[gnso-rds-pdp-wg] Facebook loses Belgian court case over consent and tracking

Tue Feb 20 16:47:07 UTC 2018

1,000,000% agreed. Registrars cannot eliminate all their risk by masking
WHOIS into oblivion. The DPAs can still ask why they are exposing A
records, nameservers, etc, to anyone who asks for them, without valid
reasons or authentication. Why do they expose zone files, etc. The DPAs can
ask why customer support can sometimes so easily be social engineered into
handing over accounts to account takeover scammers.

Since most registrars are also hosting providers/mail providers, would
criminals storing stolen PII on your servers be a GDPR issue? After all,
the ultimate owner of the server is also considered a "processor", which
has interesting implications if one's customers include phishers, or sell
stolen credit cards, and one's already been notified. I have even seen
miscreants putting doxes in TXT records.

I already know of quite a few incidents where people would have had
standing to file a GDPR complaint against registrars/hosters, unrelated to
WHOIS.

Eventually the issue is going to impact the core business model of
registrars. This isn't going to stop at WHOIS. An open dialog with the DPAs
at an early stage is of utmost importance for all parties involved here.

On Mon, Feb 19, 2018 at 10:16 AM, Sam Lanfranco <sam at lanfranco.net> wrote:

> Benny,
>
> This is why I support multi-venue multi-stakholder dialogue with the DPA's
> so that they are appraised of the issues on all sides of the data
> protection issue. They are then more likely to act in a judicious manner,
> and less like an attack dog. Watch the new movie "*The Post*" where when *Washington
> Post* owner Katharine Graham decided to publish the Vietnam War Pentagon
> Papers, with the downside risk that she could be jailed for treason. The
> court ruled in favor of freedom of the press. It is not what the DPA can
> do, but what they are likely to do, and dialogue goes a long way to
> mitigating risk and shaping appropriate positions and behavior (with
> integrity) on all sides.
>
> Sam L.
>
> On 2/19/2018 10:02 AM, benny at nordreg.se wrote:
>
> <ironi on> Now I am relieved, we as registrars will not be subject for
> anything… </ironi off>
>
> None of us know where and what they will prioritise,* remember that it
> only take 1 complaint to a DPA to get the snowball moving.* [emphasis
> added] I am sure your statement have noe value then.
>
> --
> Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
>
> Benny Samuelsen
> Registry Manager - Domainexpert
>
> Nordreg AB - ICANN accredited registrar
> IANA-ID: 638
> Phone: +46.42197000 <+46%2042%2019%2070%2000>
> Direct: +47.32260201 <+47%2032%2026%2002%2001>
> Mobile: +47.40410200 <+47%20404%2010%20200>
>
> On 19 Feb 2018, at 15:29, Sam Lanfranco <sam at lanfranco.net> wrote:
>
> Hi Tim,
>
> No, completely to the contrary. My point with that dollars reference was
> that in some cases litigation is the preferred business response, rather
> than compliance and paying fines. Also, the big revenues in mining big data
> are outside the DNS sphere, and outside the abuses and "bad things" that
> websites do to people. The big EU fines are more likely to hit social media
> than Registrars, although they are risks there as well. The revenues, and
> privacy violations, will come from profiling users by mining big data for
> scraps of personal date to individualize target marketing.
>
> *As a brief aside:* This goes well beyond the remit of ICANN and is
> actually worse than just being inundated by adverts base on personal online
> behavior. Artificial Intelligence mining apps are increasingly customizing
> the "news" one gets from news feeds, to help "glue the eyeballs" to the
> adverts, creating a news silo of one.  (That is amusing for me since I
> virtually live in two towns in two countries). Even more worrisome is the
> growing practice for A.I. companies where A.I. "writes" the news releases,
> now mainly in sports and finance, for thousands of print and online news
> outlets. I know all of this is outside the ICANN remit so I will stop
> there.
>
> Sam L.
>
> On 2/18/2018 5:43 PM, Chen, Tim wrote:
>
> Hi Sam,
>
> When you say these are hundred million dollar issues for "the
> companies",which companies are you talking about?  Large Registrars?
>
> I hope you are not comparing cybersecurity professionals and the good work
> they are trying to enable, to a completely separate privacy issue around
> data used for ad tracking or behavior tracking across websites.  If I spent
> my days trying to protect people on the internet from bad things, I would
> certainly not appreciate any allusion that I was engaged on the whois data
> issue 'for the money'.
>
> Tim
>
>
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>
> --
> ------------------------------------------------
> "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
> ------------------------------------------------
> Visiting Prof, Xi'an Jaiotong-Liverpool Univ, Suzhou, China
> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
> email: sam at lanfranco.net   Skype: slanfranco
> blog:  https://samlanfranco.blogspot.com
> Phone: +1 613-476-0429 <(613)%20476-0429> cell: +1 416-816-2852 <(416)%20816-2852>
>
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