[council] An additional issue for AOB at our next meeting

Wed Mar 16 10:34:58 UTC 2022

Dear Flip,

It is noble of you to highlight these concerns of warfare to cyberspace in
the Council and thanks for sharing with us  personal pictures of your town
during the council meeting. Permit me to respond to some of your points in
a personal capacity.

With due respect and with no intention to downplay the consequences and
effects of cyber warfare on the lives of netizens, especially being a
cybersecurity researcher myself, I see points 1 & 3 as making similar
arguments as those for the regulation of web content through GNSO policy.

Like we saw with the Covid-19 pandemic, threats to the cyber domain will
continue to evolve, with new and old threat actors always seeking to take
advantage of new opportunities in cyberspace to achieve their nefarious
goals. Therefore from a threat perspective, I see threats from crime as
equally dangerous as the threat from warfare. At ICANN, we sieve through
global cyber threats to identify only those with technical aspects related
to DNS, which ICANN's DNS Security Threat Mitigation program addresses.

Despite the community acknowledging the presence of wider cyber threats,
ICANN policies in this area should remain limited within the narrow remit
of ICANN's bylaws. While I would like to see a cyberspace free from
threats, I also acknowledge that different actors have different roles to
play in achieving that goal.

In your email, you propose a working group be set up to discuss these
broader issues, but in my view, the current charter of the just started DNS
abuse small team is enough to assess what cybersecurity problem, if any,
that the GNSO Council should address. I see no need for another group to be
stood up.

As was the case with the global pandemic, ICANN Org can find ways to
contribute to the wider efforts to curb cyber threats by offering expertise
similar to what they did with the Forum of Incident Response and Security
Teams (FIRST) and other research and response bodies. By all means, ICANN
should support efforts promoting norm 6 (Do Not Damage Critical
Infrastructure) of the UN Norms of responsible state behaviour in
cyberspace, however we do not need a GNSO policy to achieve this.

Regards,
Tomslin

On Tue, 15 Mar 2022, 20:38 Flip Petillion via council, <
council at gnso.icann.org> wrote:

> Dear All:
>
>
>
> Thank you for your attention to the cyber abuse issue at our last meeting
> of 10 March.
>
>
>
> I think three questions arise:
>
>
>
> 1) The first question is whether and to what extent cyberattacks or
> cyberwarfare (may) impact the DNS and its security and stability. The
> answer to this question will help the SG/Cs determine whether any policy
> related initiative is warranted.
>
>
>
> I propose to invite your SG/C to support the concept of an impact
> analysis. Org (with the assistance of councilors of each house) can ask
> SSAC to prepare such analysis or contract with an external and independent
> expert to that purpose.
>
>
>
> In a next phase, we can think of policies that effectively permanently
> map, identify and combat forms of abuse as warranted by overarching global
> security concerns.
>
>
>
> 2) The second question is what ICANN can do to assure openness and
> accessibility to the Internet.
>
>
>
> I am sure the community will come up with creative suggestions. Inviting
> people at ICANN meetings and financially supporting their attendance may be
> an example. Ensuring that Internet users can engage with each other in a
> safe and secure environment may also contribute to maintaining the openness
> and accessibility of the Internet. I propose to invite your SG/C to think
> of concrete measures that the community can discuss with ICANN org.
>
>
>
> 3) The third question is what ICANN can effectively undertake to stop
> cyber abuse.
>
>
>
> I am convinced that the organization does not aspire to install what I
> would describe as a ‘cyber curtain’, which is exactly what some regimes
> would like to do themselves. History has shown its impact on a numerous
> number of levels.
>
>
>
> However, we should be able to take measures to fight activities that
> terrorize people, businesses, organizations, and States.
>
>
>
> ICANN has Expected Standards of Behavior. Why don’t we set up Expected
> Standards of Use?
>
>
>
> ICANN has set up a program that supports the enforcement of rights out of
> court, that has been implemented on a global level, and that has been
> successful for over 20 years. Why don’t we set up a Unified Abuse
> Resolution Policy that may impose technical and financial measures where
> appropriate?
>
>
>
> I am convinced that we should explore a broader scope of legal and ethical
> considerations at this stage. If the organization can take effective
> measures but refrains from doing so because of reasons of neutrality to
> mention just one, I expect others will step in and instruct what the
> organization is expected to do.
>
>
>
> Therefore, I propose to invite your SG/C to support the initiative to set
> up a working group that discusses this issue and advises on the
> effectiveness of a policy to fight cyberattacks and cyberwarfare.
>
>
>
> I thank you for your attention to this and I will discuss this with my own
> constituency and come back to you with its position.
>
>
>
> Best regards,
>
>
>
> Flip
>
>
>
>
>
> Flip Petillion
>
> fpetillion at petillion.law
>
> +32484652653
>
> www.petillion.law
>
>
>
> [image: id:image001.png at 01D3691D.DA7539C0] <https://www.petillion.law/>
>
>
>
>   Attorneys – Advocaten – Avocats
>
>
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Flip
> Petillion via council <council at gnso.icann.org>
> *Reply to: *Flip Petillion <fpetillion at petillion.law>
> *Date: *Wednesday, 9 March 2022 at 16:17
> *To: *"philippe.fouquart at orange.com" <philippe.fouquart at orange.com>, "
> council at gnso.icann.org" <council at gnso.icann.org>
> *Cc: *"gnso-secs at icann.org" <gnso-secs at icann.org>
> *Subject: *Re: [council] An additional issue for AOB at our next meeting
>
>
>
> Thank you Philippe,
>
> That indeed was the intention.
> Best regards,
>
> Flip
>
>
>
>
>
>
>
> Flip Petillion
>
> fpetillion at petillion.law
>
> +32484652653
>
> www.petillion.law
>
>
>
> <https://www.petillion.law/>
>
>
>
>   Attorneys – Advocaten – Avocats
>
>
>
>
>
> *From: *"philippe.fouquart at orange.com" <philippe.fouquart at orange.com>
> *Date: *Wednesday, 9 March 2022 at 16:12
> *To: *Flip Petillion <fpetillion at petillion.law>, "council at gnso.icann.org"
> <council at gnso.icann.org>
> *Cc: *"gnso-secs at icann.org" <gnso-secs at icann.org>
> *Subject: *RE: An additional issue for AOB at our next meeting
>
>
>
> Dear Flip,
>
>
>
> Thanks for the proposal. We will have this as an AOB item to give you the
> opportunity to elaborate even as an individual, for the benefit of those
> who would not have consulted their mailbox.
>
>
>
> Given the importance of those events, the expectation would only be at
> this stage to bring councilors attention to this question of whether any
> policy related initiative is warranted with this context, not for them to
> “give an answer” this afternoon. So probably not much of a substantive
> discussion to be had, but as you point out, this will enable councilors to
> consult with the SG/Cs and come back to Council as they see fit.
>
>
>
> Regards,
>
> Philippe
>
>
>
>
>
> Orange Restricted
>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Flip
> Petillion via council
> *Sent:* Wednesday, March 9, 2022 11:30 AM
> *To:* council at gnso.icann.org
> *Cc:* gnso-secs at icann.org
> *Subject:* [council] An additional issue for AOB at our next meeting
>
>
>
>
>
> Dear All:
>
>
>
> I propose that we put the following issue as an AOB on the agenda of our
> next meeting.
>
>
>
> The incident that generated the letter from the Deputy Prime Minister,
> Minister of Digital Transformation of Ukraine, and the response by G.
> Marby, raises questions on ICANN’s role at the occasion of certain Internet
> activities in conflict situations. There is more to this than the question
> of restricting access to the Internet, the need to act neutral and within
> ICANN’s core mission.  The questions cover a broad scope of legal and
> ethical considerations that may need to be fully explored.  Above all, the
> security and stability of the Internet and the systems reliant upon it are
> at risk.
>
>
>
> The question is: how does ICANN ensure the openness (including
> accessibility) of the Internet in conflict situations and how does ICANN
> manage the impact on the security and stability of the Internet?
>
>
>
> In my humble opinion, this calls for a thorough impact analysis and
> policies that effectively map, identify and combat forms of abuse as
> warranted by overarching global security concerns. Ultimately, this
> approach may set more realistic expectations in the Community.
>
>
>
> I have not been able to discuss this at the IPC and, hence, the IPC has
> not been able to express a position on this subject, yet.
>
>
>
> But I think the discussion is timely.
>
>
>
> I propose that the GNSO councilors go back to their SGCs and inform the
> GNSO council if they wish to ask council to consider the impact analysis
> that I am referring to above.
>
>
>
> Best regards,
>
>
>
> Flip
>
>
>
>
>
>
>
>
>
> Flip Petillion
>
> fpetillion at petillion.law
>
> +32484652653
>
> www.petillion.law
>
>
>
> [image: id:image001.png at 01D3691D.DA7539C0] <https://www.petillion.law/>
>
>
>
>   Attorneys – Advocaten – Avocats
>
>
>
> _________________________________________________________________________________________________________________________
>
>
>
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