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

Fri Nov 16 17:21:11 EET 2018

Thanks Ayden and apologies but the next piece on LEAs is coming soon...had to stop for the legal memo

On 2018-11-16 10:20, Ayden Férdeline wrote:
I have now made some edits to Stephanie's Google Doc, to harmonise the formatting and I made a few stylistic changes. Thanks so much for drafting this Stephanie; the substance is great! I will make some further substantive edits later tonight, once I have finished reading the report myself.

Best wishes, Ayden

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Friday, 16 November 2018 12:32, Rafik Dammak <rafik.dammak at gmail.com><mailto:rafik.dammak at gmail.com> wrote:

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<mailto: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<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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