[Gnso-epdp-team] 4.4.9 (and 4.4.2)

Heineman, Ashley AHeineman at ntia.doc.gov
Wed Sep 5 20:46:48 UTC 2018

Dear all.  Please find below proposed edits to 4.4.9, which should be considered initial input as further discussion is welcomed.  Also included below are some recommended edits to 4.4.2, which I realize is being reviewed/modified by someone else.

Regarding 4.4.9, the proposed text is:

Enabling the prevention and detection of cybercrime and illegal DNS abuse to promote the resilience, security, stability and/or reliability of the DNS and the Internet.  Enabling the prevention of unlawful conduct to meet the legitimate needs of law enforcement and public authorities promoting consumer trust in the DNS and the Internet and safeguarding registrant data.

After a lot of deliberation and thought, we decided that this text should remain under section 4.4 (not be moved) as this section is a list of ICANN's and the Contracted Parties' legitimate purposes for processing data and accordingly we want a reference to this purpose as we believe it influences/touches upon at least two stages of their processing (collection and disclosure).

That being said, let it be clear that we are not seeking the collection of additional WHOIS data elements.  However, we do want to ensure that the collection of existing WHOIS data fields continue to be maintained.

Further, it is our view that the collection and disclosure of information, as it aligns with efforts to combat cybercrime and other illegal DNS abuse, is fully consistent with ICANN bylaws and therefore fits within ICANN's purposes.  (see specific bylaw references below).

Lastly, our initial text reflects a concerted effort not to conflate ICANN's purposes with that of LEA/government authorities.  It is our view that the interests and lawful basis of third parties (such as LEA/government authorities) should be articulated elsewhere as appropriate.

ICANN Bylaws (excerpts)
In performing its Mission, ICANN will act in a manner that complies with and reflects ICANN's Commitments and respects ICANN's Core Values, each as described below.



(i) Preserve and enhance the administration of the DNS and the operational stability, reliability, security, global interoperability, resilience, and openness of the DNS and the Internet.


     (e) Registration Directory Service Review

(ii) The Board shall cause a periodic review to assess the effectiveness of the then current gTLD registry directory service and whether its implementation meets the legitimate needs of law enforcement,
promoting consumer trust and safeguarding registrant data.

Regarding 4.4.2, we offer the following edits for consideration.  We believe this provides the necessary specificity required under GDPR:

Providing collection and disclosure of accurate, reliable, and uniform Registration Data based on lawful basis, consistent with GDPR, to ensure resilience, security, and/or stability of the DNS.  In the case of legitimate interest as a basis, collection and disclosure must not outweigh the fundamental rights of relevant data subjects.

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