[CPWG] [GTLD-WG] [registration-issues-wg] ALAC Statement regarding EPDP
Alan Greenberg
alan.greenberg at mcgill.ca
Thu Aug 2 15:29:36 UTC 2018
At 02/08/2018 10:37 AM, Michele Neylon - Blacknight 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
Privacy is not absolute but based on various
other issues. So yes, we are saying that in some
cases, the other issues trump privacy. Perhaps we
differ on where the dividing line is.
>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.
Both here and in reply to #3, the term "due
process" tends to be used in reference to legal
constraints associated with law enforcement
actions as sanctioned by laws and courts. That is
one path to unlocking otherwise private
information. A major aspect of the GDPR
implementation will be identifying other less
cumbersome and restricted processes for accessing
WHOIS data by a variety of partners. It will not
be unconstrained nor will it be as cumbersome as going to court (hopefully).
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 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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