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

Patrick Lenihan tiburonsgoldwing at aol.com
Tue Mar 7 00:40:21 UTC 2017


+1 Stephanie; as a former USA law enforcement officer.  



---- Original Message ----
From: Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
To: gnso-rds-pdp-wg <gnso-rds-pdp-wg at icann.org>
Sent: Mon, Mar 6, 2017 11:36 am
Subject: Re: [gnso-rds-pdp-wg] international law enforcement association resolution regarding domain registration data


    
I hesitate to even          venture a comment on this topic, lest it generate another 20          comments, but I am very puzzled about this whole discussion.           I am admittedly much more familiar with the Canadian Association          of Chiefs of Police, a lobby group/professional association which          is remarkably similar to this organization, only on a national          level.  OF course any of the police lobby associations are          free to join us, but is anyone suggesting that we do not have          adequate representation of law enforcement interests at          ICANN?  Do we not have several representatives of police agencies          on this working group?  Law enforcement organizations regularly          form part of GAC delegations, certainly our RCMP are often          part of the Canadian delegation to the GAC.  Law enforcement          officials have formed a public safety working group.....any of          these representatives are presumably capable of drafting          papers for their national organizations and indeed I suspect          someone has drafted this document for the International          Association, given the specificity of the resolutions.  I am          sure many national associations will endorse it and bring it          to their own national governments, who in turn will forward it          to their GAC delegations. 
        
    
Police organizations          regularly lobby for legislative change to facilitate their          work. (it is nevertheless interesting that this international          organization has a link for contacting your congressman,          http://capwiz.com/theiacp/issues/ right under the drop down          menu for what we do).   It is not surprising that they have          prepared a resolution on WHOIS, those of us who have followed          the impact of technology on police work have seen many similar          resolutions on different issues.  Police face problems of time          and expense, not to mention constitutional protection.           However, It is not like law enforcement has not had its views          very well represented at ICANN over many years. Given, as          Michele has pointed out, that the bar for membership on this          working group is exceedingly low (show up) it seems to me the          issue we need to worry about is, who does not have the time          and money to show up.
        
    
Stephanie Perrin
    
    
On 2017-03-05 10:57, Michele Neylon -      Blacknight wrote:
    
    
                                    
        
Chuck
        
 
        
That            seems a lot saner and more scalable.
        
 
        
Regards
        
 
        
Michele
        
 
        
 
        
          
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From:             Chuck              Gomes <cgomes at verisign.com>
              Date: Sunday 5 March 2017 at 15:56
              To: Michele Neylon <michele at blacknight.com>,              "icann at ferdeline.com" <icann at ferdeline.com>
              Cc: "gnso-rds-pdp-wg at icann.org"              <gnso-rds-pdp-wg at icann.org>
              Subject: RE: [gnso-rds-pdp-wg] international law              enforcement association resolution regarding domain              registration data
        
        
          
 
        
        
I’m concerned            that this could turn into an unending administrative            workload for staff and would like them to focus their time            in helping us do our deliberations.  I am now sorry I made            the suggestion.
        
 
        
Marika has made            a  good suggestion on the leadership list that we encourage            all members to send our latest WG update to any            organizations that may have a stake in what we are doing and            invite them to join as members or observers.
        
 
        
Chuck
        
 
        
          
            
From: Michele                Neylon - Blacknight [mailto:michele at blacknight.com]                
                Sent: Sunday, March 05, 2017 8:12 AM
                To: Ayden Férdeline <icann at ferdeline.com>;                Gomes, Chuck <cgomes at verisign.com>
                Cc: gnso-rds-pdp-wg at icann.org
                Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg]                international law enforcement association resolution                regarding domain registration data
          
        
        
 
        
Ayden
        
 
        
If you supply            the names and contact details for organisations who you            think should be invited to contribute in some form then I’m            sure that we can deal with it.            
            However so far you haven’t.
        
 
        
As others have            pointed out, the ICANN processes are open to everyone. The            barrier to entry is incredibly low. All you need to do is            turn up.
        
 
        
Input is always            welcome and encouraged.
        
 
        
Regards
        
 
        
Michele
        
 
        
          
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Hosting,                Colocation & Domains
          
          
            
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http://blacknight.blog                /
          
          
            
http://ceo.hosting/
          
          
            
Intl.                +353 (0) 59  9183072
          
          
            
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-------------------------------
          
          
            
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Road,Graiguecullen,Carlow,Ireland             Company No.: 370845
        
 
        
          
From:             <gnso-rds-pdp-wg-bounces at icann.org>              on behalf of Ayden Férdeline <icann at ferdeline.com>
              Reply-To: Ayden Férdeline <icann at ferdeline.com>
              Date: Saturday 4 March 2017 at 19:44
              To: Chuck Gomes <cgomes at verisign.com>
              Cc: "gnso-rds-pdp-wg at icann.org"              <gnso-rds-pdp-wg at icann.org>
              Subject: Re: [gnso-rds-pdp-wg] international law              enforcement association resolution regarding domain              registration data
        
        
          
 
        
        
          
If the invitation to this association            will be going out on ICANN letterhead and facilitated by            ICANN staff, I consider it only fair that other invitations            be sent out in the same manner.
            
            Thank you,
            
            Ayden 
        
        
          
            
 
          
        
        
          
 
        
        
          
            
-------- Original Message --------
          
          
            
Subject: RE: [gnso-rds-pdp-wg]              international law enforcement association resolution              regarding domain registration data
          
          
            
Local Time: 4 March 2017 7:40 PM
          
          
            
UTC Time: 4 March 2017 19:40
          
          
            
From: cgomes at verisign.com
          
          
            
To: icann at ferdeline.com              <icann at ferdeline.com>
          
          
            
gregshatanipc at gmail.com              <gregshatanipc at gmail.com>,              vgreimann at key-systems.net              <vgreimann at key-systems.net>,              gnso-rds-pdp-wg at icann.org              <gnso-rds-pdp-wg at icann.org>
          
          
            
 
          
          
            
 
          
          
            
I suggest                  you invite them Ayden.  If you are bothered by the                  fact that I asked staff to contact the association I                  will cancel my request of staff and encourage others                  to do that.
            
 
            
Chuck
            
 
            
              
 
            
            
From: Ayden                  Férdeline [mailto:icann at ferdeline.com]                
                Sent: Saturday, March 04, 2017                  2:15 PM
                To: Gomes, Chuck <cgomes at verisign.com>
                Cc: gregshatanipc at gmail.com;                  vgreimann at key-systems.net;                                      gnso-rds-pdp-wg at icann.org
                Subject: [EXTERNAL] RE:                  [gnso-rds-pdp-wg] international law enforcement                  association resolution regarding domain registration                  data
            
 
            
              
If                we are going to send an invite letter to this                organisation requesting their participation, I am happy                to provide a list of other organisations whose voices                are missing from this WG so that ICANN staff can invite                them to participate as well. Thanks.
            
            
              
 
            
            
              
                
                  
-                    Ayden 
                
              
              
                
 
              
            
            
              
 
            
            
              
                
--------                  Original Message --------
              
              
                
Subject:                  RE: [gnso-rds-pdp-wg] international law enforcement                  association resolution regarding domain registration                  data
              
              
                
Local                  Time: 4 March 2017 7:10 PM
              
              
                
UTC                  Time: 4 March 2017 19:10
              
              
                
From:                  cgomes at verisign.com
              
              
                
To:                  gregshatanipc at gmail.com                  <gregshatanipc at gmail.com>,                  icann at ferdeline.com                  <icann at ferdeline.com>,                  vgreimann at key-systems.net                  <vgreimann at key-systems.net>
              
              
                
gnso-rds-pdp-wg at icann.org                  <gnso-rds-pdp-wg at icann.org>
              
              
                
 
              
              
                
 
              
              
                
Very                      well said Greg.
                
 
                
It                      seems to me that we should reach out to them and                      invite them to have a representative or                      representatives join our WG.
                
 
                
Marika/Lisa                      – Would one of you please prepare an invitation                      letter and identify who and where we should send                      it.
                
 
                
Chuck
                
 
                
                  
 
                
                
From:                      gnso-rds-pdp-wg-bounces at icann.org                      [mailto:gnso-rds-pdp-wg-bounces at icann.org]                      On Behalf Of Greg Shatan
                    Sent: Saturday, March 04,                      2017 11:13 AM
                    To: Ayden Férdeline <icann at ferdeline.com>;                      Volker Greimann <vgreimann at key-systems.net>
                    Cc: RDS PDP WG <gnso-rds-pdp-wg at icann.org>
                    Subject: [EXTERNAL] Re:                      [gnso-rds-pdp-wg] international law enforcement                      association resolution regarding domain                      registration data
                
 
                
                  
                    
"They can ask for anything they                      like, it is not like it has legal binding status.                      It is a wish list, nothing more..."
                  
                
                
                  
This                    is no different than any other stakeholder (or group                    of stakeholders). Even GAC members. So their input                    should be accepted on an equal footing with any                    other input.  There seems to be a curious amount of                    effort devoted to discounting this input, much of it                    based on identity (or opinions about that identity)                    rather than substance.
                
                
                  
 
                
                
                  
On                    top of giving due consideration to their input, it                    may also be appropriate to engage in outreach and                    engagement with this organization.  Participation in                    the multistakeholder process would be more useful                     in the long run vs. issuing resolutions.  Useful                    for them, useful for all of us, and useful for the                    process.
                
                
                  
 
                
                
                  
As                    an INGO of LE professionals, there may be no                    existing SO/AC that would be an appropriate "home"                    for the IOCP, which makes it all the more important                    that they understand they are welcome to                    participate, as well as to communicate in other ways                    (such as resolutions).
                
                
                  
 
                
                
                  
Greg
                
                
                  
 
                
                
                  
 
                
                
                  
 
                
                
                  
 
                  
                    
                      
On                        Fri, Mar 3, 2017 at 11:54 AM Ayden Férdeline                        <icann at ferdeline.com>                        wrote:
                    
                    
                      
                        
+1                          Volker
                      
                      
                        
 
                      
                      
                        
                          
                            
-                              Ayden 
                          
                        
                        
                          
 
                        
                      
                      
                        
 
                      
                      
                        
                          
--------                            Original Message --------
                        
                        
                          
Subject:                            Re: [gnso-rds-pdp-wg] international law                            enforcement association resolution regarding                            domain registration data
                        
                      
                      
                        
                          
Local                            Time: 3 March 2017 9:21 AM
                        
                        
                          
UTC                            Time: 3 March 2017 09:21
                        
                        
                          
From:                            vgreimann at key-systems.net
                        
                        
                          
To:                            gnso-rds-pdp-wg at icann.org
                        
                        
                          
 
                        
                        
                          
 
                        
                        
Good thing that police are                          law "enforcement" not legislators. They can                          ask for anything they like, it is not like it                          has legal binding status. It is a wish list,                          nothing more...
                        
                          
 
                        
                        
                          
Am                            02.03.2017 um 19:35 schrieb Greg Aaron:
                        
                        
                          
                            
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 (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 level                              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 / Cybertoolbelt.com
                            
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