[Gnso-epdp-team] 4.4.9 (and 4.4.2)

[Alex Deacon]

Thanks Ashley.  I like these updates and agree with you (and others) that
they should stay in a single section (currently 4.4).  The recent
discussion to create several sub sections to ensure purposes of ICANN and
others are not conflated is a good one and I look forward to seeing all of
the purposes in their new context.  When that happen I expect additional
tweaks will need to be made.

Regards,
Alex


On Wed, Sep 5, 2018 at 1:47 PM Heineman, Ashley <AHeineman at ntia.doc.gov>
wrote:

> Dear all.  Please find below proposed edits to 4.4.9, which should be
> considered initial input as further discussion is welcomed.  Also included
> below are some recommended edits to 4.4.2, which I realize is being
> reviewed/modified by someone else.
>
>
>
> Regarding 4.4.9, the proposed text is:
>
>
>
> *Enabling the prevention and detection of cybercrime and illegal DNS abuse
> to promote the resilience, security, stability and/or reliability of the
> DNS and the Internet.  Enabling the prevention of unlawful conduct to meet
> the legitimate needs of law enforcement and public authorities promoting
> consumer trust in the DNS and the Internet and safeguarding registrant
> data. *
>
>
>
> After a lot of deliberation and thought, we decided that this text should
> remain under section 4.4 (not be moved) as this section is a list of
> ICANN’s and the Contracted Parties’ legitimate purposes for processing data
> and accordingly we want a reference to this purpose as we believe it
> influences/touches upon at least two stages of their processing (collection
> and disclosure).
>
>
>
> That being said, let it be clear that we are *not seeking the collection
> of additional WHOIS data elements*.  However, we do want to ensure that
> the collection of existing WHOIS data fields continue to be maintained.
>
>
>
> Further, it is our view that the collection and disclosure of information,
> as it aligns with efforts to combat cybercrime and other illegal DNS abuse,
> is fully consistent with ICANN bylaws and therefore fits within ICANN’s
> purposes.  (see specific bylaw references below).
>
>
>
> Lastly, our initial text reflects a concerted effort not to conflate
> ICANN’s purposes with that of LEA/government authorities.  It is our view
> that the interests and lawful basis of third parties (such as
> LEA/government authorities) should be articulated elsewhere as appropriate.
>
>
>
> ICANN Bylaws (excerpts)
>
> Section 1.2. COMMITMENTS AND CORE VALUES
>
> In performing its Mission, ICANN will act in a manner that complies with
> and reflects ICANN’s Commitments and respects ICANN’s Core Values, each as
> described below.
>
>
>
> (a)    COMMITMENTS
>
> ***
>
> (i) Preserve and enhance the administration of the DNS and the operational
> stability, reliability, security, global interoperability, resilience, and
> openness of the DNS and the Internet.
>
>
>
> Section 4.6. SPECIFIC REVIEWS
>
> ***
>
>      (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.
>
>
>
>
>
> Regarding 4.4.2, we offer the following edits for consideration.  We
> believe this provides the necessary specificity required under GDPR:
>
>
>
> *Providing collection and disclosure of accurate, reliable, and uniform
> Registration Data based on lawful basis, consistent with GDPR, to ensure
> resilience, security, and/or stability of the DNS.  In the case of
> legitimate interest as a basis, collection and disclosure must not outweigh
> the fundamental rights of relevant data subjects.*
>
>
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-- 
___________
*Alex Deacon*
Cole Valley Consulting
alex at colevalleyconsulting.com
+1.415.488.6009
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