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

[Rafik Dammak]

thanks Kathy, I appreciate your response and the work done in your comment.
we will try to add possible edits to draft made by Stephanie.

Best,

Rafik

Le ven. 16 nov. 2018 à 04:00, Kathryn Kleiman <kathy at kathykleiman.com> a
écrit :

> 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 1. 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 of    which 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> 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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>>
>
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