[gnso-rds-pdp-wg] international law enforcement association resolution regarding domain registration data

Carlos Raúl Gutiérrez G. crg at isoc-cr.org
Mon Mar 6 20:34:23 UTC 2017


Thanks Maxim for your excellent comment on the dangers of dealing with 
“individual” Law Enforcement Professionals. Most Law Enforcement 
Professionals work for Governments, I’d rather see them represented in 
the GAC as Observers under their more or less 100 years old organization 
named Interpol, but not as an independent association of individuals. 
(https://gacweb.icann.org/display/gacweb/GAC+Observers)

Carlos Raúl Gutiérrez
+506 8837 7176
Skype: carlos.raulg
Current UTC offset: -6.00 (Costa Rica)

On 3 Mar 2017, at 9:34, Maxim Alzoba wrote:

> Hello All,
>
>  I think we might consider this set of items only as an opinion of 
> professionals in the field of Law Enforcement.
>
> Granting access to data to members of the association is
> highly  questionable, given the non-official status of the 
> participants.
>
> As I understand members of association do not act on behalf of their 
> LEAs, but as individuals who worked/are working in the field of Law 
> Enforcement (and from legal perspective it is important).
>
>  Unfortunately, due to a mix of different legislations in the system 
> of ICANN + Registry + Registrar + Registrant
>  (issues start when they are not in the same jurisdiction)
> we might face situation where the information, intended for lawful 
> purposes of a LEA of a particular jurisdiction must reach
> the local LEA of a Registry (for example), so the only current way is 
> Interpol.
>
> The local LEA has powers granted by local laws, so it is already fixed 
> and is not in our remit.
>
> So the requests from LEA should go directly , and not via 
> associations.
>
> One of the reasons - is identification of the requestor, is should be 
> done in case of disclosure of sensitive information.
>
> P.s: granting requested access would be equal to free not authorised 
> access to RDS.
> The same we see now in CZDS (anyone can pretend to be a student and 
> request zone files).
>
>
> Sincerely Yours,
>
> Maxim Alzoba
> Special projects manager,
> International Relations Department,
> FAITID
>
> m. +7 916 6761580
> skype oldfrogger
>
> Current UTC offset: +3.00 (Moscow)
>
>> On Mar 3, 2017, at 16:07, Sam Lanfranco <sam at lanfranco.net> wrote:
>>
>> Within the terrain of the Internet ecosystem the International 
>> Association of Chiefs of Police (IACP) is, in the simplest terms, yet 
>> another constituency group, not formally attached to ICANN, with an 
>> interest in a particular part of the DNS system, that being access to 
>> information that assists them in their work. There is however a 
>> slight difference in that their members are within law enforcement 
>> agencies (LEAs) with legal means to access DNS data. I would suggest 
>> that both of those points be kept in mind as the PDP moves forward 
>> with RDS.
>>
>> I would take them to be saying two things, again in simple terms.
>> First, please collect some data that would be particularly useful to 
>> us in our necessary work in the public interest.
>> Second (our task here) what of that data should be publicly 
>> available, and what of that data should be gated and accessible 
>> through the normal LEA request channels.
>> Is there more to it than that?
>>
>> Sam Lanfranco (NPOC)
>>
>> On 3/2/2017 7:54 PM, Gomes, Chuck wrote:
>>> I didn't discount their opinion.   I simply noted that we will need 
>>> their help to give them what they want if we don't give the world 
>>> full public access like they seem to be requesting.  That option is 
>>> still on the table but how likely do you think that is?
>>>
>>> Chuck
>>>
>>> -----Original Message-----
>>> From: Kiran Malancharuvil 
>>> [mailto:Kiran.Malancharuvil at markmonitor.com 
>>> <mailto:Kiran.Malancharuvil at markmonitor.com>]
>>> Sent: Thursday, March 02, 2017 7:44 PM
>>> To: Gomes, Chuck <cgomes at verisign.com> <mailto:cgomes at verisign.com>
>>> Cc: m.alzoba at gmail.com <mailto:m.alzoba at gmail.com>; 
>>> gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>>> Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] international law 
>>> enforcement association resolution regarding domain registration 
>>> data
>>>
>>> Why are their opinions being discounted then?
>>>
>>> Kiran Malancharuvil
>>> Policy Counselor
>>> MarkMonitor
>>> 415-419-9138 (m)
>>>
>>> Sent from my mobile, please excuse any typos.
>>>
>>>> On Mar 2, 2017, at 4:43 PM, Gomes, Chuck <cgomes at verisign.com> 
>>>> <mailto:cgomes at verisign.com> wrote:
>>>>
>>>> Sure just like SGs, Constituencies, Advisory Groups, companies, 
>>>> etc., but they need to have representatives who are members.  I 
>>>> don't understand why you are asking the question, i.e, what am I 
>>>> missing.
>>>>
>>>> Chuck
>>>>
>>>> -----Original Message-----
>>>> From: Kiran Malancharuvil 
>>>> [mailto:Kiran.Malancharuvil at markmonitor.com 
>>>> <mailto:Kiran.Malancharuvil at markmonitor.com>]
>>>> Sent: Thursday, March 02, 2017 3:47 PM
>>>> To: Maxim Alzoba <m.alzoba at gmail.com> <mailto:m.alzoba at gmail.com>; 
>>>> Gomes, Chuck
>>>> <cgomes at verisign.com> <mailto:cgomes at verisign.com>
>>>> Cc: gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>>>> Subject: [EXTERNAL] RE: [gnso-rds-pdp-wg] international law
>>>> enforcement association resolution regarding domain registration 
>>>> data
>>>>
>>>> Hi Chuck,
>>>>
>>>> Am I missing something?  Are associations not welcome to 
>>>> participate in the group?
>>>>
>>>> Thanks,
>>>>
>>>> Kiran
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: gnso-rds-pdp-wg-bounces at icann.org 
>>>> <mailto:gnso-rds-pdp-wg-bounces at icann.org>
>>>> [mailto:gnso-rds-pdp-wg-bounces at icann.org 
>>>> <mailto:gnso-rds-pdp-wg-bounces at icann.org>] On Behalf Of Maxim 
>>>> Alzoba
>>>> Sent: Thursday, March 02, 2017 12:36 PM
>>>> To: Gomes, Chuck <cgomes at verisign.com> <mailto:cgomes at verisign.com>
>>>> Cc: gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>
>>>> Subject: Re: [gnso-rds-pdp-wg] international law enforcement
>>>> association resolution regarding domain registration data
>>>>
>>>> Hello Chuck,
>>>>
>>>> with all due respect,
>>>> it is not Interpol, which may pass requests between two 
>>>> jurisdictions, but a professional association, and there is a great 
>>>> difference between those two.
>>>> (it is not an IGO).
>>>>
>>>>
>>>> Sincerely Yours,
>>>>
>>>> Maxim Alzoba
>>>> Special projects manager,
>>>> International Relations Department,
>>>> FAITID
>>>>
>>>> m. +7 916 6761580
>>>> skype oldfrogger
>>>>
>>>> Current UTC offset: +3.00 (Moscow)
>>>>
>>>>> On Mar 2, 2017, at 22:54, Gomes, Chuck <cgomes at verisign.com> 
>>>>> <mailto:cgomes at verisign.com> wrote:
>>>>>
>>>>> Thanks Greg. In case we recommend gated access, I hope they will 
>>>>> cooperate in making that possible.
>>>>>
>>>>> Chuck
>>>>>
>>>>> Sent from my iPhone
>>>>>
>>>>>> On Mar 2, 2017, at 1:36 PM, Greg Aaron <gca at icginc.com> 
>>>>>> <mailto:gca at icginc.com> wrote:
>>>>>>
>>>>>> The International Association of Chiefs of Police (IACP) has 
>>>>>> issued an official resolution regarding domain name registration 
>>>>>> data.
>>>>>>
>>>>>> The resolution requests that ICANN and related parties provide 
>>>>>> "continued access to publicly available databases concerning the 
>>>>>> allocation of Internet resources, and in situations where the 
>>>>>> maintenance of these databases may conflict with privacy 
>>>>>> regulation, business concerns, or data-mining prevention efforts, 
>>>>>> fully consult with the International law enforcement to assist in 
>>>>>> the resolution of these potential conflicts before removing or 
>>>>>> restricting law enforcement access to this critical information; 
>>>>>> and... that IACP membership coordinate the above efforts to 
>>>>>> achieve the goal of providing consistent, equal, and uniform 
>>>>>> access to the above-referenced resources for all of the 
>>>>>> international law enforcement community."
>>>>>>
>>>>>> Founded in 1893, the IACP (http://www.iacp.org 
>>>>>> <http://www.iacp.org/><http://www.iacp.org> 
>>>>>> <http://www.iacp.org/>)  is the professional association for law 
>>>>>> enforcement officers, with members in 133 countries worldwide, 
>>>>>> primarily leadership-level personnel in national, 
>>>>>> state/provincial, and local agencies.  "The Association's goals 
>>>>>> are to advance the science and art of police services; to develop 
>>>>>> and disseminate improved administrative, technical and 
>>>>>> operational practices and promote their use in police work; to 
>>>>>> foster police cooperation and the exchange of information and 
>>>>>> experience among police administrators throughout the 
>>>>>> world....and to encourage adherence of all police officers to 
>>>>>> high professional standards of performance and conduct."
>>>>>>
>>>>>>
>>>>>> The text of the full resolution is below and contains the 
>>>>>> rationales.  It notes that loss of access to the currently 
>>>>>> available data "would severely cripple or eliminate the ability 
>>>>>> of law enforcement agencies to conduct investigation in a timely 
>>>>>> manner."
>>>>>>
>>>>>>
>>>>>>
>>>>>> The document is attached, and also at:
>>>>>> http://www.theiacp.org/Resolutions 
>>>>>> <http://www.theiacp.org/Resolutions>
>>>>>>
>>>>>> I kindly request that this be added to our bank of reference
>>>>>> materials.  (Thanks, Lisa and Michelle.)
>>>>>>
>>>>>>
>>>>>> Support for Law Enforcement Access to Publicly Available and
>>>>>> Accurate Internet Address Registration Data to include privacy
>>>>>> protected registrant information and related Forensic Resources 
>>>>>> to
>>>>>> facilitate investigation of Cybercrime and Cyber Enabled Crime 
>>>>>> Submitted by:
>>>>>> Communications and Technology Committee
>>>>>> CTC.06.t16
>>>>>> WHEREAS, this is an updated version of an expired 2005 adopted
>>>>>> resolution then submitted by the Communications and Technology
>>>>>> Committee as CT23.a05 and adopted at the 112th Annual Conference;
>>>>>> and WHEREAS, the lawful investigation of Internet communications 
>>>>>> is
>>>>>> one of the most valuable tools available to law enforcement in
>>>>>> identifying both the perpetrators and victims of crime; and 
>>>>>> WHEREAS,
>>>>>> the Internet is global in nature, and as such, poses challenges 
>>>>>> when
>>>>>> conducting multiagency international investigations, including
>>>>>> delays imposed when obtaining international legal process; and
>>>>>> WHEREAS, electronic or digital evidence associated with the 
>>>>>> Internet
>>>>>> is fleeting in nature, and law enforcement officials must obtain 
>>>>>> timely access to this information to fulfill law enforcement 
>>>>>> duties; and WHEREAS, criminals use the anonymity and 
>>>>>> international nature of the Internet, and the fleeting nature of 
>>>>>> electronic or digital evidence, to thwart law enforcement 
>>>>>> investigations; and WHEREAS, publicly available databases 
>>>>>> containing information involving the allocation of Internet 
>>>>>> resources and who they are assigned to, such as Internet Protocol 
>>>>>> address space and domain names, are a critical tool used by law 
>>>>>> enforcement, and because these databases are public in nature, 
>>>>>> allow law enforcement agencies access to conduct investigations 
>>>>>> in the most timely manner possible; and WHERAS, allocation of 
>>>>>> Internet resources is expanding rapidly due to impending 
>>>>>> exhaustion of Internet Protocol Version 4 address space and the 
>>>>>> subsequent and simultaneous implementation of Internet Protocol 
>>>>>> Version 6 as well as the implementation of numerous new top le
>>>  vel domains by the Internet Corporation for the Assigned Names and 
>>> Numbers (ICANN), accurate and easily accessible registrant 
>>> information is now even more important to law enforcement than in 
>>> 2005 when the original resolution was adopted; and WHEREAS, ICANN 
>>> and its International members involved in the creation of policy 
>>> consensus and administration of this information currently are 
>>> considering new registrant data policy which may seek to restrict or 
>>> eliminate fluid public access due to business, privacy, or 
>>> data-mining concerns; and WHEREAS, the elimination or restriction of 
>>> easy fluid access to this information would severely cripple or 
>>> eliminate the ability of law enforcement agencies to conduct 
>>> investigation in a timely manner; now therefore be it RESOLVED, that 
>>> the International Association of Chiefs of Police (IACP) strongly 
>>> urges the related Internet administration communities, including 
>>> governments, regional Internet registries, the Internet Corporation 
>>> for Assigned
>>>  Names and Numbers, Internet Service Providers, domain-name 
>>> registries, domain-name registrars, and Internet service providers 
>>> to assist law enforcement by providing continued access to publicly 
>>> available databases concerning the allocation of Internet resources, 
>>> and in situations where the maintenance of these databases may 
>>> conflict with privacy regulation, business concerns, or data-mining 
>>> prevention efforts, fully consult with the International law 
>>> enforcement to assist in the resolution of these potential conflicts 
>>> before removing or restricting law enforcement access to this 
>>> critical information; and be it FURTHER RESOLVED, that the IACP 
>>> membership coordinate the above efforts to achieve the goal of 
>>> providing consistent, equal, and uniform access to the 
>>> above-referenced resources for all of the international law 
>>> enforcement community.
>>>>>> **********************************
>>>>>> Greg Aaron
>>>>>> Vice-President, Product Management
>>>>>> iThreat Cyber Group / http://Cybertoolbelt.com 
>>>>>> <http://cybertoolbelt.com/>
>>>>>> mobile: +1.215.858.2257
>>>>>> **********************************
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>>>>>> message is not the intended recipient, or an employee or agent 
>>>>>> responsible for delivering this message to the intended 
>>>>>> recipient, you are hereby notified that any dissemination, 
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>>>>>>
>>>>>> <2016 FINAL Resolutions.pdf>
>>>>>> _______________________________________________
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>> -- 
>> ------------------------------------------------
>> "It is a disgrace to be rich and honoured
>> in an unjust state" -Confucius
>>  邦有道,贫且贱焉,耻也。邦无道,富且贵焉,耻也
>> ------------------------------------------------
>> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
>> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
>> email: Lanfran at Yorku.ca <mailto:Lanfran at Yorku.ca>   Skype: slanfranco
>> blog:  https://samlanfranco.blogspot.com 
>> <https://samlanfranco.blogspot.com/>
>> Phone: +1 613-476-0429 cell: +1 416-816-2852
>> _______________________________________________
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