[CPWG] ALAC Statement regarding EPDP

[Alan Greenberg]

Hi Michele,

See below.

At 01/08/2018 12:33 PM, Michele Neylon - Blacknight wrote:
>Alan
>
>1 - good
>2 - good
>3 - I don't understand what that means

If we were concerned only with Registrants, 
privacy is a really good thing for them and we 
would want more of it. From a pure user point of 
view, if GDPR makes it harder for those 
knowledgeable ones to access WHOIS and makes it 
hard for the others listed in 4 to get quick and 
effective access, so privacy is bad. In our 
minds, we represent both, and we have to decide 
where to draw the line. Based on a principle we 
established a decade ago, we go with the numbers 
and take a user perspective. (And to be clear, 
there is a small contingent of our community that does not agree!)

>4 - Why are you combining law enforcement and 
>private parties? Law enforcement can always get 
>access to data when they follow due process.

Law enforcement is a heavy user of WHOIS at the 
moment (or perhaps better said, pre-GDPR). Yes, 
they will be able to get access through due 
process, but that is slow and often will not be 
done, so access will be less. Perhaps a lot so. 
And there may be disclosure requirements that 
might be considered problematic (telling 
registrant that their information has been requested).

Wearing my hat as Chair of the WHOIS2-RDS Review, 
this is one of the issues that we are 
investigating and hope to report on in our Draft Report out in a few weeks.

Alan


>Regards
>
>Michele
>
>
>--
>Mr Michele Neylon
>Blacknight Solutions
>Hosting, Colocation & Domains
>https://www.blacknight.com/
>https://blacknight.blog/
>Intl. +353 (0) 59  9183072
>Direct Dial: +353 (0)59 9183090
>Personal blog: https://michele.blog/
>Some thoughts: https://ceo.hosting/
>-------------------------------
>Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
>Road,Graiguecullen,Carlow,R93 X265,Ireland  Company No.: 370845
>
>On 01/08/2018, 17:27, "registration-issues-wg 
>on behalf of Alan Greenberg" 
><registration-issues-wg-bounces at atlarge-lists.icann.org 
>on behalf of alan.greenberg at mcgill.ca> wrote:
>
>     Yesterday, the EPDP Members were asked to present a 1-3 minute
>     summary of their groups position in regard to the EPDP. The following
>     is the statement agreed to by me, Hadia, Holly and Seun.
>
>     1.   The ALAC believes that the EPDP MUST succeed and will be working
>     toward that end.
>
>     2.   We have a support structure that we are organizing to ensure
>     that what we present here is understood by our community and has
>     their input and support.
>
>     3.   The ALAC believes that individual registrants are users and we
>     have regularly worked on their behalf (as in the PDP that we
>     initiated to protect registrant rights when their domains expire), if
>     registrant needs differ from those of the 4 billion Internet users
>     who are not registrants, those latter needs take precedence. We
>     believe that GDPR and this EPDP are such a situation.
>
>     4.   Although some Internet users consult WHOIS and will not be able
>     to do so in some cases going forward, our main concern is access for
>     those third parties who work to ensure that the Internet is a safe
>     and secure place for users and that means that law enforcement,
>     cybersecurity researchers, those combatting fraud in domain names,
>     and others who help protect users from phishing, malware, spam,
>     fraud, DDoS attacks and such can work with minimal reduction in
>     access to WHOIS data. All within the constraints of GDPR of course.
>
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