[gnso-rds-pdp-purpose] Team outputs - Summaries

Wed Apr 20 03:23:39 UTC 2016

Sorry for jumping in late, but here's one more summary that I believe is relevant to the analysis of purpose:
DESCRIPTION OF 2013 RAA DATA RETENTION SPECIFICATION DATA ELEMENTS AND POTENTIALLY LEGITIMATE PURPOSES FOR COLLECTION/RETENTION DISCUSSION DRAFT ONLY
21 March 2014
This document goes through the data elements required in each section of the 2013 RAA DATA RETENTION SPECIFICATION (Sections 1.1.1 - 1.2.3) and provides potentially legitimate purposes for collection/retention of such data.  In most cases, where the data is for Registrar use, legitimate purposes provided are: administration of contracts with registrant, billing, billing disputes, chargebacks, fraud prevention, to address hijacking, theft, slamming and to facilitate resolution of transfer disputes in accordance with the TDRP.  Where the data is to be made public (i.e., WHOIS), legitimate purposes provided are: to address hijacking, theft, slamming and to facilitate resolution of transfer disputes in accordance with the TDRP, abuse mitigation, facilitating domain name purchases and sales.
This document concludes by noting that, although law enforcement and IP concerns may not be recognized per se as legitimate purposes under the laws of some EU Member States, even law enforcement officials from various EU Member States (as well as Interpol) were strong advocates of collection and retention of data outlined in the DATA RETENTION SPECIFICATION.  So, despite the differing views that may exists between privacy advocates from some government agencies and law enforcement and proprietary rights advocates from other agencies (all in the same jurisdiction), if data is retained for legitimate purposes, law enforcement's ability to access such data will likely be determined under applicable local law, e.g., pursuant to a valid subpoena or court order.
Thanks,
Fab
Fabricio Vayra | Perkins Coie LLP
PARTNER
700 Thirteenth Street, N.W. Suite 600
Washington, DC 20005-3960
D. +1.202.654.6255
F. +1.202.654.9678
E. FVayra at perkinscoie.com<mailto:FVayra at perkinscoie.com>
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From: gnso-rds-pdp-purpose-bounces at icann.org [mailto:gnso-rds-pdp-purpose-bounces at icann.org] On Behalf Of Susan Kawaguchi
Sent: Tuesday, April 19, 2016 6:40 AM
To: Gnso-rds-pdp-purpose at icann.org
Subject: [gnso-rds-pdp-purpose] Team outputs - Summaries

During the 20 April RDS PDP WG call, each team will be asked to report on its progress and share preliminary thoughts about the questions posed during last week?s WG call. To kick-start this discussion, I ask that each of you try to answer this question:

Which top 5 inputs summarized by this team are likely to be the most helpful to this PDP and why?

For example, does the input define potential requirements that this WG should take into consideration during phase 1 of this PDP? Does the input identify dependencies that will shape our work plan?

The following are personal choices and I am using these as an example of what we need to discuss BUT each sub team member needs to provide their input.

WHOIS Policy Review Team Final Report<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_final-2Dreport-2D11may12-2Den.pdf&d=CwMFAg&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=6lUxzkhJPN5qts-Nve5TYqxoGjP81z1kCvXgsmw-MiQ&m=lgvxjdM0Yp7ua3caLXyByFIyUvsMRfX_nMTVgM_Q__Q&s=DJi3vyoM-JszHGHcKGy8OG-lmHxC8_NG3rpqIJg1u-M&e=> (2012)

SAC055, WHOIS: Blind Men and an Elephant<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_sac-2D055-2Den.pdf&d=CwMFAg&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=6lUxzkhJPN5qts-Nve5TYqxoGjP81z1kCvXgsmw-MiQ&m=lgvxjdM0Yp7ua3caLXyByFIyUvsMRfX_nMTVgM_Q__Q&s=oFE_2YwzyKyGL1kPkQK8OsHelZmzZM2VO21ddPdFS0A&e=> (September 2012)

EWG Recommendations for a Next-Generation RDS<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_final-2Dreport-2D06jun14-2Den.pdf&d=CwMFAg&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=6lUxzkhJPN5qts-Nve5TYqxoGjP81z1kCvXgsmw-MiQ&m=lgvxjdM0Yp7ua3caLXyByFIyUvsMRfX_nMTVgM_Q__Q&s=k_iFJuccDQcQUNKTu3eMAXj7AWVybHAKWTZrbiZsVpE&e=>, especially

1.      Section 3, Users and Purposes

2.      Annex C, Example Use Cases
Annex A, Board Questions

    Registrar Accreditation Agreement<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_approved-2Dwith-2Dspecs-2D2013-2D09-2D17-2Den&d=CwMFAg&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=6lUxzkhJPN5qts-Nve5TYqxoGjP81z1kCvXgsmw-MiQ&m=lgvxjdM0Yp7ua3caLXyByFIyUvsMRfX_nMTVgM_Q__Q&s=M1sEyn6IGKhd-bY2vPZw2jAyiAlOjZzoGrhqEZhK7xI&e=> (2013)

Our team will have an opportunity to share initial answers during the WG call. Please reply to this list today with your own initial thoughts so that we can prepare to contribute to discussion during the WG call. We will not be expected to have a team-agreed answer this week, but we need to at least begin this discussion.Gnso-rds-pdp-purpose at icann.org<mailto:discussion.Gnso-rds-pdp-purpose at icann.org> <Gnso-rds-pdp-purpose at icann.org<mailto:Gnso-rds-pdp-purpose at icann.org>>

Looking forward to a lively discussion.
Susan Kawaguchi
Domain Name Manager
Facebook Legal Dept.

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