[gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017

Chris Pelling chris at netearth.net
Wed May 17 18:04:54 UTC 2017


Paul,




As I said, we won't agree on it.  Thus no point wasting our time.




I stated in my last reply the problem with archived data.




So let's agree to disagree please.




Sent from Chris on the move!







On Wed, May 17, 2017 at 6:45 PM +0100, "Paul Keating" <Paul at law.es> wrote:










So you are opposed to historical data?
The GDPR deals only with personal data. It does not cover anyone else.  It also only restricts use and deals with consents as to such use.
Can you please explain your concerns about historical data?
PRK
From:  Chris Pelling <chris at netearth.net>
Date:  Wednesday, May 17, 2017 at 7:33 PM
To:  Paul Keating <paul at law.es>
Cc:  Greg Shatan <gregshatanipc at gmail.com>, Volker Greimann <vgreimann at key-systems.net>, gnso-rds-pdp-wg <gnso-rds-pdp-wg at icann.org>
Subject:  Re: [gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017

Paul,

It is simply not "current" data - that's the main issue apart from it being storage of information.

Anyhow, as mentioned we would not see eye to eye on this, and hence my point of no further debate between us.

I won't be wasting more time on it - thin data meaning, DNS servers, registrar, status's , dates fine, nothing else. 

Sent from Chris on the move!



On Wed, May 17, 2017 at 6:21 PM +0100, "Paul Keating" <Paul at law.es> wrote:

Chris,
I simply don’t understand your response.
The date on Dtools is a duplication of the actual published WHOIS (along with other data).  So there is no way that what is listed in Dtools is not correct.  It is what was entered by the registrant and nothing more.
I realize that there are people out there that don’t like the fact that their registration data is public.  However, that is the case at any WHOIS source and not simply companies like Dtools.
There is great benefit to the debate and a throw-away comment like “agree to disagree” is of little value to reaching a consensus – at least IMHO.

From:  Chris Pelling <chris at netearth.net>
Date:  Wednesday, May 17, 2017 at 7:02 PM
To:  Paul Keating <paul at law.es>
Cc:  Greg Shatan <gregshatanipc at gmail.com>, Volker Greimann <vgreimann at key-systems.net>, gnso-rds-pdp-wg <gnso-rds-pdp-wg at icann.org>
Subject:  Re: [gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017

Paul,
I totally disagree with you with regards "whats the problem with harvesting" - just the other day as an example we ended up spending an hour telling a registrant that information held by domaintools is not correct - just because they say it is.  Even providing a whois from the registry to the registrant was not proof enough.
There is no point debating that though as we will simply disagree.
Kind regards,

Chris
From: "Paul Keating" <Paul at law.es>
To: "Greg Shatan" <gregshatanipc at gmail.com>, "Volker Greimann" <vgreimann at key-systems.net>
Cc: "gnso-rds-pdp-wg" <gnso-rds-pdp-wg at icann.org>
Sent: Wednesday, 17 May, 2017 17:13:55
Subject: Re: [gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017

What is the problem with harvesting?
This is public  data.  There is no Intellectual Property right in the data itself.
Asking for ME.
Paul
From:  <gnso-rds-pdp-wg-bounces at icann.org> on behalf of Greg Shatan <gregshatanipc at gmail.com>
Date:  Wednesday, May 17, 2017 at 6:02 PM
To:  Volker Greimann <vgreimann at key-systems.net>
Cc:  RDS PDP WG <gnso-rds-pdp-wg at icann.org>
Subject:  Re: [gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017

Why do we want to prevent harvesting? Asking for a friend.




Greg
Shatan
C: 917-816-6428

S: gsshatan
gregshatanipc at gmail.com


On Wed, May 17, 2017 at 11:58 AM, Volker Greimann <vgreimann at key-systems.net> wrote:




  
    

I can see dozens of legitimate reasons for restricting access
      that are not related to the efficiencies of the data retrieval
      system, first of which is harvesting prevention. 

    
    

Volker

    
    

    Am 17.05.2017 um 17:55 schrieb Paul
      Keating:

    
    
      “There must be no RDS policies that
            prevent RDS operators from applying operational controls
            such as rate limiting and CAPTCHA, provided that they do not
            unreasonably restrict legitimate access.“, 
      

        
      Caveat.  The rate controls must
          be related to controlling the efficiiciencies of the
          underlying data retrieval system and not for o there purposes.
      

        
      PRK
      
        From:  <gnso-rds-pdp-wg-bounces at icann.org>
          on behalf of Amr Elsadr <amr.elsadr at icann.org>

          Date:  Wednesday, May
          17, 2017 at 9:48 AM

          To:  "gnso-rds-pdp-wg at icann.org"
          <gnso-rds-pdp-wg at icann.org>

          Subject: 
          [gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from
          Next-Generation RDS PDP Working Group Call - 17 May 2017

        
        

        
        
          





            
              
                

Dear
                    Working Group Members,
                

 
                

Please
                    find below the action items and notes from today’s
                    Working Group call.
                

 
                

Thanks.
                

 
                

Amr
                
                  

 
                
                

 
                

These
                      high-level notes are designed to help PDP WG
                      members navigate through the content of the call
                      and are not meant as a substitute for the
                      transcript and/or recording. The MP3, transcript,
                      and chat are provided separately and are posted on
                      the wiki here: 
                        https://community.icann.org/x/HMPRAw
                

 
                

Action
                      Items:
                

 
                

1.
                    Newcomers to RSVP to Newcomer Tutorial invitation if
                    you plan to attend
                

2.
                    Staff to launch poll the test revised item 2) in
                    statement
                      of purpose and revised 2 May agreement:
                

a. The test revised item 2)
                    in
                    statement
                      of purpose: "2) A purpose of RDS is to
                    facilitate dissemination of gTLD registration data
                    of record, such as domain names and their domain
                    contacts and name servers, in accordance with
                    applicable policy.”
                

b. Revised 2 May agreement:
                    "gTLD registration "thin data" must be accessible
                    without requestor identification, authentication, or
                    stated purpose"
                

WG members to participate
                    in poll by COB Saturday 20 May.
                

3.
                    Rod Rasmussen and Vaibhav Aggarwal to work together
                    to define what "unreasonably restrict legitimate
                    access" means in the context of this statement
                    “There must be no RDS policies that prevent
                        RDS operators from applying operational controls
                        such as rate limiting and CAPTCHA, provided that
                        they do not unreasonably restrict legitimate
                        access.“, and propose that definition to
                    WG mailing list, preferably before next week's WG
                    call
                

 
                

Notes:
                

 
                

1)
                    Roll Call/SOI Updates
                
                  Attendance will be taken
                      from AC
                  Please remember to state
                      your name before speaking and remember to mute
                      your microphones when not speaking
                  SOI updates: none
                
                

2)
                    Brief updates

                    a) Newcomer tutorial plans:
                
                  Tuesday 23 May,
                      immediately following WG Call
                  Recording to be available
                      for on-demand replay
                
                

Action
                      Item: Newcomers
                    to RSVP to Newcomer Tutorial invitation if you plan
                    to attend
                

b)
                    ICANN59 meeting plans:
                
                  Monday 26 June
                      Cross-Community Session on RDS
                  Tuesday 27 June
                      Face-to-Face RDS PDP WG Session
                
                

3)
                    Review proposed-final definition(s) to replace
                    "authoritative" in Statement of Purpose, Item 2):
                
                  https://community.icann.org/download/attachments/64078620/DataOfRecord-Proposal.pdf
                  Recommendation on how to
                      proceed with replacement term for "authoritative"
                  Starting with poll
                      results from 28 March for Statement of Purpose
                      item 2) - substitute term "Data of Record" so that
                      item will read:
                  "2) A purpose of RDS is
                      to facilitate dissemination of gTLD registration
                      data of record, such as domain names and their
                      domain contacts and name servers, in accordance
                      with applicable policy.”
                  Definition: "the data set
                      at a given time relevant to a given registration
                      object that expresses the data provided in the
                      then-current registration for that object.”
                  Can still later consider
                      "source of record" but does not appear needed to
                      convey intent of this item in the statement of
                      purpose
                
                

Proposed
                      WG Agreement (to test with poll): "2) A purpose of RDS is to
                    facilitate dissemination of gTLD registration data
                    of record, such as domain names and their domain
                    contacts and name servers, in accordance with
                    applicable policy.” (including footnoted definition
                    above)
                

4)
                    Continue deliberation on the charter question 5:
                    What steps should be taken to control "thin data"
                    access?
                
                  See handout https://community.icann.org/download/attachments/64078620/Charter%20Question%205%20-%20Handout%20-%20For17MayCall%20v2.pdf
                  Full results available
                      at https://community.icann.org/download/attachments/64078620/SummaryResults-Poll-from-9MayCall.pdf
                
                

a)
                    Is "thin data" access authentication required or
                    allowed?
                
                  Proposed answer: Based on
                      Poll Question 2) Option e)
                  "Thin data elements must
                      be accessible without requestor authentication."
                  With 33 responses, option
                      e) had greatest support and least opposition - but
                      not rough consensus
                  Does "inquirers
                      identifying themselves" or "authentication" imply
                      a person rather than a machine making the request?
                  First proposed change
                      "gTLD registration "thin data" should be
                      accessible without inquirer identification or
                      stating purpose".
                  Consider combining option
                      e) with this agreement, and using "requestor"
                      instead of "inquirer" for consistency
                  Revised/combined proposed
                      change "gTLD registration "thin data" must be
                      accessible without requestor identification,
                      authentication, or stated purpose".
                
                

Proposed
                      WG Agreement (to test with poll): "gTLD registration "thin
                    data" must be accessible without requestor
                    identification, authentication, or stated purpose".
                

b)
                    Is "thin data" access anonymity required or allowed?
                
                  Proposed answer: Based on
                      Poll Question 2) Comment 9:
                  "Access to thin
                      registration data must be provided to anonymous
                      requestors."
                  Does anyone think we must
                      refer to anonymity or is proposed agreement in a)
                      sufficient?
                  Introduces a new term
                      that may be problematic. 
                  Why do we need to define
                      anonymous now? Thick data for LEA we may need to
                      define anonymous and untraceable and a whole slew
                      of things but we are only on thin data now, right?
                  The current proposal
                      (under a above) says what the requestor does _not_
                      have to give, rather than trying to create an
                      attribute of the requestor
                
                

c)
                    Do we need to define "authentication"?
                
                  We might need to define
                      it later (since we say that there is no
                      authentification required for thin data) - may
                      need to define it for thick data
                  Is "according to policy"
                      implicit in WG agreements? We haven't yet agreed
                      on specific "thin data" elements yet
                
                

Action
                      Item: Staff
                    to launch poll the test revised item 2) in statement
                    of purpose and revised 2 May agreement (the two
                    Proposed WG Agreements above). WG members to
                    participate in poll by COB Saturday 20 May.
                

d)
                    Should policies allow or prevent application of
                    operational controls?
                
                  Rough consensus WG
                      Agreement (75%) on Poll Question 3):
                  "There must be no RDS
                        policies that prevent RDS operators from
                        applying operational controls such as rate
                        limiting and CAPTCHA, provided that they do not
                        unreasonably restrict legitimate access."
                  Need to define specific
                      policy for "reasonable" and "legitimate" during
                      Phase 2 of this PDP?
                  Is there a need for an
                      explicit statement like this? If the information
                      is public, is it necessary to limit to prevent
                      scraping? Or is rate limiting being used to limit
                      legitimate access - can't ignore this
                      gaming/artificial limit possibility.
                  Note 2013 RAA 3.3.5
                      states "Registrar shall permit use of data it
                      provides in response to queries for any lawful
                      purposes except to...(b) enable high volume,
                      automated, electronic processes that send queries
                      or data to the systems of any Registry Operator or
                      ICANN-Accredited registrar, except as reasonably
                      necessary to register domain names or modify
                      existing registrations."
                  Perhaps rather than
                      saying something about rate-limiting per se, we
                      need an SLA about the level of access that must be
                      supported.
                  Remaining silent on this
                      point may lead to policies that interfere with use
                      of operational controls - but using "unreasonably
                      restrict legitimate access" may leap this too open
                      ended
                  Agreed to put this rough
                      consensus point on hold, pending definition of
                      what "unreasonably restrict legitimate access"
                      means
                
                

Action
                      Item: Rod
                    Rasmussen and Vaibhav Aggarwal to work together to
                    define what "unreasonably restrict legitimate
                    access" means in the context of this statement and
                    propose that definition to WG mailing list,
                    preferrably before next week's WG call.
                

e)
                    Review all of charter question 5 sub-questions with
                    goal to complete first pass deliberation on "thin
                    data" access in May
                
                  DEFERRED TO 23
                      MAY WG MEETING
                
                

5)
                    Confirm action items and proposed decision points
                
                  Proposed WG Agreement
                        (to test with poll): "2) A purpose of RDS is
                      to facilitate dissemination of gTLD registration
                      data of record, such as domain names and their
                      domain contacts and name servers, in accordance
                      with applicable policy.” (including footnoted
                      definition above)
                  Proposed WG Agreement
                        (to test with poll): "gTLD registration "thin
                      data" must be accessible without requestor
                      identification, authentication, or stated
                      purpose".
                  Action Item: Newcomers to RSVP to
                      Newcomer Tutorial invitation if you plan to attend
                  Action Item: Staff to launch poll the
                      test revised item 2) in statement of purpose and
                      revised 2 May agreement (the two Proposed WG
                      Agreements above). WG members to participate in
                      poll by COB Saturday 20 May.
                  Action Item: Rod Rasmussen
                      and Vaibhav Aggarwal to work together to define
                      what "unreasonably restrict legitimate access"
                      means in the context of this statement and propose
                      that definition to WG mailing list, preferably
                      before next week's WG call.
                
                

6)
                    Confirm next meeting date: 23 May 2017 at 16:00 UTC
                

 
                

Meeting
                      Materials
                
                  Data
                          of Record Proposal
                  Charter
                          Question 5 - Handout - For17MayCall.pdf 
                  KeyConceptsDeliberation-WorkingDraft-9May2017.pdf and doc
                
                
                  9 May Call Poll Results
                        -
                    
                      PDF of
                          Poll Questions: Poll-from-9MayCall.pdf
                      SurveyMonkey
                          Summary Poll Results: SummaryResults-Poll-from-9MayCall.pdf
                      SurveyMonkey
                          Raw Data Poll Results: RawDataResults-Poll-from-9MayCall.zip and XLS
                    
                  
                
                

 
                

 
                

 
                

 
              
            
          
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