[CPWG] SSAC and Steve Crocker interventions - and the Global Public Interest

[Olivier MJ Crépin-Leblond]

Dear Colleagues,

during the ICANN meeting, the ALAC met with the SSAC and touched on 
several topics.
A recording is linked below - but a particularly interesting 
intervention was that of Dr. Steve Crocker.

*Joint Session: ALAC & SSAC*
*Session Details: https://sched.co/1T4Kr
Zoom Recording: 
https://icann.zoom.us/rec/share/wglfBxy1wiD1QWzk0yxQbBf5Wa-1ocJWLCcfc7SUCrra5zR9z5gozfOFXVp_3Qdp.saTcYJQPcR7nbXGM?startTime=1697973518000
*
Steve Crocker starts on: 00:08:56 - and touches on some interesting topics.
At 21:48 - Dr. Crocker provides his opinion about the WHOIS situation, 
which in his view has been broken for many years.
The "System", meaning the ICANN policy and implementation of the 
Registration Data Request System (RDRS) reflects concerns of the domain 
owner side, its Registrar, Registries, but very little on the Requester 
side.
And then the comments on: 26:24 tagged a personal opinion about the 
ICANN consensus process being flawed relating to this topic.

These are significant words coming from an ex-Chair of ICANN who had 
access to all of the ICANN inside track.

The SSAC also had a meeting with the ICANN Board. Again, several members 
of the SSAC raised some significant points - whereas the "consumer" 
which includes end users are faced with ridiculous process put in place 
by incorrect implementation of ICANN policy.

*Joint Session: ICANN Board and SSAC*
*Session Details: https://sched.co/1T4Ht
Zoom Recording: 
https://icann.zoom.us/rec/share/EgEGgiDRs1DIr7arQu_UBULIw1k-zhsk9bouuxnufPYg5F-u_tSkpy4RbeEg1EjW.aCjin6h4k9w_hzrm?startTime=1698152456000
*
Several SSAC members noted a pattern of not involving the consumer in 
the design of these systems. A particular concern relates to "urgent 
requests" which the PDP has responded to as a response in a matter of 
days - not hours or minutes.

Steve Crocker speaks at: 22:42
John Levine speaks at: 32:49

Both Avri Doria and Edmon Chung provide very valuable input into the 
discussion - and explain that ultimately the Board is tasked with 
upholding the Global Public Interest.

But the point is made that CISA DS ( 
https://www.cisa.gov/news-events/directives ) which was included 
initially as consensus policy does not appear to be in the contracts 
signed with ICANN - and the SSAC member asking the question (Benedict 
Addis - a technical officer in the Cyber and Forensics department of the 
Serious Organised Crime Agency (SOCA), a UK law enforcement body) 
regarding access to Registrant data in emergency situations - those of 
hostage taking or where there is a matter of life or death, does not 
seem particularly impressed.

The ICANN Board - as Becky Burr said, agree that the system is not fit 
for purpose. "The Board will be bringing the urgent request issue back 
to the GNSO council".

At 50:00 Rod Rasmussen spoke of "things that don't quite work right" - 
but is careful in mentioning SSAC are not picking on Contracted Parties.

Sadly, two of the Board members that focussed in particular on the topic 
were Avri and Matthew and they have now left the Board. I hope other 
Board members will pick up the helm of the Public Interest because it 
becomes clear that there is a problem here.

Could it be useful to take these problems as examples to support the 
need for an ICANN pilot Holistic Review?

Kindest regards,

Olivier
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