[CPWG] [GTLD-WG] [registration-issues-wg] ALAC Statement regarding EPDP

Roberto Gaetano roberto_gaetano at hotmail.com
Thu Aug 2 14:46:15 UTC 2018


I have to agree with Michele here - if there is a due process, it must be for a good reason.
To allow skipping due process for ease of access is, to me, like jumping a queue because it’s faster.
But this is a discussion that we are having since before ICANN, and positions have not moved much.
R


> On 02.08.2018, at 16:37, Michele Neylon - Blacknight <michele at blacknight.com> wrote:
> 
> Jonathan / Alan
> 
> Thanks for the clarifications.
> 
> 3 - I don't know how you can know what the interests of a user are. The assumption you seem to be making is that due process and privacy should take a backseat to access to data
> 4 - Same as 3. Plenty of ccTLDs never offered PII in their public whois and there weren't any issues with security or stability.
> 
> Skipping due process for "ease of access" is a very slippery and dangerous slope.
> 
> 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 02/08/2018, 15:03, "Jonathan Zuck" <JZuck at innovatorsnetwork.org> wrote:
> 
>    Thanks Michele!
>    3. Where there appears to be a conflict of interest between a registrant and non-registrant end user, we'll be endeavoring to represent the interests of the non-registrant end user.
>    4. Related to 3. This is simply an affirmation of the interests of end users in a stable and secure internet and it is those interests we'll be representing. We've included law enforcement because efficiencies regarding their access may come up. Just because there's always a way for them to get to data doesn't mean it's the best way.
> 
>    Make sense?
>    Jonathan
> 
> 
>    -----Original Message-----
>    From: GTLD-WG <gtld-wg-bounces at atlarge-lists.icann.org> On Behalf Of Michele Neylon - Blacknight
>    Sent: Wednesday, August 1, 2018 12:34 PM
>    To: Alan Greenberg <alan.greenberg at mcgill.ca>; CPWG <cpwg at icann.org>
>    Subject: Re: [GTLD-WG] [CPWG] [registration-issues-wg] ALAC Statement regarding EPDP
> 
>    Alan
> 
>    1 - good
>    2 - good
>    3 - I don't understand what that means
>    4 - Why are you combining law enforcement and private parties? Law enforcement can always get access to data when they follow due process. 
> 
>    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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