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

Wed Mar 16 13:47:16 UTC 2022

I strongly agree with the points of Tonslin,

*Wisdom Donkor* (CASP+,  CISM, CEH Certified,)
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On Wed, Mar 16, 2022 at 10:35 AM Tomslin Samme-Nlar via council <
council at gnso.icann.org> wrote:

> 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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>>
>>
>>
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>>
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>>
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