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

Don Blumenthal dblumenthal at pir.org
Mon Jan 20 18:40:23 UTC 2014


Thanks. I wasn’t picking on you. Those two examples came to mind because
they were recent in the thread.

Don

On 1/20/14, 1:31 PM, "Bob Bruen" <bruen at coldrain.net> wrote:

>
>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
>>>>>
>>>>> _______________________________________________
>>>>>                                          Gnso-ppsai-pdp-wg mailing
>>>>>list
>>>>> Gnso-ppsai-pdp-wg at icann.org
>>>>> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>>>>>
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>>>>>
>>>>>
>>>>>                   --
>>>>>                   Dr. Robert Bruen
>>>>>                   Cold Rain Labs
>>>>>                   http://coldrain.net/bruen
>>>>>                   +1.802.579.6288
>>>>> _______________________________________________
>>>>>                   Gnso-ppsai-pdp-wg mailing list
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>>>>>
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
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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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