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Thanks Ashley, I strongly support your edits and explicitly support
keeping a reference to these issues in 4.4. GDPR Article 6.1(f)
explicitly allows reference to the needs of third parties and this
certainly qualifies. <br><br>
To the extent necessary, I believe that we need to put language somewhere
that explains why this is driven by our Bylaw requirement to provide a
stable and resilient DNS which I believe has to map to a trusted
DNS.<br><br>
Alan<br><br>
At 05/09/2018 04:46 PM, Heineman, Ashley wrote:<br><br>
<blockquote type=cite class=cite cite="">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. <br>
<br>
Regarding 4.4.9, the proposed text is:<br>
<br>
<i>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. <br>
</i> <br>
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).<br>
<br>
That being said, let it be clear that we are <i>not seeking the
collection of additional WHOIS data elements</i>. However, we do
want to ensure that the collection of existing WHOIS data fields continue
to be maintained.<br>
<br>
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).<br>
<br>
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. <br>
<br>
ICANN Bylaws (excerpts)<br>
Section 1.2. COMMITMENTS AND CORE VALUES<br>
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.<br>
<br>
(a) COMMITMENTS<br>
***<br>
(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.<br>
<br>
Section 4.6. SPECIFIC REVIEWS<br>
***<br>
(e) Registration Directory Service Review<br>
<br>
(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,<br>
promoting consumer trust and safeguarding registrant data. <br>
<br>
<br>
Regarding 4.4.2, we offer the following edits for consideration. We
believe this provides the necessary specificity required under GDPR:<br>
<br>
<i>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.<br>
</i> <br>
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