[Accred-Model] WHOIS Tiered Access and Accreditation Program: Comments from M3AAWG

Fri Apr 13 20:20:31 UTC 2018

Further to my e-mail below re EU Directive on Enforcement of IP Rights, please see the attached Memorandum of Understanding with the EU authorities signed in the summer of 2016.  Section 5 covers Consumer Confidence and  Protection.  The stated purpose of the MOU, signed by Procter & Gamble, Amazon and many more is as follows as shown on the first page:

[cid:image002.png at 01D3D32A.30164790]
Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

[cid:image003.png at 01D3D32A.303BA9E0]

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: Accred-Model [mailto:accred-model-bounces at icann.org] On Behalf Of Aikman-Scalese, Anne
Sent: Friday, April 13, 2018 1:00 PM
To: 'Rubens Kuhl'; Jerry Upton; accred-model at icann.org
Subject: Re: [Accred-Model] WHOIS Tiered Access and Accreditation Program: Comments from M3AAWG

I just hope the DPAs will realize that the stability of the Internet is also dependent on consumer trust and confidence which is currently assured in part by private IP interests.  If not, why are the Consumer Confidence reviews mandated?  Consumer trust and confidence is of course based on the notion that internet commerce is safe.   There is an important EU law at stake and that is the European Directive on Enforcement of Intellectual Property Rights (“IPRED”).

See this link: https://ec.europa.eu/growth/industry/intellectual-property/enforcement_en

At the point where both governmental law enforcement and consumer protection authorities and registrars via abuse at registrar.com<mailto:abuse at registrar.com> are overwhelmed with complaints (and private IP holders are unable to effectively shut down counterfeit and often dangerous or fraudulent) services), consumers will change their behavior and use only “trusted sites”.  That will ultimately have a very bad effect on competition and innovation in the DNS and on the number of registrations purchased, in particular by small entrepreneurial businesses.

At this point, companies are going to have to start telling their customers what is coming as of May 25. I’m concerned that Internet business will become even more highly concentrated among the “Big” shops and then the EU will have to start enacting even more legislation to curb that market power.  It is in EVERYONE’s best interests to enable access for IP enforcement to information about sites where goods and services are being sold.  So everyone  in the community should be trying to facilitate a workable model for that purpose with an Interim Model which at the very least allows the UDRP and the URS to continue to function even as of May 25.  For the interim model, why not require registrants to provide an e-mail address that contains no personal information?  – much easier and less expensive to implement than a system which requires the registrar to create an “anonymization” system.

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

[cid:image004.png at 01D3D329.DDD74970]

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: Accred-Model [mailto:accred-model-bounces at icann.org] On Behalf Of Rubens Kuhl
Sent: Friday, April 13, 2018 11:36 AM
To: Jerry Upton; accred-model at icann.org<mailto:accred-model at icann.org>
Subject: Re: [Accred-Model] WHOIS Tiered Access and Accreditation Program: Comments from M3AAWG

I would like to set some real expectations on this so people don't claim "Surprise!" later on.

- No policies, temporary or consensus policies,  can trump applicable law. Parties to a contract, or 3rd parties in this case, are not allowed to interpret the law as they see fit, and ICANN contracts in particular recognize that reality.
- Even credentialed tiered WHOIS might not fit GDPR, as the recent Article 29 WP letter made clear; IP-based whitelist would clearly not cut it.

The global public interest would likely be better served by approaching EU lawmakers to bake use cases such as anti-abuse into law; until then, EU DPAs will have no option besides compelling ICANN and contracted parties into changing WHOIS to a mostly privacy-oriented information service.

Rubens

Em 13 de abr de 2018, à(s) 14:37:000, Jerry Upton <jerry.upton at gmail.com<mailto:jerry.upton at gmail.com>> escreveu:

Dear Mr. Göran Marby CEO, ICANN
We agree with the Anti-Phishing Working Group’s (APWG) comments dated April 5, 2018 that the anti-abuse community needs the ICANN Board to pass a Temporary Policy to make an accreditation plan a reality, directing the participation of the registry operators and registrars.

We agree that an expert group from the Anti-Abuse community including APWG, FIRST and M3AAWG should be created to facilitate the certification of qualified applicants from the security field.

We support a short-term plan discussed on the April 6th conference call offering tiered WHOIS access to authorized IP addresses until a more sophisticated mechanism can be a further developed with details for accredited access.
Sincerely,
Jerry Upton
Executive Director
Messaging, Malware and Mobile Anti-Abuse Working Group
https://w<http://www.m3aawg.org/>ww.m3aawg.org<http://www.m3aawg.org/>
<M3AAWG-ICANN-WHOIS Tiered Access and Accreditation Program- Comments.pdf>_______________________________________________
Accred-Model mailing list
Accred-Model at icann.org<mailto:Accred-Model at icann.org>
https://mm.icann.org/mailman/listinfo/accred-model

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accred-model/attachments/20180413/6eb84d1d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 6500 bytes
Desc: image004.png
URL: <http://mm.icann.org/pipermail/accred-model/attachments/20180413/6eb84d1d/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 55064 bytes
Desc: image002.png
URL: <http://mm.icann.org/pipermail/accred-model/attachments/20180413/6eb84d1d/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 6500 bytes
Desc: image003.png
URL: <http://mm.icann.org/pipermail/accred-model/attachments/20180413/6eb84d1d/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Signed MoU - EU Intellectual Property Rights Directive.pdf
Type: application/pdf
Size: 516432 bytes
Desc: Signed MoU - EU Intellectual Property Rights Directive.pdf
URL: <http://mm.icann.org/pipermail/accred-model/attachments/20180413/6eb84d1d/SignedMoU-EUIntellectualPropertyRightsDirective.pdf>