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

Gomes, Chuck cgomes at verisign.com
Mon Mar 6 22:45:34 UTC 2017


Carlos,



I would assume by Governments in most if not all cases but I don’t think that means we should not consider input from non-governmental organizations.



Chuck



From: Carlos Raúl Gutiérrez G. [mailto:crg at isoc-cr.org]
Sent: Monday, March 06, 2017 3:36 PM
To: Gomes, Chuck <cgomes at verisign.com>
Cc: m.alzoba at gmail.com; gnso-rds-pdp-wg at icann.org
Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] international law enforcement association resolution regarding domain registration data



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> [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<mailto: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
                  **********************************
                  The information contained in this message is privileged and confidential and protected from disclosure. If the reader of this 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, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer.

                  <2016 FINAL Resolutions.pdf>
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