in the digital environment, these products and services 
depend on the collection, retention, and use of personal data about 
their users. Users must therefore trust that organizations will respect 
their interests, understand what is happening with their personal data, 
and decide whether they are comfortable with this exchange. Trust is at 
the core of the United States’ privacy policy formation.”


To remove or change this Bylaw protection would violate key promises 
made in the ICANN Transition, and fundamental commitments of the ICANN 
Community to its foundation of domain name registrants.  The publicity 
of such a change, alone, would undermine confidence in the DNS.


*

On 11/15/2018 4:11 AM, Rafik Dammak wrote:
> Hi Kathy,
>
> Thanks for the draft comment.
> we got to work on finalizing an NCSG response.
>
> Best,
>
> Rafik
>
> Le mar. 13 nov. 2018 à 12:47, Kathryn Kleiman <kathy at kathykleiman.com 
> <mailto:kathy at kathykleiman.com>> a écrit :
>
>     Hi All,
>
>     The deadline is almost upon us for the Registration Directory Service
>     (RDS)-WHOIS2 Review Draft Report comments.  I found the RDS/WHO2
>     Draft
>     Report scary and fascinating -- it was supposed to stay within the
>     "four
>     corners" of the first Whois Review Team Report and it didn't. It
>     proposes some truly dangerous changes.  I am also concerned by the
>     long
>     discussion I heard (participated in) in Barcelona with Alan,
>     Katrin and
>     Susan (officers of RDS-WHO2 from ALAC, GAC Public Safety Working
>     Group
>     and Facebook) saying that they might continue their work, do more
>     surveys and make more recommendations -- even as the EPDP is in
>     progress!  They should definitely stop!
>
>     Huge thanks to Stephanie for being part of and surviving this
>     Review Team!
>
>     Knowing that things are crazy busy, I kicked off a draft comment
>     from my
>     vantage point as Vice-Chair of the first WHOIS Review Team (18 long
>     months in 2010-2011).  Feel free to edit and expand!
>
>     Posted at
>     https://docs.google.com/document/d/1h8ykLx-8dhCWposUJpKkBYf3Rg-oAZEqwCN131n-Yoo/edit?usp=sharing
>
>     Best, Kathy
>
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