[Accred-Model] Letter to ICANN from RiskIQ

[trachtenbergm at gtlaw.com]

Rubens,

My comment was not meant to be made as an ad hominem attack but rather to make a point. I don't know the details of your takedown, but do know from 15 years experience that for most effective online investigation and enforcement that access to registrant name and email is a critical element. Without these elements it is often impossible to tell if it's written further investigation. If you want to share the intimate details of that the security incident was, how you found out about it, and how you took it down without using whois, please share. But even in that case it doesn't mean that what you did in this one situation is applicable to detecting, investigating, and enforcing against the vast majority of online threats.

"ICANN and the registries would also not be able to rely on a legitimate interest for making available all personal data in WHOIS directories to the general public."

To be clear, I am not advocating for public access to all WhoIs information - just registrant name, email, city and country. And I do not even advocate for this to be publicly available forever, but just in the interim.

But as I said before, cut the middle-man and get the DPAs to say exactly what you believe is right. Then anyone not agreeing would first have to challenge that in an European court, but still comply with it in the mean time.

Let's be real - DPAs are not going to commit to anything specific. And even if some did, which ones control? Is one enough? 5? 10?


Best Regards,

Marc H.Trachtenberg
Shareholder
Greenberg Traurig, LLP
77 West Wacker Drive
Chicago, IL 60601
Office (312) 456-1020
Mobile (773) 677-3305

On Apr 22, 2018, at 1:21 PM, Rubens Kuhl <rubensk at nic.br<mailto:rubensk at nic.br>> wrote:

"ICANN and the registries would also not be able to rely on a legitimate interest for making available all personal data in WHOIS directories to the general public."

But as I said before, cut the middle-man and get the DPAs to say exactly what you believe is right. Then anyone not agreeing would first have to challenge that in an European court, but still comply with it in the mean time.

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