[gnso-rds-pdp-wg] Dangers of public whois

Volker Greimann vgreimann at key-systems.net
Tue Feb 14 17:22:34 UTC 2017


Hi John,

indeed, stricter data protection laws, court decisions or a different 
appreciation of the need of users to be protected from abuse of their 
private data may dictate stricter handling in the future. I hope you are 
not arguing against allowing for such changes?

Best,

Volker


Am 14.02.2017 um 18:18 schrieb John Horton:
> ​Hi Benny,
>
> Let me try to dig into that a little bit with a serious question. What 
> assurance do those of us engaged in cybercrime investigation -- or not 
> yet created organizations that are legitimate -- have that we would 
> have the same level of access in the future? Is it possible for this 
> group to make that assurance? To be sure, this isn't my only concern 
> or objection, but part of what I'm trying to get at is: even if those 
> of us on this working group were to agree that cybercrime-mitigation 
> entities should have the same access we have today, what's to prevent 
> a stricter regime from changing the rules in the future? In other 
> words, if we create a system that empowers one central organization to 
> say that Allison's reasons (for example) are valid now, there's 
> nothing to prevent that organization from deciding to block her in the 
> future because they don't believe her reasons for investigating 
> cybercrime are valid. Put another way, my concern isn't that you 
> personally or anyone on this group wants to block cybercrime 
> mitigation from happening -- rather, I'm wondering how this group 
> could bind a future RDS 1, 5 or 10 years down the road not to change 
> the goalposts.
>
> John Horton
> President and CEO, LegitScript
>
>
> *FollowLegitScript*: LinkedIn 
> <http://www.linkedin.com/company/legitscript-com> | Facebook 
> <https://www.facebook.com/LegitScript>  | Twitter 
> <https://twitter.com/legitscript> | _Blog 
> <http://blog.legitscript.com>_  |Google+ 
> <https://plus.google.com/112436813474708014933/posts>
>
>
>
>
> On Tue, Feb 14, 2017 at 9:05 AM, benny at nordreg.se 
> <mailto:benny at nordreg.se> <benny at nordreg.se <mailto:benny at nordreg.se>> 
> wrote:
>
>     Well it might be so, but every singel person “claiming” they use
>     whois for investigation seems to lack the understanding that they
>     will get the access it will just be a little harder to get the
>     normal misuse of whois info can be prevented but looks like noen
>     of you want that to happen...
>
>     --
>     Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
>
>     Benny Samuelsen
>     Registry Manager - Domainexpert
>
>     Nordreg AB - ICANN accredited registrar
>     IANA-ID: 638
>     Phone: +46.42197080 <tel:%2B46.42197080>
>     Direct: +47.32260201 <tel:%2B47.32260201>
>     Mobile: +47.40410200 <tel:%2B47.40410200>
>
>     > On 14 Feb 2017, at 17:58, allison nixon <elsakoo at gmail.com
>     <mailto:elsakoo at gmail.com>> wrote:
>     >
>     > Benny, dude, you just wrote "Buhu my work will get harder", so
>     please don't complain about adult and mature answers
>     >
>     > On Tue, Feb 14, 2017 at 11:56 AM, benny at nordreg.se
>     <mailto:benny at nordreg.se> <benny at nordreg.se
>     <mailto:benny at nordreg.se>> wrote:
>     > A very adult and mature answer… with some nice baked in threats,
>     funny its only your kind of crimes which matter apparantly… oh and
>     the final on which always are been draged out when there are no
>     more arguments, think about the one child we can save…
>     >
>     > To answer your questions hidden in the threats, yes you are part
>     of the better for all but that also means everyone have to give
>     and take to come to a better solution.
>     > In you ignorance you completely miss the point that by have all
>     these data public there are commited crimes every minut by using
>     those data nut hey what does that matter as long as you business
>     can roll on… I guess those people will thank you for you helpful
>     insights…
>     >
>     > Welcome to the discussion
>     >
>     >
>     >
>     > --
>     > Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
>     >
>     > Benny Samuelsen
>     > Registry Manager - Domainexpert
>     >
>     > Nordreg AB - ICANN accredited registrar
>     > IANA-ID: 638
>     > Phone: +46.42197080 <tel:%2B46.42197080>
>     > Direct: +47.32260201 <tel:%2B47.32260201>
>     > Mobile: +47.40410200 <tel:%2B47.40410200>
>     >
>     > > On 14 Feb 2017, at 17:29, John Bambenek
>     <jcb at bambenekconsulting.com <mailto:jcb at bambenekconsulting.com>>
>     wrote:
>     > >
>     > > Let me translate Allison's comments in the light of your mockery.
>     > >
>     > > You're ideas of privacy are patently absurd and your arrogance
>     that entire industries need to rewrite how they do things to suit
>     your effete and fantastical notions is breathtaking. Your mockery
>     of people who investigate crime is just icing on the cake. Its not
>     a question of looking past your own walls, its a question of
>     whether you religious fanatics can acknowledge that other use
>     cases are valid (or are we not part of the "all" in "better for
>     all"). Are you really suggesting preventing spam is a higher
>     priority than stopping human trafficking online?
>     > >
>     > > If someone who had need of privacy came to me for advice on
>     registering a domain name I would tell them absolutely not to do
>     it. Use blogspot or any other mechanism that doesn't involve a
>     financial transaction to shield your privacy. Creating paper
>     trails is always a poor life decision when OPSEC matters. Anything
>     less and I would stop taking your concerns seriously.
>     > >
>     > > That said, we have a viable compromise, its called whois
>     privacy protection. And it allows me to use risk based decisions
>     on how I treat traffic to such domains.
>     > >
>     > > But if you wish to enable criminals to better hide so they can
>     steal people's life savings, so they can anonymously traffic in
>     child exploitation or to engage in sextortion against teenage
>     girls all because you can't handle a spam filter, you can count me
>     one that will line up against you and very publicly label you an
>     enabler of child sexual exploitation. Then I will go to Congress,
>     drag ICANN back under the Department of Commerce and ensure some
>     adult supervision is had.
>     > >
>     > > Or you can calm the hell down and knock it off with your
>     attitude and we can find a viable middle ground. Totally your call.
>     > >
>     > > And if you are really concerned about spammers, I help run
>     investigations against them too (using whois data, in part) and
>     could totally use the help.
>     > >
>     > > Sent from my iPhone
>     > >
>     > >> On Feb 14, 2017, at 05:28, "benny at nordreg.se
>     <mailto:benny at nordreg.se>" <benny at nordreg.se
>     <mailto:benny at nordreg.se>> wrote:
>     > >>
>     > >> So basicaly what you say are… Buhu my work will get harder,
>     let all innocent registrants suffer from spam/scam mail sprung out
>     of the whois data published, all those registrants who get fake
>     mails about renewing there domain or buying fake SEO plans?
>     > >> How can anyone defend that we have data published to get
>     abused just because some bad guys registrer domains? And those of
>     you who does will still have access to the date just not in the
>     same easy way…
>     > >>
>     > >> Sorry for my harsh tone but I really don’t see why we cant
>     look past our own walls and find a solution which are to the
>     better for all..
>     > >>
>     > >>
>     > >> --
>     > >> Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
>     > >>
>     > >> Benny Samuelsen
>     > >> Registry Manager - Domainexpert
>     > >>
>     > >> Nordreg AB - ICANN accredited registrar
>     > >> IANA-ID: 638
>     > >> Phone: +46.42197080 <tel:%2B46.42197080>
>     > >> Direct: +47.32260201 <tel:%2B47.32260201>
>     > >> Mobile: +47.40410200 <tel:%2B47.40410200>
>     > >>
>     > >>> On 14 Feb 2017, at 06:38, allison nixon <elsakoo at gmail.com
>     <mailto:elsakoo at gmail.com>> wrote:
>     > >>>
>     > >>> This car metaphor isn't complete without also stating that
>     some car owners purchase them for the sole purpose of running over
>     people!
>     > >>>
>     > >>> Some car owners purchase fleets of cars to run over as many
>     people as possible. Even though they re-use their name on every
>     single vehicle registration, the subpeona takes so long that the
>     city can no longer automatically block the cars as they enter, and
>     need to wait for them to run over a few people before they can do
>     anything about it.
>     > >>>
>     > >>> This metaphor has obviously been tortured past the point of
>     absurdity, I'll leave it alone now.
>     > >>>
>     > >>> I've mostly been lurking for the whole duration of this
>     group, and please forgive me if I'm missing something massive
>     here, but I get the impression that most people here don't spend a
>     lot of time doing investigations. But this is my life. If I needed
>     a subpeona for every single historical lookup, pivot, and reverse
>     search, I would get zero done due to a lack of legal authority.
>     Many if not most of the people doing the heavy lifting in
>     anti-cybercrime efforts are private citizens with no government
>     issued authority. It seems that the general expectation here is
>     that limiting access to people with badges is OK, but I'm telling
>     you there is a severe lack of those skillsets and it will be years
>     before we see widespread technical literacy among the police.
>     Whatever system results, private citizens need a path for
>     unrestricted and automated access. And if we want to talk
>     protecting privacy, I think criminally motivated violations of
>     privacy are far more likely to affect everyone's day to day life
>     right now, and automated WHOIS lookups are used heavily especially
>     in anti-phishing and anti-spam operations.
>     > >>>
>     > >>> With the status quo, I can go on fishing expeditions through
>     the WHOIS data and turn up hundreds of domains used for the same
>     type of malicious activity, and predict with a high accuracy which
>     domains will be malicious before they are used for anything. It
>     sometimes turns up domains owned by innocent people, and I doubt
>     privacy minded people would like that, but the reality is I rarely
>     ever encounter WHOIS data that is convincing PII. It's almost all
>     fake. And if it's not fake, it's a company's public contact info,
>     or it's a foolish person who turned down WHOIS privacy protection,
>     and will change their WHOIS as soon as the spam starts flowing.
>     > >>>
>     > >>> Have there been any studies on what percentage of WHOIS data
>     is real and correct? Can we ever expect to have meaningful data
>     when registrars are allowed to take Bitcoins over Tor as payment?
>     At what point does "privacy" become an empty argument when some of
>     these Internet hosting/registrar companies clearly profit from
>     facilitating abuse, and network defenders block entire TLDs due to
>     the saturation of abuse?
>     > >>>
>     > >>> From my vantage point, I see great benefit from seeing
>     patterns in the fake data submitted by fraudsters, and I see few
>     harms from the privacy side of things, because people seem to
>     generally realize that "123 fake st" is a perfectly acceptable
>     WHOIS entry.
>     > >>>
>     > >>> I also recognize this situation is completely absurd. Every
>     aspect of this is surely an abuse of the original system. But it
>     seems like building a pyramid from the top down, restricting
>     access to supposed "PII" that is unlikely to contain PII, to the
>     detriment of legitimate efforts that also seek to enhance privacy
>     by preventing criminal theft of private data like bank account
>     numbers.
>     > >>>
>     > >>>
>     > >>> On Mon, Feb 13, 2017 at 9:14 PM, Sam Lanfranco
>     <sam at lanfranco.net <mailto:sam at lanfranco.net>> wrote:
>     > >>> I have to strongly agree with Alex that whatever the
>     criteria are for thin data, they cannot include that thin data "is
>     transitive" in some sort of bread crumb trail manner.
>     > >>>
>     > >>> Everything is potentially transitive in that sense. I
>     observe a vehicle but all I get is make, model and license plate,
>     and in most jurisdictions that is all I get. It is the vehicle
>     owner's "thin data". Of course I can hang around, see that the car
>     has a baby seat, witness a woman or man putting a child in the
>     car, assume that she/he has legitimate access to the car, follow
>     the car and assemble more personal information (lives at; works
>     at; shops at; visits;) The license plate didn't facilitate that
>     crumb train discovery, but no license plate would hamper
>     legitimate seeking of information about who owns the car (issuing
>     a parking ticket, LEA investigation, etc.) . License plate is part
>     of thin data with no gated access. Of course, this will change in
>     the era of the digital vehicle. Depending on security, and
>     authorization, one will be able to just ask the car, and ask about
>     a lot of things...like whose cell phone was in the passenger's
>     seat last night, when I was supposed to be alone )-:
>     > >>>
>     > >>> There needs to be a similar balance (license plate but no
>     owner's name unless wanted, like Sam's Curry Pizza Barn logo,
>     phone number and website URL painted on the side).
>     > >>>
>     > >>> More Important, have we made progress (convergence) on the
>     working principles that should be brought to bear in building a
>     thin data set. A lot of time has been spent looking at good case
>     and bad case scenarios. What operational principles have been
>     distilled from all these examples? What is the balance between
>     thin data inclusion and exclusion, and design and technical
>     solutions that can be used to prevent (for example) robotic
>     harvesting? There is another frontier here, and that is what
>     governments will do to restrain or enable certain uses of thin
>     data? While ICANN needs to be aware of what is going on there,
>     that part is beyond ICANN's remit, but those policies will help
>     shape some of the context within which ICANN deals with the thin
>     data task.
>     > >>>
>     > >>> Sam L
>     > >>>
>     > >>>
>     > >>> On 2017-02-14 1:23 AM, Deacon, Alex wrote:
>     > >>> All,
>     > >>>
>     > >>> So it seems the debate has progressed from “thin data” to
>     “thick data” (i.e. data that includes email).  I know we are all
>     super excited to talk about “thick data” but I don’t think we are
>     there yet (are we?  Hopefully I didn’t miss the party…)
>     > >>>
>     > >>> Focusing on thin data for the moment I struggle to
>     understand how it is personal data.  I do not believe it is.    As
>     for the odd logic proposed by some that the property of privacy is
>     transitive (i.e. Because “thin data” can be used to
>     link/point/discover other data then “thin data” equals “personal
>     data”) I just don’t buy it.
>     > >>>
>     > >>> I don’t disagree with much of what was expressed in this
>     thread, however we must keep in mind that balance and
>     proportionality are important concepts in many (all?) data privacy
>     laws.   Any arguments that imply that no such balance exists (or
>     should exist) is obstructive IMO.
>     > >>>
>     > >>> Alex
>     > >>>
>     > >>>
>     > >>> On 2/13/17, 5:42 AM,  <gnso-rds-pdp-wg-bounces at icann.org
>     <mailto:gnso-rds-pdp-wg-bounces at icann.org> on behalf of
>     michele at blacknight.com <mailto:michele at blacknight.com>> wrote:
>     > >>>
>     > >>>    I agree and I know from how I’ve used various email
>     addresses that they are actively being harvested and spammed.
>     > >>>         Also it’s one of the biggest sources of complaints
>     we get from our clients (registrants)
>     > >>>         It’s definitely not an “edge case”.
>     > >>>         Regards
>     > >>>         Michele
>     > >>>              --
>     > >>>    Mr Michele Neylon
>     > >>>    Blacknight Solutions
>     > >>>    Hosting, Colocation & Domains
>     > >>> https://www.blacknight.com/
>     > >>> http://blacknight.blog/
>     > >>>    Intl. +353 (0) 59 9183072
>     <tel:%2B353%20%280%29%2059%209183072>
>     > >>>    Direct Dial: +353 (0)59 9183090
>     <tel:%2B353%20%280%2959%209183090>
>     > >>>    Social: http://mneylon.social
>     > >>>    Some thoughts: http://ceo.hosting/
>     > >>>    -------------------------------
>     > >>>    Blacknight Internet Solutions Ltd, Unit 12A,Barrowside
>     Business Park,Sleaty
>     > >>>    Road,Graiguecullen,Carlow,R93 X265,Ireland  Company No.:
>     370845
>     > >>>         _______________________________________________
>     > >>>    gnso-rds-pdp-wg mailing list
>     > >>> gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>     > >>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>     <https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg>
>     > >>>
>     > >>> _______________________________________________
>     > >>> gnso-rds-pdp-wg mailing list
>     > >>> gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>     > >>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>     <https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg>
>     > >>>
>     > >>> --
>     > >>> *--------------------------------------------*
>     > >>> "It is a disgrace to be rich and honoured
>     > >>> in an unjust state" -Confucius
>     > >>> ----------------------------------------------
>     > >>> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
>     > >>> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
>     > >>> YorkU email: Lanfran at Yorku.ca   Skype: slanfranco
>     > >>> blog: http://samlanfranco.blogspot.com
>     <http://samlanfranco.blogspot.com>
>     > >>> Phone: 613 476-0429 <tel:613%20476-0429> cell: 416-816-2852
>     > >>>
>     > >>>
>     > >>> _______________________________________________
>     > >>> gnso-rds-pdp-wg mailing list
>     > >>> gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>     > >>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>     <https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg>
>     > >>>
>     > >>>
>     > >>>
>     > >>> --
>     > >>> _________________________________
>     > >>> Note to self: Pillage BEFORE burning.
>     > >>
>     > >> _______________________________________________
>     > >> gnso-rds-pdp-wg mailing list
>     > >> gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>     > >> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
>     <https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg>
>     >
>     >
>     >
>     >
>     > --
>     > _________________________________
>     > Note to self: Pillage BEFORE burning.
>
>     _______________________________________________
>     gnso-rds-pdp-wg mailing list
>     gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
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>     <https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg>
>
>
>
>
> _______________________________________________
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-- 
Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.

Mit freundlichen Grüßen,

Volker A. Greimann
- Rechtsabteilung -

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