[Gnso-ppsai-pdp-wg] Privacy/Proxy and spam/botnets

Don Blumenthal dblumenthal at pir.org
Mon Jan 20 18:01:20 UTC 2014


I¹m jumping in briefly to rename this thread.

And request that assertions of fact (spam percentages and origin of proxy
and privacy services to name a couple) be accompanied by documentation so
we can get a head start on assembling materials. It will have to happen
now or later.

Don

On 1/20/14, 12:47 PM, "Volker Greimann" <vgreimann at key-systems.net> wrote:

>As a European, I believe in data protection and data privacy.
>Information that needs to be public should be. Information that does not
>should not. "The public" indeed does not need that data. If you think
>that is extreme...
>
>BTW: I also have an issue with tapping phones, logging connection data,
>logging private communication, etc.
>
>Volker
>
>Am 20.01.2014 18:36, schrieb Bob Bruen:
>> Hi Volker,
>>
>> Law Enforcement has been compaining for years about access to whois
>> and still do. This is just an obstacle thrown up to slow down finding
>> who the bad actors are. Getting court orders and warrants just to see
>> who owns a domain (commercial) is way out there. The information was
>> intended to be public in the first place.
>>
>> It appears that you have decided that the general public does not
>> deserve access to public whois data. Again, I do not know what to say
>> to something so extreme.
>>
>>                --bob
>>
>>
>> On Mon, 20 Jan 2014, Volker Greimann wrote:
>>
>>> No identities of criminals are effectively protected by privacy
>>> services, provided they are required to reveal such
>>> identities to law enforcement of appropriate jurisdiction.
>>>
>>> Private individuals, vigilantes or other interested parties on the
>>> other hand have no real legitimate interest to receive
>>> data on alleged criminals data unless they want to take matters best
>>> left to LEAs into their own hands.
>>>
>>> There is a reason why even criminals have the right to privacy and
>>> not to have their full names and likenesses published.
>>> Heck, in Japan, TV stations even mosaic handcuffs of suspects.
>>>
>>> Volker
>>>
>>>
>>>       Hi Tim,
>>>
>>>       The harm is protecting the identities of criminnals. And I
>>> consider undermining whois a harm, as well
>>>
>>>                           --bob
>>>
>>>
>>>       On Mon, 20 Jan 2014, Tim Ruiz wrote:
>>>
>>>             What are the problems commercial entities that use p/p
>>> have caused?
>>>
>>>                   On Jan 20, 2014, at 8:11 AM, "Bob Bruen"
>>> <bruen at coldrain.net> wrote:
>>>
>>>
>>>                   Hi Volker,
>>>
>>>                   I was merely responding to Stephanie's comments
>>> about the difficulties, not advocating a
>>>                   position.
>>>
>>>                   However, as you are aware, I do advocate barring
>>> commercial entities from using p/p,
>>>                   because the use has already caused harm and we
>>> should fix that. The providers created
>>>                   the problem in the first place, so allowing them to
>>> continue to control it simply
>>>                   continues the problem.
>>>
>>>                   The discussion of all this is the point of this
>>> group (and other groups).
>>>
>>>                                     --bob
>>>
>>>                         On Mon, 20 Jan 2014, Volker Greimann wrote:
>>>
>>>                         I agree that it would be possible to bar
>>> commercial entities from using p/p
>>>                         services, however I am not sure it is the
>>>                         sensible thing to do. Certainly, there is
>>> abuse, but by creating a blanket
>>>                         prohibition, i fear more damage will be done to
>>>                         legitimate interests than good is done to
>>> illegitimate ones.
>>>                         In the end it should be up to the provider
>>> which categories of clients it
>>>                         accepts.
>>>                         Volker
>>>                         Am 20.01.2014 02:08, schrieb Bob Bruen:
>>>
>>>                              Hi Stephanie,
>>>
>>>                              It is entirely possible to decide to bar
>>> commercial entities, create a
>>>                         definition of "comercial entities" and
>>>                              then deal with those which appear to
>>> problematical.
>>>
>>>                              The fraudsters probably will not be a
>>> set up as a legitimate bussiness,
>>>                         but their sites can be identified as
>>>                              spam, malware, etc types and thus taking
>>> money, therefore a business. I
>>>                         am sure there are other methods to deal
>>>                              with problem domain names.
>>>
>>>                              In general, exceptions or problems
>>> should not derail a process.
>>>
>>>                                                    --bob
>>>
>>>                              On Sun, 19 Jan 2014, Stephanie Perrin
>>> wrote:
>>>
>>>                                    I dont want to keep beating a dead
>>> horse here....but if there is
>>>                         a resounding
>>>                                    response of "yes indeed, bar
>>> commercial entities from using P/P
>>>                         services", then
>>>                                    how are you going to propose that
>>> p/p proxy service providers
>>>                         determine who is a
>>>                                    commercial entity, particularly in
>>> jurisdictions which have
>>>                         declined to regulate
>>>                                    the provision of goods and
>>> services over the Internet?  I don't
>>>                         like asking
>>>                                    questions that walk us into
>>> corners we cannot get out of.  Do the
>>>                         fraudsters we
>>>                                    are worried about actually apply
>>> for business numbers and
>>>                         articles of
>>>                                    incorporation in the jurisdictions
>>> in which they operate?  I
>>>                         operate in  a
>>>                                    jurisdiction where this
>>> distinction is often extremely difficult
>>>                         to make.  THe
>>>                                    determination would depend on the
>>> precise use being made of the
>>>                         domain
>>>                                    name....which gets ICANN squarely
>>> into content analysis, and
>>>                         which can hardly be
>>>                                    done for new registrations, even
>>> if t were within ICANN's remit.
>>>                         I am honestly
>>>                                    not trying to be difficult, but I
>>> just have not heard a good
>>>                         answer to this
>>>                                    problem.
>>>                                    Stephanie Perrin
>>>                                    On 2014-01-19, at 4:38 PM, Holly
>>> Raiche wrote:
>>>
>>>                                          Jin and all
>>>                                    I agree with Jim here (and Don
>>> earlier).  The important task here
>>>                         is
>>>                                    agreeing on the questions to be
>>> asked of the SO/ACs.  So we need
>>>                         to get
>>>                                    back to framing the questions -
>>> not answering them, however
>>>                         tempting that
>>>                                    may be.
>>>
>>>                                    So the question of whether
>>> 'commercial entities' should be barred
>>>                         is still
>>>                                    a useful question to ask. The next
>>> question would be whether
>>>                         there are
>>>                                    possible distinctions that should
>>> be drawn between an entity that
>>>                         can use
>>>                                    the service and one that can't
>>> and, if so, where is the line
>>>                         drawn. I agree
>>>                                    with the discussion on how
>>> difficult that will be because many
>>>                         entities
>>>                                    that have corporate status also
>>> have reasonable grounds for
>>>                         wanting the
>>>                                    protection of such a service
>>> (human rights organisations or
>>>                         women's refuges
>>>                                    come to mind).   But that is the
>>> sort of response we are seeking
>>>                         from
>>>                                    others outside of this group - so
>>> let's not prejudge answers.
>>>                         Let's only
>>>                                    frame the questions that will help
>>> us come to some sensible
>>>                         answers.
>>>                                     Otherwise, we'll never get to the
>>> next steps.
>>>
>>>                                    And my apologies for the next
>>> meeting.  I have a long day ahead
>>>                         on
>>>                                    Wednesday (Sydney time) and taking
>>> calls at 2.00am won't help.
>>>                         So Ill read
>>>                                    the transcript and be back in a
>>> fortnight (2 weeks for those who
>>>                         do not use
>>>                                    the term)
>>>
>>>                                    Holly
>>>
>>>                                    On 16/01/2014, at 5:39 AM, Jim
>>> Bikoff wrote:
>>>
>>>                                          Don and all,
>>>
>>>                                    As we suggested earlier, and
>>> discussed in the last Group
>>>                                    teleconference, it might be
>>> helpful, as a next step, if we
>>>                         reached a
>>>                                    consensus on the groups of
>>> questions before sending them out to
>>>                                    SO/ACs and SG/Cs.
>>>
>>>                                    This would involve two steps:
>>> First, agreeing on the name of each
>>>                                    group; and second, streamlining
>>> the questions in each group.
>>>
>>>                                    In the first step, we could
>>> consider alternative headings
>>>                         (perhaps
>>>                                    REGISTRATION instead of
>>>MAINTENANCE).
>>>
>>>                                    And in the second step, we could
>>> remove duplicative or vague
>>>                                    questions.
>>>
>>>                                    This crystallization would make
>>> the questions more approachable,
>>>                         and
>>>                                    encourage better responses.
>>>
>>>                                    I hope these ideas are helpful.
>>>
>>>                                    Best,
>>>
>>>                                    Jim
>>>
>>>                                    James L. Bikoff
>>>                                    Silverberg, Goldman & Bikoff, LLP
>>>                                    1101 30th Street, NW
>>>                                    Suite 120
>>>                                    Washington, DC 20007
>>>                                    Tel: 202-944-3303
>>>                                    Fax: 202-944-3306
>>>                                    jbikoff at sgbdc.com
>>>
>>>
>>>
>>>                                    From: Don Blumenthal
>>> <dblumenthal at pir.org>
>>>                                    Date: January 14, 2014 11:09:23 AM
>>> EST
>>>                                    To: PPSAI
>>> <gnso-ppsai-pdp-wg at icann.org>
>>>                                    Subject: [Gnso-ppsai-pdp-wg]
>>> Carlton's closing chat question
>>>                                          Carlton posted an issue that
>>> shouldn¹t wait a week:
>>>
>>>                                    ³John came up with 4 groups. Do we
>>> have a notion that others
>>>                                    might be extracted?  And where do
>>> we include/modify questions
>>>                                    to address Stephanie's issue?"
>>>
>>>                                    Jim had four groups and an
>>> umbrella Main category, which may be
>>>                                    instructive in itself in guiding
>>> how we proceed
>>>                                    organizationally. Regardless, the
>>> consensus of commenters has
>>>                                    been that his document is a
>>> significant improvement over where
>>>                                    we were before, and I suggest that
>>> we use it as a baseline.
>>>                                    However, we still have work to do
>>> on it. Feel free to suggest
>>>                                    modifications.
>>>
>>>                                    Don
>>>
>>> _______________________________________________
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>>> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>>>
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>>>
>>>                   --
>>>                   Dr. Robert Bruen
>>>                   Cold Rain Labs
>>>                   http://coldrain.net/bruen
>>>                   +1.802.579.6288
>>> _______________________________________________
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>>>
>>>
>>>
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>>>
>>>
>>
>
>-- 
>Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.
>
>Mit freundlichen Grüßen,
>
>Volker A. Greimann
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