[gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from 20 September Meeting

Paul Keating Paul at law.es
Thu Sep 21 15:27:33 UTC 2017 

Sam,

I am not trying to derail.

On the issue of purpose:  I want to make it clear that the entirety of the
purpose need not be satisfied by any specific data element.  Hence my
example of name, address, telephone, email, etc.  Each one assists with the
purpose but no one satisfies the purpose when viewed individually.

Listing of Purposes:  My point was to ensure that the list included all of
the relevant purposes (at least categorically).  Thus for example, “Legal
Action” should be “dispute resolution”.  Criminal investigation should be
“investigation”, etc.


As for the rest I am happy to let them be.

From:  Sam Lanfranco <sam at lanfranco.net>
Date:  Thursday, September 21, 2017 at 4:55 PM
To:  Paul Keating <paul at law.es>, <lisa at corecom.com>,
<gnso-rds-pdp-wg at icann.org>
Subject:  Re: [gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from 20
September Meeting

>     
>  
> 
> I don't like being on a comment roll here but I think we are on the cusp of
> issues that can divide and delay our work, or can be dealt with and expedite
> our work. In a form follows function approach (which we are using here) the
> data element conditional is "at least one purpose for collecting each data
> element in the MPDS" and purpose conditional is "must be sufficient for making
> that data element public".
>  
>  
> 
> In Paul's comments (below) he raises two concerns. The second is that
> additional purposes may emerge for the use of MPDS, purposes that have not
> been enumerated. So be it. So long as they are legal (which is a separate
> issue), so be it. If someone gets an idea to use the data for Sudoku, so be
> it. There is no issue there.
>  
>  
> 
> His first concern, that terms such as "legal action" are under defined (legal
> proceedings vs arbitration, infringement, etc.) is not an issue here. These
> are public MPDS and accessible to all, not for just the purpose used to make a
> data element part of the MPDS. If high school debate teams want to use the
> data, so be it. There is no issue there.
>  
> 
> IMHO
>  
> 
> Sam L. 
>  
>  
>  
> On 9/21/2017 8:54 AM, Paul Keating wrote:
>  
>  
>>  
>> I am seeking to expand upon my responses in the poll.
>>  
>> 
>>  
>>  
>> Question 1. There must be at least one purpose for collecting each data
>> element in the MPDS, and that purpose must be sufficient for making that data
>> element public.
>>  
>> 
>>  
>>  
>> I am concerned that the use of “purpose” here is somewhat misleading.  While
>> each Data element must be linked to some purpose, the data element itself
>> does not need to solve or satisfy the purpose.  It can be one aspect of the
>> solution.  An example would be name, address, phone, email.  They are all
>> linkable to the purpose of identification (which in turn is important for
>> enforcement of rights, etc).  However no one of those elements are acting
>> alone sufficient.  Rather, they all work together (as do other elements in
>> the RDS (e.g. IP address) to further the goal of identification.
>>  
>> 
>>  
>>  
>> Question 2. Are the WG agreements on purpose(s) thus far - see WG agreements
>> #5 through #13 listed in the 20 September meeting handout
>> <https://community.icann.org/download/attachments/66086756/RDSPDP-Handout-For
>> 20SeptCall-v2.pdf>  - sufficient to meet the requirement stated in Q2 above?
>> In other words, have we defined at least one purpose for collecting every
>> data element in the MPDS, sufficient for making all data elements in the MPDS
>> public? Why or why not?
>>  
>>  
>>  
>> I do not believe the list is sufficient in stating all potential purposes.
>> For example:
>>  
>> 
>>  
>>  
>> Legal action is listed. This is a specific term used to indicate the
>> commencement of formal legal proceedings.  It does not incorporate equitable
>> or contractual processes (e.g. Arbitration, injunction, etc).  Nor does it
>> incorporate investigation.
>>  
>> 
>>  
>>  
>> Criminal investigations.  This also is insufficient as it does not include
>> civil investigations (e.g. Infringement, fraud, etc).
>>  
>> 
>>  
>>  
>> It is also important to include purposes that would reach historical data
>> that has already been collected.  Thus, historical WHOIS research is
>> important for those items listed in the linked list (and those noted above).
>> For example domain  highjacking can be traced only via use of historical
>> data.  Confirmation of title for the purposes of domain name acquisitions and
>> dispositions – particularly as domain names become more and more valuable.
>>  
>> 
>>  
>>  
>> We need (IMO) to expand the identifiable listing.
>>  
>> 
>>  
>>  
>> We also need to allow for the adoption of additional purposes in the future.
>> As an example, 4 years ago WHOIS was not commonly used in cyber security
>> research.  Today it is one of the more important tools used by all
>> investigators.
>>  
>> 
>>  
>>  
>> Thank you,
>>  
>> 
>>  
>>  
>> Paul
>>  
>> 
>>  
>>   
>> From:  <gnso-rds-pdp-wg-bounces at icann.org> on behalf of Lisa Phifer
>> <lisa at corecom.com>
>>  Reply-To:  <lisa at corecom.com>
>>  Date:  Thursday, September 21, 2017 at 5:42 AM
>>  To:  <gnso-rds-pdp-wg at icann.org>
>>  Subject:  [gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from 20 September
>> Meeting
>>  
>>  
>> 
>>  
>>  
>>>  
>>>     
>>>  
>>>  
>>> 
>>> Dear all,
>>>  
>>>  
>>>  
>>> In follow-up to this week’s WG meeting, all RDS PDP WG Members are
>>> encouraged to participate in the following poll:
>>>  
>>>  
>>>  
>>> https://www.surveymonkey.com/r/V7WVBPY
>>>  
>>>  
>>>  
>>> Responses should be submitted through the above URL. For offline reference,
>>> a PDF of poll questions can also be found at:
>>>  
>>>  
>>>  
>>> https://community.icann.org/download/attachments/66086756/Poll-from-20Septem
>>> berCall.pdf
>>>  
>>>  
>>>  
>>> This poll will close at COB Saturday 23 September.  Poll results will be
>>> discussed in a future WG meeting.
>>>  
>>>  
>>>  
>>> Please note that you must be a WG Member to participate in polls. If you are
>>> a WG Observer wishing to participate in polls, you must first contact
>>> gnso-secs at icann.org to upgrade to WG Member.
>>>  
>>>  
>>>  
>>> Regards,
>>>  
>>> Lisa
>>>  
>>>  
>>>  
>>>  _______________________________________________ gnso-rds-pdp-wg mailing
>>> list gnso-rds-pdp-wg at icann.org
>>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>>   
>>   
>>  
>> _______________________________________________
>> gnso-rds-pdp-wg mailing list
>> 
gnso-rds-pdp-wg at icann.orghttps://mm.icann.org/mailman/listinfo/gnso-rds-pdp-w>>
g
>>  
>  
>  
> -- 
> ------------------------------------------------
> "It is a disgrace to be rich and honoured
> in an unjust state" -Confucius
>  邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
> ------------------------------------------------
> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
> email: Lanfran at Yorku.ca   Skype: slanfranco
> blog:  https://samlanfranco.blogspot.com
> Phone: +1 613-476-0429 cell: +1 416-816-2852
>  


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