[gnso-rds-pdp-wg] @EXT: RE: IMPORTANT: Invitation for Poll from 9 January Meeting

[Mounier, Grégory]

Dear all,

I will not be able to join the call tomorrow so I thought that I should drop an email to the list to explain why I voted against the proposed possible WG Agreement according to which “Criminal Activity/DNS Abuse – Investigation is NOT a legitimate purpose for requiring collection of registration data, but maybe a legitimate purpose of using some data collected for other purposes.”
I think that there are a number of rationales/grounds - including in ICANN’s Bylaws - to argue that in fact, investigating criminal activity and DNS Abuse IS a legitimate purpose for requiring the collection of registration data.
Some of these rationales have been mentioned during the discussion on the mailing list and during the call on 9th January. Unfortunately, I think that the proposed possible WG agreement does not take into consideration these rationales. I specifically disagree with the assumption that we should make a distinction between 1) the purpose of collecting the data and 2) the purpose for using the data collected for other purposes (manage domain registrations).
The reason why I disagree with making this distinction is that it leads to artificially reduce the importance of a valid and legitimate purpose of the WHOIS system, acknowledged by ICANN Bylaws: addressing malicious abuse of the DNS and providing a framework to address appropriate law enforcement needs. (ICANN’s mandate is to “ensure the stable and secure operation of the internet’s unique identifier systems”[1] + WHOIS data is essential for “the legitimate needs of law enforcement” and for “promoting consumer trust.”[2] ). In its document on the three compliance models issued last Friday[3], ICANN has explicitly included: addressing the needs of law enforcement, investigation of cybercrime and DNS abuse as legitimate purposes of the WHOIS system.
If one of the purpose of the WHOIS system is to support a framework to address issues involving domain name registrations, including investigation of cybercrime and DNS abuse, it can be argued that investigating criminal activity and DNS abuse IS a legitimate purpose for requiring the collection of registration data. Likewise, I think that requiring collection of registration data to prevent crime is NOT beyond ICANN's mandate because this data is essential for ICANN to fulfil its mandate.
I have attached a list of relevant references supporting this point of view taken from ICANN’s Bylaws and the GDPR.

I hope that you’ll find this contribution helpful and I’m looking forward to reading the transcript of the next call ☺.

Best,
Greg

Gregory Mounier
Europol
European Cybercrime Centre
+31 6 55782743

From: gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Chuck
Sent: 12 January 2018 15:21
To: gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>
Subject: [gnso-rds-pdp-wg] FW: IMPORTANT: Invitation for Poll from 9 January Meeting
Importance: High

The response to this week’s poll is particularly low so I strongly encourage more members to respond so that we have enough data to help us in our meeting next week.  Thanks to those who have already responded.

Chuck

From: gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Marika Konings
Sent: Wednesday, January 10, 2018 7:27 AM
To: gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>
Subject: [gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from 9 January 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/VM6S8YK

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/74580034/Poll-from-9January-Call.pdf?version=1&modificationDate=1515544361000&api=v2

This poll will close at COB Saturday 13 January.

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<mailto:gnso-secs at icann.org> to upgrade to WG Member.

Best regards,

Marika

Marika Konings
Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.


________________________________

[1] ICANN Bylaws Article One, Section 1.1, Mission.

[2] ICANN Bylaws, Registration Directory Services Review, §4.6(e).

[3] https://www.icann.org/en/system/files/files/interim-models-gdpr-compliance-12jan18-en.pdf
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