[gnso-rds-pdp-wg] a suggestion for "purpose in detail"

John Bambenek jcb at bambenekconsulting.com
Thu Mar 23 15:43:36 UTC 2017


I am disappointed that upon asking for respect for my expertise you have chosen again to choose the path of disparagement. 

I had hoped we could take this time to build bridges and you have used it to burn them. 

I have offered the olive branch and you have rejected it. 

So I guess here we are now. 

Sent from my iPhone

> On Mar 23, 2017, at 10:28, Volker Greimann <vgreimann at key-systems.net> wrote:
> 
> 
> 
>>> 
>>>> 
>>>> So its a baseless allegation that investigators might have expertise in how they use this data? Only domain registrars who have a financial relationship with the criminals know how to use this data?
>>> I referred to your last sentence which directly implied that registrars in general and the registrar I am employed with in particular profit from criminals using their service. This is a baseless allegation that could not be farther from the truth, as I have previously explained.
>>> 
>> That's a rather dramatic misreading. We investigate crimes so I would appreciate due deference to what data is valuable or not. Your role here is providing a service. You don't work with law enforcement to investigate crimes, do you?
> Actually, we regularly cooperate with law enforcement agencies that contact us. We see what data they request. We also see all the complaints regarding illegal use of domains registered through us and take appropriate action. So don't try to tell us our only role is to provide a service.
>> 
>>>> I have used the law to craft a possible solution but no DP authority has taken your position.
>>> Ultimately, that may be the road we have to take if no better solution to provide registrar services legally presents itself, but as I pointed out, that will ultimately serve no one. Registrars will have to raise their fees to incorporate the service, crime fighters and LEAs will have a much more difficult time getting ANY data across borders. Your "solution" would just make your own work a lot harder.
>> I think perhaps deference to my opinion as to what would make MY work harder might be warranted. If you agree, I offer the same deference to you in matters in which your expertise is germane. Deal?
> No deal. Sorry, but you do not get to claim to be the only source of expertise in your line of work.
> 
>> 
>>>> You are simply taking the position that if your profits aren't maximized and your costs aren't minimized it is illegal. This position is untenable.
>>> Again, I resent you putting words into my mouth. Please do not make statements on my behalf or try to turn your assumptions into a claim of what I am saying. I am saying that anything we come up with will have to be in full compliance with legal requirements. And if there is a cost attached to that solution, that cost will be passed on somewhere, one way or another, not because I want it to but because I know that is the way it works.
>> To which I agree. Let's craft a legal solution the represents the best of what we can offer for all ours (you, me, and everyone else's) interests. I think we can do balance. Will you join me in trying?
> I am here because I want to find a solution to the problems of current whois on the basis of the proposal of the EWG. That is what our WG has been tasked with. I have no interest in maintaining the status quo as that will soon lead to legal issues. I am for constructive dialogue that advances this work for the benefit of all parties.
> 
> 
> -- 
> Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.
> 
> Mit freundlichen Grüßen,
> 
> Volker A. Greimann
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