[Gnso-rds-pdp-6] [gnso-rds-pdp-6] revised draft

Victoria Sheckler vsheckler at riaa.com
Thu Oct 26 13:20:24 UTC 2017 

Updated document

From: Victoria Sheckler
Sent: Wednesday, October 25, 2017 10:51 AM
To: 'farzaneh badii' <farzaneh.badii at gmail.com>; Chuck <consult at cgomes.com>
Cc: RDS PDP DT6 <gnso-rds-pdp-6 at icann.org>
Subject: RE: [Gnso-rds-pdp-6] [gnso-rds-pdp-6] revised draft

I don’t think those changes work.  First, entities should be included (I think that was just a typo when you stuck the parenthetical).  Second, my sense is that we would be better served both within the RDS and in connection with privacy authorities to provide the examples of common purposes, which are the items in the examples.   I would NOT include blasphemous as an example in the purpose statement b/c, based on what you’ve told us, we don’t have a sense at this stage how common an occurrence that is, and my preference is to only cite to what we know are common, every day uses of RDS data for legal actions.   I’m ok with expanding the relevant paragraph in item 2 to include it as follows (with the addition in bold/italics):


  *   LEA, prosecutors, or other governmental actors to investigate and enforce against possible criminal activity associated with the domain of interest or its registrant.  This has been used, for example, to investigate cybercrimes, money laundering, and sexual exploitation of children. There is also anecdotal evidence of LEA in certain countries using registrant data to investigate and/or prosecute possible crimes committed by journalists or protesters who have registered the domain of interest, such as for blasphemy.

Alternatively, I guess you could add this parenthetical to the purpose statement to address the concern, so that the purpose statement would read as follows (with the addition in bold/italics), but I not favor this approach.

The “legal actions” purpose of RDS includes assisting certain parties or their legal representatives or agents to investigate and enforce civil and criminal laws, protect recognized legal rights, address online abuse or contractual compliance matters, or to assist parties defending against these kinds of activities as a matter of due process.   Such investigation and enforcement might include informal or formal investigations by private individuals or entities (e.g. business users to protect against consumer deception or fraud, IP owners to protect their rights, operational security or anti-abuse or reputational professionals to assist with investigations that may lead to litigation), governmental or quasi-governmental bodies relating to civil enforcement matters (e.g. consumer protection, fraud, tax evasion), or law enforcement agents or prosecutors relating to criminal enforcement (e.g. for crimes related to cybercrime, money laundering; sexual exploitation of children or in some countries in some contexts, for blasphemy).  “Legal action” spans all stages and forums associated with these activities, including: investigative stages; communications with registrants, registration authorities or hosting providers, or administrative or technical personnel relevant to the domain at issue; arbitrations; civil litigations (private or public); and criminal prosecutions.


From: farzaneh badii [mailto:farzaneh.badii at gmail.com]
Sent: Tuesday, October 24, 2017 9:41 PM
To: Chuck <consult at cgomes.com<mailto:consult at cgomes.com>>
Cc: Victoria Sheckler <vsheckler at riaa.com<mailto:vsheckler at riaa.com>>; RDS PDP DT6 <gnso-rds-pdp-6 at icann.org<mailto:gnso-rds-pdp-6 at icann.org>>
Subject: Re: [Gnso-rds-pdp-6] [gnso-rds-pdp-6] revised draft

Hi Vicky,

Thanks for this. I don't think making examples in the purpose is a good idea and as I suggested in the call purpose should be broader. I suggest removing all the examples:

The “legal actions” purpose of RDS includes assisting certain parties or their legal representatives or agents to investigate and enforce civil and criminal laws, protect recognized legal rights, address online abuse or contractual compliance matters, or to assist parties defending against these kinds of activities as a matter of due process.   Such investigation and enforcement might include informal or formal investigations by private individuals or entities (e.g. business users to protect against consumer deception or fraud, IP owners to protect their rights, operational security or anti-abuse or reputational professionals to assist with investigations that may lead to litigation), governmental or quasi-governmental bodies relating to civil enforcement matters (e.g. consumer protection, fraud, tax evasion), or law enforcement agents or prosecutors relating to criminal enforcement.  “Legal action” spans all stages and forums associated with these activities, including investigative stages; communications with registrants, registration authorities or hosting providers, or administrative or technical personnel relevant to the domain at issue; arbitrations; civil litigations (private or public); and criminal prosecutions.

If you don't agree, then we need to put the prosecution of civil rights activists, those accused of blasphemy etc as examples too.

Also in the annex, I was wondering if it would be possible to add my example to the table on page four, in the first row
 : Law enforcement in some countries use WHOIS data to identify protesters and journalists and website owners with “blasphemous” content and to take legal action against them.

I'll be packing and traveling tomorrow, will have intermittent access to Internet and laptop.

Best
Farzaneh

On Tue, Oct 24, 2017 at 7:48 AM, <consult at cgomes.com<mailto:consult at cgomes.com>> wrote:
Thanks for doing this Vicky & Griffin.  Note that what I numbered 4 in our tasks is the first item on the template so it will just have to be moved up.

All:  Please review and comment on this no later than midday tomorrow, Wednesday.

Chuck

From: gnso-rds-pdp-6-bounces at icann.org<mailto:gnso-rds-pdp-6-bounces at icann.org> [mailto:gnso-rds-pdp-6-bounces at icann.org<mailto:gnso-rds-pdp-6-bounces at icann.org>] On Behalf Of Victoria Sheckler
Sent: Monday, October 23, 2017 3:52 PM
To: gnso-rds-pdp-6 at icann.org<mailto:gnso-rds-pdp-6 at icann.org>
Subject: [Gnso-rds-pdp-6] [gnso-rds-pdp-6] revised draft

All, please see the attached revised draft in light of our call today.  Please note:


  *   In order to address Farzaneh’s concern, we revised the description of the LEA component to read as follows under section 2:  “LEA, prosecutors, or other governmental actors to investigate and enforce against possible criminal activity associated with the domain of interest or its registrant.  This has been used, for example, to investigate cybercrimes, money laundering, and sexual exploitation of children. There is also anecdotal evidence of LEA in certain countries using registrant data to investigate and/or prosecute possible crimes committed by journalists or protesters who have registered the domain of interest.”
  *   We reworked the purpose definition (item 4) somewhat, but after review, I at least still think that having more description is better at this time.
  *   The main part of the document (excluding item 4 – our bonus effort 😉) is now 2 pages.  It also has an annex as we discussed earlier.

I hope this works for purposes of Saturday’s meeting.



Regards,

Vicky





From: gnso-rds-pdp-6-bounces at icann.org<mailto:gnso-rds-pdp-6-bounces at icann.org> [mailto:gnso-rds-pdp-6-bounces at icann.org] On Behalf Of Marika Konings
Sent: Monday, October 23, 2017 1:58 PM
To: gnso-rds-pdp-6 at icann.org<mailto:gnso-rds-pdp-6 at icann.org>
Subject: [Gnso-rds-pdp-6] Notes & action items DT6

Dear All,

Please find below the notes and action items from today’s DT6 meeting.

Best regards,

Marika

Notes & Action items DT6 meeting on Monday 23 October 2017

1.            Roll call

  *   On today's call: Chuck Gomes, Farzaneh Badii, Griffin Barnett, Roger Carney, Vicky Sheckler, Paul Keating.

2.            Review, discuss and confirm support and understanding of all input to date.

  *   See version circulated by Chuck on Saturday
  *   Ideally keep final document to max 2 pages for sharing with full WG. Most of Chuck's suggestions focused on trimming document down and possibly move some of it to an annex.
  *   Deliverable will follow the template - transmittal message does not need to be included in the template.
  *   Is legal action limited to private action, or could also include governmental or criminal prosecution? Need to decide on how broad the scope would be, also note that other DT may also cover some of these. Better to go broader, even if there is overlap.
  *   See suggestion from Farzaneh sent to the mailing list to add an additional category - Identify journalists, protesters and civil rights activists and bring them to court.
  *   Could consider having abbreviated version of the tasks in the template (bulleted or numbered list) and move some of the details into an annex.
  *   'TBD' - part may indeed be covered by DTs so would be good to flag.
  *   All to review the list under item 2 (describe the parties who often access gTLD registration data in pursuit of legal purposes) and add as appropriate. Agreement to move details to annex and keep high level summary as part of the template.
  *   Important to treat all use cases equally
  *   The list of people listed as needing access do not include defense counsel or those facing the charges being brought.
  *   Part 3 - suggestion to leave the data elements in the template, just consider shortening purpose description if/where possible.
  *   Consider combining technical contact info to shorten section.
  *   Part 4 - edits included are suggestions to shorten this section. Consider leaving it more detailed for the discussion at ICANN60 and then cut it down. Not clear that there will be another version, but ok to leave it with some more detail. This section will need to be updated to reflect other uses that are recognised in the other part of the document. Consider making this more general? Does this include too many examples, isn't the purpose: to assist litigants, their counsel and experts protect recognized legal rights or defend against claims levied against them? Need to also cover non-formal legal actions (ADR, etc). Then follow with a couple of examples, just to provide an illustration.

Action item #1: Staff to resend the version that Chuck circulated
Action item #2: All to review the latest version and share comments / edits

3.            Identify a volunteer to perform final edits and prepare a draft deliverable for DT review.

Action item #3: Vicky and Griffin to produce next iteration based on input received during the call and on list for DT review by mid-day tomorrow (Tuesday)

Action item #4: DT members to review updated version once circulated by Vicky and Griffin within 24 hours.

Action item #5: Chuck to decide by end of Wednesday whether another call is needed on Thursday.

Action item #6: Volunteer to provide 2-3 minute overview of the findings of the DT during the WG F2F sessions at ICANN60: Griffin Barnett (backup: Vicky Sheckler, remote)

4.            Timeline
   a.         Items 3 – not later than midday Tuesday (tomorrow)
   b.         List discussion & input on item 3 – midday Tuesday to midday Wednesday
   c.          Confirm support & understanding – Wednesday afternoon
   d.         Cancel Thursday call if not needed – Wednesday evening
5.            Thursday call to finalize deliverable (if needed): 1300 UTC (9 am EDT

Marika Konings
Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.


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