[gnso-rds-pdp-wg] FW: Now open: 18 January Poll on Purpose

Sun Jan 22 18:20:27 UTC 2017

I love your analogy Shane, it is perfect.  In data protection terms that 
would be a use.  For a legitimate purpose... sledding.  There might have 
to be repercussions if you cracked the lid....that might be a data breach:-)

I hate being a nit picker and calling out this distinction between 
purpose of collection as opposed to purpose for use and disclosure, but 
it is extremely important in terms of data protection.  Some laws are 
more clear than others on the distinction, and you are correct that if 
we are not careful DP laws will forbid the collection and disclosure of 
the data.  It is certainly clear that for collection of thin data, there 
is ample justification for collecting the info based on ICANN's limited 
mandate. However adding law enforcement and other similar website 
related investigative activities to the list of legitimate purposes is 
in my view opening a barn door.  After a year of discussion we may 
understand the nuance, that we are talking about thin data, etc etc but 
when the fruits of our labours are published, it looks like we have all 
agreed that law enforcement (eg) is a legitimate purpose for collecting 
registration data.  In my view, it is not.

cheers Stephanie

On 2017-01-22 04:03, Shane Kerr wrote:
> Greg,
>
> If we can say that not all legitimate purposes have to be catered for,
> then I agree with you. :)
>
> If we say that tracking down the registrar of a domain as part of
> trademark research is a legitimate purpose, that does not mean that we
> have to design the system for this purpose, right?
>
> To try an analogy: We can recognize that using the plastic top of a
> garbage can as a sled is legitimate, but we don't insist on designing
> lids with sledding in mind.
>
> Full disclosure: My own take on the "legitimate purpose" discussion
> with regards to "thin data" is that we need *some* purpose for both
> gathering and publishing the information, because otherwise privacy
> laws may prohibit companies from gathering or publishing it. Luckily I
> think that there are so many such purposes that the need for the
> information is indisputable.
>
> Jumping ahead... as I said in a prior call (sorry for missing ones since
> then), I would prefer that the information is then allowed for any
> purpose, without restriction, because otherwise you have to have not
> only tiresome rules about what is allowed but also the Internet Police
> to enforce those rules, which seems like a step towards Armageddon.
>
> Given that we're still talking about "thin data", which is basically
> just a pointer to a registrar who has *actual* data, my own
> recommendation is not to stress too much. This stuff is only very, very
> vaguely personally identifiable.
>
> Cheers,
>
> --
> Shane
>
> At 2017-01-21 14:51:29 -0500
> Greg Shatan <gregshatanipc at gmail.com> wrote:
>
>> I have to disagree.  These are legitimate purposes for collection, as well
>> as for disclosure.
>>
>> Greg
>>
>> On Fri, Jan 20, 2017 at 7:02 PM, Stephanie Perrin <
>> stephanie.perrin at mail.utoronto.ca> wrote:
>>
>>> I filled it out, but I am afraid for most of the purposes I could not
>>> agree.  We do not *collect *data for many of those purposes.  We disclose
>>> it to people for those purposes, but the purpose of collecting those data
>>> elements is not for tax collection, trademark enforcement actions, etc.
>>> This is the conflation issue I have raised repeatedly.
>>>
>>> Apologies if I did not make that point clear enough on the call.
>>>
>>> Stephanie Perrin
>>>
>>> On 2017-01-20 17:35, Gomes, Chuck wrote:
>>>
>>> Please note that our current poll ends in about 24 hours.  So far only 16
>>> people have responded.
>>>
>>>
>>>
>>> Chuck
>>>
>>>
>>>
>>> *From:* gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-
>>> bounces at icann.org <gnso-rds-pdp-wg-bounces at icann.org>] *On Behalf Of *Lisa
>>> Phifer
>>> *Sent:* Wednesday, January 18, 2017 1:50 PM
>>> *To:* RDS PDP WG <gnso-rds-pdp-wg at icann.org> <gnso-rds-pdp-wg at icann.org>
>>> *Subject:* [EXTERNAL] [gnso-rds-pdp-wg] Now open: 18 January Poll on
>>> Purpose
>>>
>>>
>>>
>>> Dear all,
>>>
>>> As directed in the 18 January WG call, this week's new Poll on Purpose is
>>> now open for WG member participation:
>>>
>>> https://www.surveymonkey.com/r/SZX9QJZ
>>>
>>> A PDF of this poll's questions and notes/recordings of the meeting are
>>> posted on the 18 January meeting page: https://community.icann.org/x/
>>> EbTDAw
>>>
>>> This poll will close at *COB Saturday 21 January 2017*.
>>>
>>> All WG members are encouraged to participate in this poll to help advance
>>> deliberation and prepare for next week's meeting.
>>>
>>> Best regards,
>>> Lisa
>>>
>>>
>>> _______________________________________________
>>> gnso-rds-pdp-wg mailing listgnso-rds-pdp-wg at icann.orghttps://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>>>
>>>
>>>
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>>> gnso-rds-pdp-wg at icann.org
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>>>   
>>>
>>>
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