[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 20:36:09 UTC 2017
Chuck!
Do you assume that Law Enforcement is done primarily by Governments, or
by individual professionals?
Carlos Raúl Gutiérrez
+506 8837 7176
Skype: carlos.raulg
Current UTC offset: -6.00 (Costa Rica)
On 3 Mar 2017, at 9:49, Gomes, Chuck wrote:
> Maxim,
>
>
>
> It is important that we openly accept input from all stakeholders
> including professionals from specific fields. We will have to decide
> what groups should be given access to what data elements that are not
> publicly disclosed. Let’s not get ahead of ourselves. In the case
> of law enforcement, we will need to work with them in this regard
> including with this association if they are willing to do so.
>
>
>
> INTA is an association; I am sure you would not suggest that we
> discount their views.
>
>
>
> The concerns you raise will need to be considered in light of the
> bigger picture involving all stakeholders.
>
>
>
> Chuck
>
>
>
> From: gnso-rds-pdp-wg-bounces at icann.org
> [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Maxim Alzoba
> Sent: Friday, March 03, 2017 10:34 AM
> To: gnso-rds-pdp-wg at icann.org
> Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] international law
> enforcement association resolution regarding domain registration data
>
>
>
> 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<mailto: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]
> 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]
> 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] 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
>
> 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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> <2016 FINAL Resolutions.pdf>
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