[gnso-rds-pdp-wg] ICANN Meetings/Conversations with Data Protection and Privacy Commissioners

John Bambenek jcb at bambenekconsulting.com
Thu Sep 28 22:18:42 UTC 2017


I want to me too this... this is the single biggest cause of the
contention in this group. I am being told by people who don't do
anti-abuse or investigations on what I need to do my job and when I tell
them what I need to do my job, my opinion doesn't matter.

**We** are the experts in this field. It'd be nice when people are
talking about what is needed to fight abuse, we at least consider the
opinions of people that **actually fight said abuse**.

And we will be taking this message to the DPAs directly so they
understand what's at stake.


On 09/28/2017 05:10 PM, John Horton wrote:
> Chuck, let me briefly (I hope briefly) weigh in in response to that. 
>
> My observation is that the group does agree that fighting abuse is a
> worthy endeavor -- I suspect you'd get unanimity on that point. My
> sense is that where there's disagreement may be on two points:
>
>  1. Whether anti-abuse types really need a Whois record of the domain
>     name in question to fight abuse -- the argument has been made that
>     Whois is so often falsified, or privacy-protected, etc. that Whois
>     isn't _really_ useful to anti-abuse types, and that there are more
>     useful tools than Whois. 
>  2. Whether the entire Whois data set (or, say, even 95% of it), and
>     being able to reverse query against it, is useful to anti-abuse
>     types. 
>
> From my perspective, I do think that there are a few folks in this
> working group who, even when I or others have repeatedly insisted that
> (and provide examples of how) we genuinely need 1) Whois records on
> specific merchants or bad actors, and 2) need the entire corpus
> against which to reverse query, seem unwilling to take our
> representations and examples at face value. I guess I've become a
> little cynical as to whether, even if that argument is presented
> objectively and compellingly, working group members are willing to be
> persuaded of it or not. 
>
>
>
> John Horton
> President and CEO, LegitScript
>
>
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>
>
>
> On Thu, Sep 28, 2017 at 2:51 PM, Chuck <consult at cgomes.com
> <mailto:consult at cgomes.com>> wrote:
>
>     I could be wrong but I think that we need to first convince
>     ourselves as a
>     working group that fighting abuse is a critical and essential need
>     and I
>     don't think that should be hard to do.  A lot of you have made
>     very strong
>     arguments in that regard and I believe that we have already agreed
>     that
>     fighting abuse is a legitimate purpose for at least some RDS elements.
>
>     Note WG agreement #11: "Criminal Investigation & DNS Abuse
>     Mitigation is a
>     legitimate purpose for "Minimum Public Data Set" collection."  We
>     obviously
>     have to get beyond the MPDS and we will.
>
>     It seems to me that the following WG agreement, although not directly
>     related to abuse mitigation, sets a basis upon which we can further
>     deliberate the abuse mitigation purpose: " 17.  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."  I admit that there is a lot of work we must do to
>     develop requirements and ultimately policies to allow and support
>     the use of
>     RDS data for abuse mitigation purposes but we can do that.
>
>     I think all of the following recent WG agreements indirectly
>     support further
>     deliberation on the abuse mitigation purpose:
>     " 30. At least one element identifying the domain name registrant
>     (i.e.,
>     registered name holder) must be collected and included in the RDS.
>     31. Data enabling at least one way to contact the registrant must be
>     collected and included in the RDS.
>     32. At a minimum, one or more email addresses must be collected
>     for every
>     domain name included in the RDS, for contact roles that require an
>     email
>     address for contactability.
>     33. For resiliency, data enabling alternative or preferred
>     method(s) of
>     contact should be included in the RDS; further deliberation to
>     determine
>     whether such data element(s) should be optional or mandatory to
>     collect.
>     34. At least one element enabling contact must be based on an open
>     standard
>     and not a proprietary communication method.
>     35. To improve contactability with the domain name registrant (or
>     authorized
>     agent of the registrant), the RDS must be capable of supporting at
>     least one
>     alternative contact method as an optional field.
>     36. Purpose-based contact (PBC) types identified (Admin, Legal,
>     Technical,
>     Abuse, Proxy/Privacy, Business) must be supported by the RDS but
>     optional
>     for registrants to provide.
>     37. The URL of the Internic Complaint Site must be supported for
>     inclusion
>     in the RDS.
>     38. The Registrar Abuse Contact Email Address must be supported for
>     inclusion in the RDS, and must be provided by Registrars.
>     39. Reseller Name MUST be supported by the RDS. Note: There may be
>     a chain
>     or Resellers identified by Reseller Name.
>     40. Per recently-approved consensus policy on consistent labeling and
>     display, BOTH the Registrar Abuse Contact Email and Registrar
>     Abuse Contact
>     Phone must be supported for inclusion in the RDS, and MUST be
>     provided by
>     Registrars.
>     41. In the interest of maximizing contactability, additional
>     contact methods
>     MUST be supported by the RDS as an open-ended list and be optional for
>     Registrants to provide. This does not preclude agreements on
>     requirements to
>     include other contact methods.
>     42. The RDS must support Registrant Postal Address data elements:
>     Registrant
>     Street Address, City, State/Province, and Postal Code.
>     43. The RDS must support Registrant Phone + Registrant Phone Ext
>     (extension)
>     data elements "  I call this one out in reaction to some
>     discussion on the
>     WG list today about identification of the domain name registrant."
>     These may not go far enough for some but they provide a start that
>     we can
>     build on.
>
>     Chuck
>
>     -----Original Message-----
>     From: gnso-rds-pdp-wg-bounces at icann.org
>     <mailto:gnso-rds-pdp-wg-bounces at icann.org>
>     [mailto:gnso-rds-pdp-wg-bounces at icann.org
>     <mailto:gnso-rds-pdp-wg-bounces at icann.org>] On Behalf Of theo geurts
>     Sent: Thursday, September 28, 2017 11:07 AM
>     To: Andrew Sullivan <ajs at anvilwalrusden.com
>     <mailto:ajs at anvilwalrusden.com>>; gnso-rds-pdp-wg at icann.org
>     <mailto:gnso-rds-pdp-wg at icann.org>
>     Subject: Re: [gnso-rds-pdp-wg] ICANN Meetings/Conversations with Data
>     Protection and Privacy Commissioners
>
>     Hello Andrew,
>
>     1 I agree you need to be specific, but also you should ask, would
>     a DPA
>     accept it? Regardless if that is a DPA in Europe or China or Jamaica.
>     Setting the baseline to the GDPR would be a mistake, these data
>     protection
>     laws are always in motion. As such you need to implement data
>     protection
>     principles when you define purpose. Did we really do that?
>
>     2 I am not sure if there is a misapprehension. I do think we did
>     not go out
>     of the box far enough. We somehow keep circling back to the WHOIS,
>     and that
>     is somewhat strange given the composition of the WG.
>     We did put a ton of work into looking at the current data elements
>     and all
>     that, but we never into the concept of no WHOIS/RDS and come up with a
>     solution in such a scenario.
>
>     If we want to convince these policymakers of what we are facing
>     abuse wise,
>     we must do better.
>
>     Theo
>
>
>     On 28-9-2017 19:11, Andrew Sullivan wrote:
>     > On Thu, Sep 28, 2017 at 06:46:29PM +0200, theo geurts wrote:
>     >> I think it is meant that IP addresses will be considered personal
>     >> information under the GDPR, that concept might be new to folks
>     in this
>     WG.
>     > I _know_ that.  But there are two issues here:
>     >
>     >      1.  It appears entirely clear, both from previous
>     discussions and
>     >      from the legal analysis that was just delivered, that
>     collection
>     >      of certain data (and we're still talking about collection,
>     >      remember) is permitted if you have legitimate purposes.
>     >      Therefore, we should be paying attention to those purposes,
>     and be
>     >      specific about it.
>     >
>     >      2.  It is possible that any law, or any interpretation of
>     the law,
>     >      is being made with a misapprehension of how the Internet
>     actually
>     >      works.  Quite frankly, it is apparent to me that an alarming
>     >      number of policymakers have a deeply mistaken model for the way
>     >      the Internet works, mostly aligned with a picture that
>     looks like
>     >      the way the phone system used to work.  But we have to make
>     policy
>     >      for the actual Internet, rather than for some system that
>     does not
>     >      actually exist.  This is why I sent that note the other day
>     about
>     >      figuring out what we want and then asking lawyers how that
>     can be
>     >      made to comport with such legal regimes as we know, rather than
>     >      doing it the other way.
>     >
>     > Best regards,
>     >
>     > A
>     >
>
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