[gnso-rds-pdp-wg] WSGR Final Memorandum

Theo Geurts gtheo at xs4all.nl
Fri Sep 29 08:14:31 UTC 2017


Got it, thanks,

Just a risk analysis where a TLD is often involved in abuse, the domain 
names in that TLD get a higher risk score if privacy services are also 
present for that domain name.  I read that some anti-spam systems block 
certain new gTLDs entirely, I guess the risk score went through the roof.

The reason for drilling down on this a little more was due to this 
recent report, and I somewhat misread or failed to understand how the 
risk score is being calculated.
https://www.icann.org/en/system/files/files/sadag-final-09aug17-en.pdf

This report mentions: The usage of Privacy or Proxy Services by itself 
is not a reliable indicator of abuse.

Thanks again,

Theo

Again it is clear now, thanks all.
On 28-9-2017 20:50, Dotzero wrote:
> To add to what Allison has indicated, websites do analysis of these 
> sorts of datapoints for evaluating transactions for fraud and 
> potential abuse. For example, signups form domains that have private 
> registrations have a very high propensity to be related to abuse. 
> Signups and visits to our websites from IP addresses belonging to 
> hosting providers have an even higher correlation with abuse (how many 
> endusers browse the web from severs in datacenters?).
>
> This is not police action, it is organizations protecting themselves, 
> their other users and the internet at large from abusive activity.
>
> Michael Hammer
>
> On Thu, Sep 28, 2017 at 2:33 PM, allison nixon <elsakoo at gmail.com 
> <mailto:elsakoo at gmail.com>> wrote:
>
>     Reputation is based on a lot of different points not just contents
>     of WHOIS data. If the .EU TLD can keep its customer base clean,
>     there isn't much need for WHOIS data for the most part, however
>     this group doesn't make policy for ccTLDs. For other TLDs that
>     this group does recommend policy for, for example, .XYZ, which
>     boasts a greater-than-90-percent rate of maliciousness, any
>     legitimate domain in that space will need some other points of
>     reputation to make up for that. WHOIS is part of that, including
>     the age, and actual contact details.
>
>     That said, WHOIS data is an important part of tracing ownership
>     and it can have consequences for the registrant.
>
>     Recently we had to deal with a ccTLD of .ir that was being used to
>     control large botnets. The current and historical WHOIS data
>     showed signs that a legitimate registrant's account was stolen to
>     do this. Thus, when the complaint was sent to the registrar, the
>     registrant was not accused of running botnets, but instead the
>     registrar was alerted to an abuse of the service and they could
>     take action accordingly. If the ownership of this domain could not
>     be traced, and if there were not skilled investigators on the
>     other end, would the registrant have been in danger of going to an
>     Iranian prison?
>
>     It turns out, the ccTLD of .ir was specifically chosen because the
>     criminals thought the poor international relations would hamper
>     law enforcement action. However WHOIS and the transparency it
>     provides allowed people to discover the truth and prevent serious
>     problems. By locking up WHOIS behind court orders, these
>     cross-border issues will become worse.
>
>     Also, to be clear since a lot of people can't seem to tell the
>     difference, everything we did was well within the bounds of civil
>     action, we weren't "pretending to be the police" or any of the
>     other things people in this group accuse security companies of
>     doing when they deal with malware. Any member of the public can
>     file an abuse complaint.
>
>
>
>
>
>     On Thu, Sep 28, 2017 at 2:10 PM, theo geurts <gtheo at xs4all.nl
>     <mailto:gtheo at xs4all.nl>> wrote:
>
>         Allison,
>
>         Does this problem also exsist with TLDs like .EU, .NL, .DE,
>         .FR just to name a few ccTLDs?
>
>         Curious,
>
>         Theo
>
>
>         On 28-9-2017 19:42, allison nixon wrote:
>>         >> So, I can see a day that if privacy advocates and/or EU
>>         legislation fears prevent such a Best Practice as proper
>>         WHOIS records, the service providers will simply choose
>>         practices, such as 'you cannot access our service unless you
>>         have public whois information available'.
>>
>>         It's already happening. Try sending an e-mail using a domain
>>         behind WHOIS privacy. Some anti-spam systems drop it straight
>>         in the garbage because WHOIS privacy is already a negative
>>         reputation point. If WHOIS gets shut down, I fully expect
>>         groups like Spamhaus, M3AAWG, APWG, etc, to publish a set of
>>         guidelines that registrants need to abide by in order to send
>>         mail, or be accessible by people behind corporate firewalls
>>         that block based on reputation. ICANN must understand that
>>         they are at risk of losing relevancy if they want to take
>>         this hardline approach, because if a law breaks the continued
>>         functioning of a network, the network will route around it.
>>
>>         Look at the "cookies" EU law. Did that actually stop any
>>         websites from using cookies? No, it just created a popup that
>>         no one reads but everyone clicks through to visit the
>>         website. Because breaking cookies breaks websites.
>>
>>
>>         >>Some of us have real jobs too..
>>
>>         which is the main reason why i can't spend 8 hours every day
>>         watching this group, unlike some people here who have been
>>         active in this group for years now.
>>
>>
>>
>>         My response to Chuck's email earlier, I bolded the responses
>>         and tagged the start and end of my replies for clarity:
>>
>>             "independent answers to the same questions we asked the
>>             European data protection experts earlier in the year"
>>             [Chuck Gomes] That was a request from WG members who felt
>>             that the DP experts might be biased.  The questions were
>>             developed by the WG. There were two primary reasons for
>>             using the same questions: 1) both groups would be
>>             responding to the same questions and therefore make it
>>             easy to compare; 2) the questions were approved by the WG.
>>
>>
>>         *<allison>I don't think anyone accused the DP experts of
>>         being biased. The objection was that the questions themselves
>>         were biased. The words "phishing" and "spam" and "malware"
>>         never once appeared in this entire document, despite being
>>         major core issues. The only abuse issues that were focused on
>>         were in relation to intellectual property violation and
>>         harassment of women, both of which are not the major issues
>>         most of us deal with on a daily basis(not to belittle them
>>         but they are generally not the reason why we are here today).
>>         The word "fraud" was mentioned once in a question and then
>>         never directly addressed in the response.*
>>         *
>>         *
>>         *Additionally, my entire industry was grossly misrepresented
>>         in question #6. None of us operate with police powers, and
>>         none of us pretend to have any. When we submit a complaint to
>>         a registrar about one of their customers breaking the law,
>>         the illegality of the act provides necessary justification
>>         for the registrar to drop the customer without a refund. This
>>         is not prosecution of a crime, and claiming it is such is a
>>         lie. Evidence of breaking the law is necessary because
>>         registrars aren't just going to take down any customer we say
>>         we don't like. I wholly object to the entire line they
>>         continued on about cybersecurity companies and "quasi-police
>>         powers", because the question never differentiated between
>>         civil and criminal actions and it was therefore misleading. *
>>         *
>>         *
>>         *None of the questions addressed the issues that registrants
>>         have where their WHOIS and other reputation points affect the
>>         de-facto functionality of a domain, for example a domain's
>>         functionality is hampered when it is on blocklists. Or if
>>         someone sends a complaint against the domain and has no tools
>>         to differentiate the registrant from the criminal (as
>>         registrar accounts are often hacked), then the incorrect
>>         accusation can also affect the operability of the domain as
>>         it is mistakenly taken down in confusion. None of the
>>         questions ask about conflicts between GDPR and basic
>>         network-level-functionality of domains.*
>>         *
>>         *
>>         *Also, none of the questions ask if a free no-obligation
>>         alternative (whois privacy protect) enhances the validity of
>>         consent given for making WHOIS records public. </allison>*
>>
>>             So we weren't allowed to ask questions of these legal
>>             experts? You know, they can't magically divine all
>>             legitimate use cases. The session with the EU data
>>             protection experts earlier this year is the exact same
>>             one we objected to because anti abuse use cases got
>>             exactly zero representation. So why choose that exact set
>>             of questions again especially since an entire group of
>>             people have joined the group afterwards(actually, due to
>>             this specific problem of lack of representation)? And
>>             then label it "final", really.
>>             [Chuck Gomes] We didn’t ask them to consider use cases
>>             except as they were relevant to the questions we asked;
>>             that is our job and we prepared a list of those a long
>>             time ago.  We asked them to focus on their understanding
>>             of European Data Protection law.  Our WG has a good mix
>>             of people that use RDS data for different uses.
>>
>>         *<allison>And his answers are borderline useless. The
>>         scenarios presented were extremely poor, and not reflecting
>>         today's Internet and the problems network operators face. For
>>         example, when he writes "This means that the term 'vital
>>         interest' is to be interpreted as referring to an
>>         individual’s life, health, safety, or other such interest
>>         that is essential to their physical wellbeing", he goes on to
>>         talk about IP violations, the rights of a child, the economic
>>         interests of a search engine, finally concluding "we believe
>>         that the **conditions for using the 'legitimate interests'
>>         legal basis would not be satisfied".*
>>         *
>>         *
>>         *That's a complete misrepresentation of the interests at
>>         stake here. The issue at hand is not the economic interests
>>         of one company nor about mere copyright infringement. The
>>         WHOIS data resource is used to combat all types of fraud,
>>         international espionage, rigging of elections, and so many
>>         hostile attacks. Some of these attacks, especially DDOS,
>>         frequently threaten basic functionality of the Internet. It
>>         has an international strategic value and promotes lawful
>>         behavior far more than it hurts. It's used to create cleaner,
>>         safer networks. There are countless documented instances
>>         where WHOIS played a key role and where the replacement
>>         system would have allowed the malicious behavior to continue.
>>         All of these facts have been conveniently left out of the
>>         question, and since the lawyer can't be expected to know all
>>         this, he has no choice but to conclude that the legitimate
>>         interests provided are too weak. </allison>*
>>
>>
>>             Havent gone through it yet, will do so as i get time.
>>             Expecting to see the same result one can expect when one
>>             doesn't represent entire groups of constituencies.
>>             [Chuck Gomes] What do you mean by representing ‘entire
>>             groups of constituencies’?  Do you represent an entire
>>             constituency?  Are you aware of any constituencies who
>>             are not represented in the WG?  If so, please encourage
>>             them to participate.
>>
>>
>>         *<allison>Dozens of people joined this mailing list after
>>         numerous events demonstrated that this working group did not
>>         consider the overall well being of the Internet, and had a
>>         completely skewed idea of the problems the Internet faces
>>         today. People were outraged that this group was going in the
>>         direction it was going, ignoring how the Internet actually
>>         works. The fact that these questions were chosen- and the
>>         fact that the new membership(especially those that joined
>>         after the questions were initially asked) were not given any
>>         opportunity to provide input on questions to the lawyer- does
>>         not reflect well on the leadership of this working group.
>>         Even when the original questions were created, as far as I
>>         can tell, only people physically present at that meeting had
>>         any chance to provide input. For those of us with jobs in
>>         operations, being ever-present for this working group is
>>         impossible, and none of us have the stamina that some of the
>>         people here have, because we are busy working. *
>>         *
>>         *
>>         *At its most charitable interpretation, the choice of these
>>         specific questions could be an innocent oversight or
>>         miscommunication. At its least charitable, it looks like
>>         ICANN's money was wasted on a procedural trick to keep facts
>>         out of the conversation and continue to push a narrow agenda.*
>>         *
>>         *
>>         *People from numerous unrelated Internet companies and law
>>         firms flooded this group earlier this year once sunshine was
>>         shed on this group's activities. Maybe that's important.
>>         Please take it seriously. </allison>*
>>
>>
>>
>>
>>
>>
>>
>>         On Wed, Sep 27, 2017 at 6:22 PM, Michael Peddemors
>>         <michael at linuxmagic.com <mailto:michael at linuxmagic.com>> wrote:
>>
>>             IMHO, If ICANN cannot figure out how to make a proper
>>             functioning WHOIS policy, we have to remember that the
>>             community at large will, and then simply, ICANN will
>>             loose relevance on this issue.
>>
>>             No one passed a law that a mail server had to have a
>>             functioning PTR record, (well yes, some international
>>             spam legislations clearly spelled out the need for
>>             clearly specifying the operator) but if you want to send
>>             email today, functionally you need a PTR record.
>>
>>             Only problem is, that often it is the biggest players
>>             that set those standards, and it is the role of
>>             organizations like ICANN to level the field, and make
>>             sure that directions aren't dictated by the biggest
>>             players on the block, and never more so in a world of
>>             consolidation and cloud providers.
>>
>>             I think it was Yahoo that was one of the first big
>>             players to simply not accept connections from IP(s) with
>>             no PTR, and I know we were one of the early adopters to
>>             that strategy..
>>
>>             So, I can see a day that if privacy advocates and/or EU
>>             legislation fears prevent such a Best Practice as proper
>>             WHOIS records, the service providers will simply choose
>>             practices, such as 'you cannot access our service unless
>>             you have public whois information available'.
>>
>>             It would be far better if ICANN can understand the
>>             importance of that need, and make a statement that
>>             everyone can get behind and point to, that levels that
>>             field, in 'spite' of possible contradictory privacy
>>             information.
>>
>>             Let's just simple keep these two conversations separate,
>>             one should NOT affect the other, this isn't a privacy vs
>>             information publishing standards issue, we can have both.
>>
>>             (And again, I assert that simply 'informed consent' can
>>             always deal with any situations where they conflict)
>>
>>                     -- Michael --
>>
>>             PS, my concern is that this lengthy wrangling prevents
>>             real work from getting done, and the participants who are
>>             integral to this conversation will fall by the way side,
>>             and the lobbyist's will simply wear them down ..
>>
>>             Some of us have real jobs too..
>>
>>
>>             On 17-09-27 02:58 PM, John Bambenek via gnso-rds-pdp-wg
>>             wrote:
>>
>>                 A simple policy proscription would be, for instance,
>>                 to say under US law if you get a domain under the
>>                 control of a US registrar, we need you to consent to
>>                 full disclosure. Don't like it, pick a European
>>                 ccTLD. I don't advocate that, mind you, but that's
>>                 the kind of policy balkanization could produce.
>>
>>                 j
>>
>>
>>                 On 09/27/2017 04:31 PM, Paul Keating wrote:
>>
>>                     I am failing to understand how such a
>>                     walled-garden approach will solve anything.
>>
>>                     1.EU <http://1.EU> registrars/registries would
>>                     still have to deal with GDPR.
>>
>>                     2.Registrars are not aided by the distinction
>>                     since they would still end up with EU customers
>>                     and EU registrant data.
>>
>>                     PRK
>>
>>                     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 jonathan matkowsky
>>                     <jonathan.matkowsky at riskiq.net
>>                     <mailto:jonathan.matkowsky at riskiq.net>
>>                     <mailto:jonathan.matkowsky at riskiq.net
>>                     <mailto:jonathan.matkowsky at riskiq.net>>>
>>                     Date: Wednesday, September 27, 2017 at 11:03 PM
>>                     To: Rubens Kuhl <rubensk at nic.br
>>                     <mailto:rubensk at nic.br> <mailto:rubensk at nic.br
>>                     <mailto:rubensk at nic.br>>>
>>                     Cc: RDS PDP WG <gnso-rds-pdp-wg at icann.org
>>                     <mailto:gnso-rds-pdp-wg at icann.org>
>>                     <mailto:gnso-rds-pdp-wg at icann.org
>>                     <mailto:gnso-rds-pdp-wg at icann.org>>>
>>                     Subject: Re: [gnso-rds-pdp-wg] WSGR Final Memorandum
>>
>>                         Assuming for argument's sake that's true
>>                     without taking any
>>                         position as I'm still catching up from a week
>>                     ago, I'm not sure
>>                         this should be dismissed without
>>                     consideration as a possibility,
>>                         although obviously not by any stretch of the
>>                     imagination ideal -->
>>                         non-EU registrars block EU registrants, and
>>                     registries contract
>>                         with non-EU registrars.
>>
>>                         On Tue, Sep 26, 2017 at 8:25 PM, Rubens Kuhl
>>                     <rubensk at nic.br <mailto:rubensk at nic.br>
>>                         <mailto:rubensk at nic.br
>>                     <mailto:rubensk at nic.br>>> wrote:
>>
>>
>>                                 On Sep 26, 2017, at 7:17 PM, John Horton
>>                                 <john.horton at legitscript.com
>>                         <mailto:john.horton at legitscript.com>
>>                         <mailto:john.horton at legitscript.com
>>                         <mailto:john.horton at legitscript.com>>> wrote:
>>
>>                                 Much of this problem goes away if we
>>                         all agree that EU-based
>>                                 registrars should henceforth only be
>>                         allowed to accept
>>                                 registrants in the EU. Aside from the
>>                         effect on EU
>>                                 registrars' revenue, what's the
>>                         logical argument against that
>>                                 from a policy perspective?
>>
>>                                 After all, isn't the purpose of the
>>                         GDPR to protect _EU
>>                                 residents_?
>>
>>
>>                             That's correct, but the conclusion is
>>                     not. Non-EU registrars
>>                             are also subject to GDPR if targeting EU
>>                     customers, which
>>                             could be as simple as providing services
>>                     in EU languages and
>>                             accepting registration transactions from
>>                     the EU.
>>                             So, for the problem to go away non-EU
>>                     registrars would need to
>>                             block EU registrants, and registries
>>                     would only be able to
>>                             enter contracts with non-EU registrars.
>>
>>                             So EU users would either be happy using
>>                     numeric IP addresses,
>>                             or develop a naming system of their own.
>>                     Then we would have
>>                             balkanisation, this time actually
>>                     including the original balkans.
>>
>>
>>                             Rubens
>>
>>
>>
>>
>>
>>
>>                     _______________________________________________
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>>
>>
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