[Gnso-ppsai-pdp-wg] Privacy/Proxy and spam/botnets

Bob Bruen bruen at coldrain.net
Mon Jan 20 18:31:33 UTC 2014


Hi Don,

http://www.senderbase.org/  - A Cisco group which has been documenting the 
percent of spam for many years. Today it was 85% spam.

I think that part about the origin of privacy services in not question. 
Registrars sell this service, Proxy has a broader definition, but when 
limited to offers by Registrars, it is straightforward.

If you want to look at a private company offering to be the front for 
other organizations, that company would be the registrant for the domains.

                   --bob


On Mon, 20 Jan 2014, Don Blumenthal wrote:

> I¹m jumping in briefly to rename this thread.
>
> And request that assertions of fact (spam percentages and origin of proxy
> and privacy services to name a couple) be accompanied by documentation so
> we can get a head start on assembling materials. It will have to happen
> now or later.
>
> Don
>
> On 1/20/14, 12:47 PM, "Volker Greimann" <vgreimann at key-systems.net> wrote:
>
>> As a European, I believe in data protection and data privacy.
>> Information that needs to be public should be. Information that does not
>> should not. "The public" indeed does not need that data. If you think
>> that is extreme...
>>
>> BTW: I also have an issue with tapping phones, logging connection data,
>> logging private communication, etc.
>>
>> Volker
>>
>> Am 20.01.2014 18:36, schrieb Bob Bruen:
>>> Hi Volker,
>>>
>>> Law Enforcement has been compaining for years about access to whois
>>> and still do. This is just an obstacle thrown up to slow down finding
>>> who the bad actors are. Getting court orders and warrants just to see
>>> who owns a domain (commercial) is way out there. The information was
>>> intended to be public in the first place.
>>>
>>> It appears that you have decided that the general public does not
>>> deserve access to public whois data. Again, I do not know what to say
>>> to something so extreme.
>>>
>>>                --bob
>>>
>>>
>>> On Mon, 20 Jan 2014, Volker Greimann wrote:
>>>
>>>> No identities of criminals are effectively protected by privacy
>>>> services, provided they are required to reveal such
>>>> identities to law enforcement of appropriate jurisdiction.
>>>>
>>>> Private individuals, vigilantes or other interested parties on the
>>>> other hand have no real legitimate interest to receive
>>>> data on alleged criminals data unless they want to take matters best
>>>> left to LEAs into their own hands.
>>>>
>>>> There is a reason why even criminals have the right to privacy and
>>>> not to have their full names and likenesses published.
>>>> Heck, in Japan, TV stations even mosaic handcuffs of suspects.
>>>>
>>>> Volker
>>>>
>>>>
>>>>       Hi Tim,
>>>>
>>>>       The harm is protecting the identities of criminnals. And I
>>>> consider undermining whois a harm, as well
>>>>
>>>>                           --bob
>>>>
>>>>
>>>>       On Mon, 20 Jan 2014, Tim Ruiz wrote:
>>>>
>>>>             What are the problems commercial entities that use p/p
>>>> have caused?
>>>>
>>>>                   On Jan 20, 2014, at 8:11 AM, "Bob Bruen"
>>>> <bruen at coldrain.net> wrote:
>>>>
>>>>
>>>>                   Hi Volker,
>>>>
>>>>                   I was merely responding to Stephanie's comments
>>>> about the difficulties, not advocating a
>>>>                   position.
>>>>
>>>>                   However, as you are aware, I do advocate barring
>>>> commercial entities from using p/p,
>>>>                   because the use has already caused harm and we
>>>> should fix that. The providers created
>>>>                   the problem in the first place, so allowing them to
>>>> continue to control it simply
>>>>                   continues the problem.
>>>>
>>>>                   The discussion of all this is the point of this
>>>> group (and other groups).
>>>>
>>>>                                     --bob
>>>>
>>>>                         On Mon, 20 Jan 2014, Volker Greimann wrote:
>>>>
>>>>                         I agree that it would be possible to bar
>>>> commercial entities from using p/p
>>>>                         services, however I am not sure it is the
>>>>                         sensible thing to do. Certainly, there is
>>>> abuse, but by creating a blanket
>>>>                         prohibition, i fear more damage will be done to
>>>>                         legitimate interests than good is done to
>>>> illegitimate ones.
>>>>                         In the end it should be up to the provider
>>>> which categories of clients it
>>>>                         accepts.
>>>>                         Volker
>>>>                         Am 20.01.2014 02:08, schrieb Bob Bruen:
>>>>
>>>>                              Hi Stephanie,
>>>>
>>>>                              It is entirely possible to decide to bar
>>>> commercial entities, create a
>>>>                         definition of "comercial entities" and
>>>>                              then deal with those which appear to
>>>> problematical.
>>>>
>>>>                              The fraudsters probably will not be a
>>>> set up as a legitimate bussiness,
>>>>                         but their sites can be identified as
>>>>                              spam, malware, etc types and thus taking
>>>> money, therefore a business. I
>>>>                         am sure there are other methods to deal
>>>>                              with problem domain names.
>>>>
>>>>                              In general, exceptions or problems
>>>> should not derail a process.
>>>>
>>>>                                                    --bob
>>>>
>>>>                              On Sun, 19 Jan 2014, Stephanie Perrin
>>>> wrote:
>>>>
>>>>                                    I dont want to keep beating a dead
>>>> horse here....but if there is
>>>>                         a resounding
>>>>                                    response of "yes indeed, bar
>>>> commercial entities from using P/P
>>>>                         services", then
>>>>                                    how are you going to propose that
>>>> p/p proxy service providers
>>>>                         determine who is a
>>>>                                    commercial entity, particularly in
>>>> jurisdictions which have
>>>>                         declined to regulate
>>>>                                    the provision of goods and
>>>> services over the Internet?  I don't
>>>>                         like asking
>>>>                                    questions that walk us into
>>>> corners we cannot get out of.  Do the
>>>>                         fraudsters we
>>>>                                    are worried about actually apply
>>>> for business numbers and
>>>>                         articles of
>>>>                                    incorporation in the jurisdictions
>>>> in which they operate?  I
>>>>                         operate in  a
>>>>                                    jurisdiction where this
>>>> distinction is often extremely difficult
>>>>                         to make.  THe
>>>>                                    determination would depend on the
>>>> precise use being made of the
>>>>                         domain
>>>>                                    name....which gets ICANN squarely
>>>> into content analysis, and
>>>>                         which can hardly be
>>>>                                    done for new registrations, even
>>>> if t were within ICANN's remit.
>>>>                         I am honestly
>>>>                                    not trying to be difficult, but I
>>>> just have not heard a good
>>>>                         answer to this
>>>>                                    problem.
>>>>                                    Stephanie Perrin
>>>>                                    On 2014-01-19, at 4:38 PM, Holly
>>>> Raiche wrote:
>>>>
>>>>                                          Jin and all
>>>>                                    I agree with Jim here (and Don
>>>> earlier).  The important task here
>>>>                         is
>>>>                                    agreeing on the questions to be
>>>> asked of the SO/ACs.  So we need
>>>>                         to get
>>>>                                    back to framing the questions -
>>>> not answering them, however
>>>>                         tempting that
>>>>                                    may be.
>>>>
>>>>                                    So the question of whether
>>>> 'commercial entities' should be barred
>>>>                         is still
>>>>                                    a useful question to ask. The next
>>>> question would be whether
>>>>                         there are
>>>>                                    possible distinctions that should
>>>> be drawn between an entity that
>>>>                         can use
>>>>                                    the service and one that can't
>>>> and, if so, where is the line
>>>>                         drawn. I agree
>>>>                                    with the discussion on how
>>>> difficult that will be because many
>>>>                         entities
>>>>                                    that have corporate status also
>>>> have reasonable grounds for
>>>>                         wanting the
>>>>                                    protection of such a service
>>>> (human rights organisations or
>>>>                         women's refuges
>>>>                                    come to mind).   But that is the
>>>> sort of response we are seeking
>>>>                         from
>>>>                                    others outside of this group - so
>>>> let's not prejudge answers.
>>>>                         Let's only
>>>>                                    frame the questions that will help
>>>> us come to some sensible
>>>>                         answers.
>>>>                                     Otherwise, we'll never get to the
>>>> next steps.
>>>>
>>>>                                    And my apologies for the next
>>>> meeting.  I have a long day ahead
>>>>                         on
>>>>                                    Wednesday (Sydney time) and taking
>>>> calls at 2.00am won't help.
>>>>                         So Ill read
>>>>                                    the transcript and be back in a
>>>> fortnight (2 weeks for those who
>>>>                         do not use
>>>>                                    the term)
>>>>
>>>>                                    Holly
>>>>
>>>>                                    On 16/01/2014, at 5:39 AM, Jim
>>>> Bikoff wrote:
>>>>
>>>>                                          Don and all,
>>>>
>>>>                                    As we suggested earlier, and
>>>> discussed in the last Group
>>>>                                    teleconference, it might be
>>>> helpful, as a next step, if we
>>>>                         reached a
>>>>                                    consensus on the groups of
>>>> questions before sending them out to
>>>>                                    SO/ACs and SG/Cs.
>>>>
>>>>                                    This would involve two steps:
>>>> First, agreeing on the name of each
>>>>                                    group; and second, streamlining
>>>> the questions in each group.
>>>>
>>>>                                    In the first step, we could
>>>> consider alternative headings
>>>>                         (perhaps
>>>>                                    REGISTRATION instead of
>>>> MAINTENANCE).
>>>>
>>>>                                    And in the second step, we could
>>>> remove duplicative or vague
>>>>                                    questions.
>>>>
>>>>                                    This crystallization would make
>>>> the questions more approachable,
>>>>                         and
>>>>                                    encourage better responses.
>>>>
>>>>                                    I hope these ideas are helpful.
>>>>
>>>>                                    Best,
>>>>
>>>>                                    Jim
>>>>
>>>>                                    James L. Bikoff
>>>>                                    Silverberg, Goldman & Bikoff, LLP
>>>>                                    1101 30th Street, NW
>>>>                                    Suite 120
>>>>                                    Washington, DC 20007
>>>>                                    Tel: 202-944-3303
>>>>                                    Fax: 202-944-3306
>>>>                                    jbikoff at sgbdc.com
>>>>
>>>>
>>>>
>>>>                                    From: Don Blumenthal
>>>> <dblumenthal at pir.org>
>>>>                                    Date: January 14, 2014 11:09:23 AM
>>>> EST
>>>>                                    To: PPSAI
>>>> <gnso-ppsai-pdp-wg at icann.org>
>>>>                                    Subject: [Gnso-ppsai-pdp-wg]
>>>> Carlton's closing chat question
>>>>                                          Carlton posted an issue that
>>>> shouldn¹t wait a week:
>>>>
>>>>                                    ³John came up with 4 groups. Do we
>>>> have a notion that others
>>>>                                    might be extracted?  And where do
>>>> we include/modify questions
>>>>                                    to address Stephanie's issue?"
>>>>
>>>>                                    Jim had four groups and an
>>>> umbrella Main category, which may be
>>>>                                    instructive in itself in guiding
>>>> how we proceed
>>>>                                    organizationally. Regardless, the
>>>> consensus of commenters has
>>>>                                    been that his document is a
>>>> significant improvement over where
>>>>                                    we were before, and I suggest that
>>>> we use it as a baseline.
>>>>                                    However, we still have work to do
>>>> on it. Feel free to suggest
>>>>                                    modifications.
>>>>
>>>>                                    Don
>>>>
>>>> _______________________________________________
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>>>>
>>>>                   --
>>>>                   Dr. Robert Bruen
>>>>                   Cold Rain Labs
>>>>                   http://coldrain.net/bruen
>>>>                   +1.802.579.6288
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>>>>
>>>
>>
>> --
>> Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.
>>
>> Mit freundlichen Grüßen,
>>
>> Volker A. Greimann
>> - Rechtsabteilung -
>>
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>>
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-- 
Dr. Robert Bruen
Cold Rain Labs
http://coldrain.net/bruen
+1.802.579.6288


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