[CPWG] FW: Engagement on DNS Abuse

Joanna Kulesza jkuleszaicann at gmail.com
Wed Feb 3 18:03:33 UTC 2021


Hi David,

happy to help on the first issue: 
https://www.ecpat.org/wp-content/uploads/legacy/SECO%20Manifestations_CSAM.pdf 
( *Child Sexual Abuse Material* (CSAM) ) and equally happy to explore 
the root of the picket fence (pun intended).

Thanks,

J.

W dniu 03.02.2021 o 17:35, David Mackey pisze:
> Jonathan,
>
> Thanks for posting.
>
> Simple question first ... Can someone please tell me what "CSAM" 
> stands for? I apologize for the uniformed question.
>
> Second question ... Can someone point me to a link that records 
> ICANN's decision not to cross the content "picket fence". I'd like to 
> understand the context ofJoanna's statement better ...  "crosses the 
> content "picket fence" that the ICANN community had set for itself".
>
> Thanks!
> David
>
> On Wed, Feb 3, 2021 at 10:27 AM Laurin B Weissinger via CPWG 
> <cpwg at icann.org <mailto:cpwg at icann.org>> wrote:
>
>     Dear all,
>
>     My comments, adding onto Johanna’s:
>>
>>     Keeping these in mind the proposed definition and scope of DNS
>>     Abuse strikes as arbitrary: what were the criteria set for
>>     selecting these specific categories as DNS Abuse while leaving
>>     other potential categories out?
>>
>     The perspective I am getting from SSR2 is to start with the
>     obvious, technically detectable ones: phishing, C2, plus reports
>     of those. Essentially, stop crimes in progress that do not require
>     complicated and long human oversight.
>
>     I am worried about including issues that are private disputes.
>     Even if many use Copyright to stop crimes in progress, as it is
>     the only thing that works. (Consider how insane this is: I need to
>     use the fact that someone is using my logo not as evidence but as
>     a CR issue to stop an actual crime in progress.)
>>
>>     Including IP infringement on equal footing with CSAM raises
>>     serious concerns among At-Large members
>>
>     Absolutely agree with Johanna on the CSAM aspect. It is, imho,
>     ridiculous and more so offensive to name _private_ copyright
>     _disputes_ alongside CSAM.*
>
>     Again, speaking from SSR2 experience: focus can be put on forcing
>     immediate review in case of reports, allowing bulk reports,
>     introducing hurdles for criminals on registration, pre-review of
>     suspicious names, etc. (I.e. do things that reduce abuse before it
>     happens)
>
>     All the best
>     Laurin
>
>     * Indeed, beyond this being ethically and morally unacceptable,
>     companies (not gonna name names) use copyright complaints to
>     silence their critics (free speech issue), arguably themselves
>     being abusers of the system, at least in some cases.
>
>
>     On Wed, Feb 3, 2021 at 15:49, Jonathan Zuck
>     <JZuck at innovatorsnetwork.org <mailto:JZuck at innovatorsnetwork.org>>
>     wrote:
>>
>>     Evin has suggested that I had, perhaps, NOT forwarded this to the
>>     group. Here’s the discussion thread, initiated by Keith Drazek on
>>     the Contracted Party House DNS Abuse Work Group. This includes,
>>     Joanna’s expression of mission creep concern.
>>
>>     Jonathan
>>
>>     Jonathan Zuck
>>
>>     Executive Director
>>
>>     Innovators Network Foundation
>>
>>     www.InnovatorsNetwork.org <http://www.InnovatorsNetwork.org>
>>
>>     *From: *Joanna Kulesza <mailto:jkuleszaicann at gmail.com>
>>     *Sent: *Wednesday, January 27, 2021 2:12 AM
>>     *To: *Maureen Hilyard <mailto:maureen.hilyard at gmail.com>;
>>     Jonathan Zuck <mailto:JZuck at innovatorsnetwork.org>
>>     *Subject: *Re: Engagement on DNS Abuse
>>
>>     Great stuff Jonathan, as always. Feel free to share. If I were to
>>     add my two cents, I'd put these in the "pain points" section
>>     while these are of a more general nature.
>>
>>     "From the discussions we've had within At-Large it is clear that
>>     the very scope and definition of DNS Abuse is a "pain point".
>>     This was also the take away from the discussions we've had with
>>     the invited guests from within and beyond the ICANN community.
>>     "DNS Abuse" as it is now defined in the proposed Framework
>>     affects the entire internet community of end users while being
>>     already covered by existing national and international norms and
>>     standards. Keeping these in mind the proposed definition and
>>     scope of DNS Abuse strikes as arbitrary: what were the criteria
>>     set for selecting these specific categories as DNS Abuse while
>>     leaving other potential categories out?
>>
>>     This is particularly relevant with regard to our second concern:
>>     the proposed scope of DNS Abuse clearly crosses the content
>>     "picket fence" that the ICANN community had set for itself.
>>     Including IP infringement on equal footing with CSAM raises
>>     serious concerns among At-Large members. We are concerned not
>>     only with the very fact of the picket fence being crossed but
>>     also by the way in which this is being done. Does this mean we
>>     should finally abandon the well established yet always
>>     controversial narrative of a strictly technical infrastructure
>>     management?
>>
>>     Once content is concerned, the existing and proposed practice
>>     fails to recognize international legal safeguards when it comes
>>     to restrictions put on individual freedoms. Whenever an
>>     individual liberty is to be restricted, due process must be
>>     ensured. The procedures proposed by the DNS Abuse framework fail
>>     to ensure e.g. a right to an effective legal remedy. While we
>>     realize this argument brings us back tot he general discussion on
>>     limits of ICANN's contractual jurisdiction, that is an argument
>>     we would be interested to during any upcoming DNS Abuse work.
>>
>>     Only once these concerns relating to the scope of the definition
>>     of DNS Abuse can be addressed, can we focus on metrics and
>>     effective enforcement that will provide a fair and operational
>>     framework protecting the rights of end users."
>>
>>     By all means to feel free to rephrase!:) What I'm arguing for is
>>     that for us to be able to "measure" DNS Abuse we should first
>>     clearly and transparently decide what it means. The current
>>     framework means the contracted parties are indeed trying to play
>>     a self-proclaimed internet police (militia?). Why did we presume
>>     DNS Abuse is CSAM and (in the same breath) fake Gucci bags but
>>     not hate speech and inciting violence? While we clearly would not
>>     have the answer ready, that is definitely a discussion we should
>>     have. The GAC might be interested in this as well (see last
>>     update from Veni on the ITU processes).
>>
>>     Thanks for considering team!
>>
>>     Best,
>>
>>     J.
>>
>>     W dniu 27.01.2021 o 01:39, Maureen Hilyard pisze:
>>
>>         In your inimitable style. Love it. Send it.
>>
>>         M
>>
>>         On Tue, Jan 26, 2021 at 12:34 PM Jonathan Zuck
>>         <JZuck at innovatorsnetwork.org
>>         <mailto:JZuck at innovatorsnetwork.org>> wrote:
>>
>>             Ladies,
>>
>>             Here’s my draft response. Let me know what you think!
>>
>>             Jonathan
>>
>>             =============================================================
>>
>>             Hey folks! Thanks for reaching out. Joanna and I, for
>>             sure, would be willing to join you and I suspect others,
>>             as well, once we know the timing. With respect to the
>>             questions below, I’ll do my best to provide some initial
>>             responses but I suspect the first question might be
>>             pivotal. There seems to be a lack of real data on the
>>             topic and perhaps some additional objective research is
>>             the answers. We endeavored to begin this process, during
>>             the CCTRT (sadag-final-09aug17-en.pdf (icann.org)
>>             <https://www.icann.org/en/system/files/files/sadag-final-09aug17-en.pdf>,
>>             but obviously barely scratched the surface. Perhaps a
>>             more comprehensive study, funded by ICANN rather than the
>>             CPH or CSG might be in order? I know DAAR provides some
>>             answers but it seems to be more of a survey than an
>>             example of rigorous research. Specifically to your questions.
>>
>>              1. *What information do you use and how do you use it to
>>                 assess DNS Abuse levels?*
>>                 This is obviously where we are weak. There doesn’t
>>                 appear to be a great source for DNS Abuse “levels,”
>>                 particularly because of the short time period over
>>                 which a particular initiative takes place. A snapshot
>>                 analysis doesn’t seem to get the full picture. The
>>                 ALAC relies on the concerned raised by the GAC and
>>                 the SSAC to fuel our belief that there’s more we
>>                 should be doing. A recent report from Microsoft
>>                 suggests the problem is bigger than we realize and
>>                 David Taylor’s analysis of “responsiveness,” even
>>                 among those who have signed onto the framework, seems
>>                 damning.
>>              2. *What are the ALAC’s pain points regarding DNS Abuse?*
>>                 Not sure to answer this in terms of how it’s handled
>>                 inside ICANN or more generally from where our
>>                 interests stems. To the latter point, we’re tasked
>>                 with advancing the interests of those not represented
>>                 by a constituency in the GNSO, namely those engaged
>>                 in everyday use of the internet, as opposed to
>>                 registrants. As the user base continues to grow, as
>>                 we all desire, so too will the numbers of less
>>                 sophisticated users, more easily duped by a phishing,
>>                 malware or fraudulent advertising attack.
>>                 As for the situation inside ICANN, the At-Large
>>                 community have attempted to engage constructively as
>>                 opposed to “attacking” the CPH, focusing instead on
>>                 so-called “bad actors.” The first session
>>                 <https://community.icann.org/display/atlarge/At-Large+Meetings+-+Monday%2C+09+March+2020?preview=/124847126/126428447/CCWholistic02.pdf>
>>                 was an attempt to bring the CPH and Contract
>>                 Compliance into the same room to figure out where the
>>                 holes are.
>>
>>                  1. *What exactly are the relevant limits on Contract
>>                     Compliance?
>>                     *We feel this is a question which comes up
>>                     constantly and is never successfully or
>>                     consistently answered. It seems to be an area in
>>                     which the ICANN community is constantly chasing
>>                     it’s tail. It would seem that the only real
>>                     enforced contract provision is payment. I’m sure
>>                     this is an exaggeration but it seems to be a
>>                     repeated situation where that is ultimately what
>>                     foils a “ bad actor” after YEARS of neglect, if
>>                     not outright facilitation of abuse. The answer to
>>                     THIS question should be a HIGH priority. It might
>>                     just be agreeing to an interpretation of the
>>                     contracts or it might require an amendment to the
>>                     contracts but this issue needs to stop being a
>>                     merry go round.
>>                  2. *Insufficient Transparency from Contract Compliance
>>                     *Contract Compliance undocumented endeavors at
>>                     soft touch diplomacy with bad actors seem to need
>>                     some better limits or, at least, transparency.
>>                     For “the market” to play a role in this, knowing
>>                     about legitimate complaints for every contracted
>>                     party could help customers make better decisions
>>                     about which businesses to use and help us better
>>                     understand where policy development needs to take
>>                     place.
>>                  3. *Deflection and Minimization of the Problem
>>                     *I would say that one “pain point” is that our
>>                     efforts have been largely “trolled” by certain
>>                     members of the CPH, rather than engaging
>>                     constructively. EVEN our effort to conceive of
>>                     some sort of end user education campaign, to take
>>                     the pressure off the CPH, was trolled. Jim, not
>>                     to put you on the spot but, during one
>>                     conversation, you said you didn’t even understand
>>                     why this was being discussed because it affects
>>                     such a small percentage of registered names. To
>>                     date, we have proposed:
>>
>>             ///i.////Better contract enforcement/
>>
>>             ///ii.////More tools for Contract Compliance/
>>
>>             ///iii.////DNS Abuse “threshold,” an idea that found some
>>             support among the CPH at one point/
>>
>>             ///iv.////Predictive Analytics platform, perhaps financed
>>             by ICANN/
>>
>>             The At-Large community has /absolutely/ no desire to over
>>             regulate or over tax the CPH and we understand most of
>>             the contracted parties, particularly those showing up to
>>             meetings, are trying to do well and continuously improve.
>>             That said, this notion that it’s somehow not “our place,”
>>             to be trying to help is nothing short of offensive. It is
>>             the active participation of the ALAC and GAC that enable
>>             the ICANN to portray itself as something other than a
>>             trade association. The At-Large mandate is to advance the
>>             interests of those MOST impacted by DNS Abuse. That said,
>>             we WELCOME suggestions on how better to engage with the
>>             CPH for constructive outcomes.
>>
>>              3. *Are you seeing practices from registrars or
>>                 registries you find helpful?*
>>                 If we haven’t said it enough, the At-Large
>>                 appreciates the efforts of those behind the Framework
>>                 for DNS Abuse and the huge efforts that went into
>>                 cooperation with law enforcement to track down COVID
>>                 related abuse. We’d love to see the framework evolve
>>                 to include specific commitments and metrics, however,
>>                 for it to be something on which the community could
>>                 truly rely.
>>
>>             We hope these answers are constructive and not
>>             inflammatory as it is our intention to find the most
>>             effective ways to proceed to further minimize the
>>             incidence of DNS Abuse , in all its forms. Thanks for the
>>             opportunity to be part of your conversation.
>>
>>             Maureen, Joanna & Jonathan
>>
>>             *From: *Keith Drazek <kdrazek at verisign.com
>>             <mailto:kdrazek at verisign.com>>
>>             *Date: *Friday, January 22, 2021 at 12:00 PM
>>             *To: *"maureen.hilyard at gmail.com
>>             <mailto:maureen.hilyard at gmail.com>"
>>             <maureen.hilyard at gmail.com
>>             <mailto:maureen.hilyard at gmail.com>>, Jonathan Zuck
>>             <JZuck at innovatorsnetwork.org
>>             <mailto:JZuck at innovatorsnetwork.org>>,
>>             "jkuleszaicann at gmail.com
>>             <mailto:jkuleszaicann at gmail.com>"
>>             <jkuleszaicann at gmail.com <mailto:jkuleszaicann at gmail.com>>
>>             *Cc: *"Brian F. Cimbolic" <BCimbolic at pir.org
>>             <mailto:BCimbolic at pir.org>>, Jim Galvin
>>             <jgalvin at afilias.info <mailto:jgalvin at afilias.info>>,
>>             Graeme Bunton <gbunton at tucows.com
>>             <mailto:gbunton at tucows.com>>
>>             *Subject: *Engagement on DNS Abuse
>>
>>             Hello Maureen, Jonathan and Joanna,
>>
>>             I hope you’re all doing well and staying healthy and
>>             safe. I am reaching out to you on behalf of the
>>             Contracted Party House DNS Abuse Working Group as we look
>>             ahead to ICANN 70 and the rest of 2021.
>>
>>             The Contracted Party House (CPH) DNS Abuse Group is
>>             conducting outreach to our friends in other SO/AC/SG/Cs
>>             regarding DNS Abuse. As previously noted by the CPH, DNS
>>             Abuse
>>             <https://rrsg.org/wp-content/uploads/2020/10/CPH-Definition-of-DNS-Abuse.pdf>
>>             comprises five categories: phishing, pharming, malware,
>>             botnets, and spam when it acts as a delivery mechanism
>>             for one of the other forms of DNS Abuse.
>>
>>             We want to open a more direct dialogue to understand pain
>>             points, hear suggestions and identify common ground where
>>             we can work together to mitigate DNS Abuse.  Is there a
>>             subset of the At-Large focusing on DNS Abuse questions
>>             that would be able to join the CPH DNS Abuse group on a
>>             call to discuss this topic? We want to encourage frank
>>             and productive discussions  on the topic that lead to
>>             really informing our dialogues and actions.
>>
>>             As a starting point, we propose the following questions
>>             to guide our discussion.  Are there any other questions
>>             ALAC would like discuss?:
>>
>>             What information do you use and how do you use it to
>>             assess DNS Abuse levels?
>>
>>             What are the ALAC’s pain points regarding DNS Abuse?
>>
>>             Are you seeing practices from registrars or registries
>>             you find helpful?
>>
>>             Please let us know if a subgroup of the ALAC would be
>>             willing to join us.  Our group meets regularly on
>>             Tuesdays at 1500 UTC.  If so, please propose a Tuesday
>>             when you are available.
>>
>>             Best regards,
>>
>>             Keith
>>
>>             Keith Drazek
>>
>>             Vice President, Public Policy & Government Relations
>>
>>             Verisign, Inc.
>>
>>             +1-571-377-9182
>>
>>             Kdrazek at verisign.com <mailto:Kdrazek at verisign.com>
>>
>>     -- 
>>     Kind regards,
>>     Joanna Kulesza
>>     -------------------
>>     Joanna Kulesza, PhD
>>     University of Lodz, Poland
>>     ICANN ALAC Vice Chair
>>     SOI:https://community.icann.org/display/atlarge/Joanna+Kulesza+SOI  <https://community.icann.org/display/atlarge/Joanna+Kulesza+SOI>
>>     TT: @KuleszaJ
>>
>
>
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-- 
Kind regards,
Joanna Kulesza
-------------------
Joanna Kulesza, PhD
University of Lodz, Poland
ICANN ALAC Vice Chair
SOI: https://community.icann.org/display/atlarge/Joanna+Kulesza+SOI
TT: @KuleszaJ

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