[gnso-rds-pdp-wg] ICANN Meetings/Conversations with Data Protection and Privacy Commissioners

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Tue Oct 17 13:27:18 UTC 2017


Where people have a right in law to privacy, you cannot charge them to 
actually put those rights in place.

Stephanie Perrin


On 2017-10-16 15:43, John Bambenek via gnso-rds-pdp-wg wrote:
>
> Exactly what is the impracticality of not charging people for not 
> listing their information in WHOIS? Many registries do this today. 
> Some registrars / ccTLDs operate this way by default.
>
> The only difficulty is setting the fees for the service to cover the 
> costs of offering said service. Businesses do this everyday.
>
> Am I missing something?
>
> On 10/16/2017 12:37 PM, David Cake wrote:
>> I do not think that other people know what you need to do your job as 
>> your currently do it.
>>
>> It is plain that the intent of the GDPR is to change existing 
>> practice. You have suggested sweeping changes to the way other people 
>> practice their businesses (such as mandatory privacy protection for 
>> free), they have said those changes are impractical. You have 
>> resolutely claimed that significant changes to the way you do your 
>> work are not only impossible, but so self-evidently so that all we 
>> really need to do is to explain to the DPAs that it is important that 
>> you not have to change. There is, as yet, no evidence whatsoever that 
>> this is a likely outcome.
>>
>> I do accept that fighting abuse is a worthy endeavour. I also think 
>> there are multiple forms of abuse, some of which will be significantly m
>>
>> If you accept that the law is unlikely to be changed or vetoed 
>> significantly explicitly to support the work you do, then we can move 
>> on to considering compromises that might make that practical, such
>>
>>> On 29 Sep 2017, at 6:18 am, John Bambenek via gnso-rds-pdp-wg 
>>> <gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org>> wrote:
>>>
>>> I want to me too this... this is the single biggest cause of the 
>>> contention in this group. I am being told by people who don't do 
>>> anti-abuse or investigations on what I need to do my job and when I 
>>> tell them what I need to do my job, my opinion doesn't matter.
>>>
>>> **We** are the experts in this field. It'd be nice when people are 
>>> talking about what is needed to fight abuse, we at least consider 
>>> the opinions of people that **actually fight said abuse**.
>>>
>>> And we will be taking this message to the DPAs directly so they 
>>> understand what's at stake.
>>>
>>>
>>> On 09/28/2017 05:10 PM, John Horton wrote:
>>>> Chuck, let me briefly (I hope briefly) weigh in in response to that.
>>>>
>>>> My observation is that the group does agree that fighting abuse is 
>>>> a worthy endeavor -- I suspect you'd get unanimity on that point. 
>>>> My sense is that where there's disagreement may be on two points:
>>>>
>>>>  1. Whether anti-abuse types really need a Whois record of the
>>>>     domain name in question to fight abuse -- the argument has been
>>>>     made that Whois is so often falsified, or privacy-protected,
>>>>     etc. that Whois isn't _really_ useful to anti-abuse types, and
>>>>     that there are more useful tools than Whois.
>>>>  2. Whether the entire Whois data set (or, say, even 95% of it),
>>>>     and being able to reverse query against it, is useful to
>>>>     anti-abuse types.
>>>>
>>>> From my perspective, I do think that there are a few folks in this 
>>>> working group who, even when I or others have repeatedly insisted 
>>>> that (and provide examples of how) we genuinely need 1) Whois 
>>>> records on specific merchants or bad actors, and 2) need the entire 
>>>> corpus against which to reverse query, seem unwilling to take our 
>>>> representations and examples at face value. I guess I've become a 
>>>> little cynical as to whether, even if that argument is presented 
>>>> objectively and compellingly, working group members are willing to 
>>>> be persuaded of it or not.
>>>>
>>>>
>>>>
>>>> John Horton
>>>> President and CEO, LegitScript
>>>>
>>>>
>>>> *FollowLegitScript*: LinkedIn 
>>>> <http://www.linkedin.com/company/legitscript-com> | Facebook 
>>>> <https://www.facebook.com/LegitScript> | Twitter 
>>>> <https://twitter.com/legitscript> | _Blog 
>>>> <http://blog.legitscript.com/>_  |Newsletter 
>>>> <http://go.legitscript.com/Subscription-Management.html>
>>>>
>>>>
>>>>
>>>> On Thu, Sep 28, 2017 at 2:51 PM, Chuck <consult at cgomes.com 
>>>> <mailto:consult at cgomes.com>> wrote:
>>>>
>>>>     I could be wrong but I think that we need to first convince
>>>>     ourselves as a
>>>>     working group that fighting abuse is a critical and essential
>>>>     need and I
>>>>     don't think that should be hard to do.  A lot of you have made
>>>>     very strong
>>>>     arguments in that regard and I believe that we have already
>>>>     agreed that
>>>>     fighting abuse is a legitimate purpose for at least some RDS
>>>>     elements.
>>>>
>>>>     Note WG agreement #11: "Criminal Investigation & DNS Abuse
>>>>     Mitigation is a
>>>>     legitimate purpose for "Minimum Public Data Set" collection." 
>>>>     We obviously
>>>>     have to get beyond the MPDS and we will.
>>>>
>>>>     It seems to me that the following WG agreement, although not
>>>>     directly
>>>>     related to abuse mitigation, sets a basis upon which we can further
>>>>     deliberate the abuse mitigation purpose: " 17.  A purpose of
>>>>     RDS is to
>>>>     facilitate dissemination of gTLD registration data of record,
>>>>     such as domain
>>>>     names and their domain contacts and name servers, in accordance
>>>>     with
>>>>     applicable policy."  I admit that there is a lot of work we
>>>>     must do to
>>>>     develop requirements and ultimately policies to allow and
>>>>     support the use of
>>>>     RDS data for abuse mitigation purposes but we can do that.
>>>>
>>>>     I think all of the following recent WG agreements indirectly
>>>>     support further
>>>>     deliberation on the abuse mitigation purpose:
>>>>     " 30. At least one element identifying the domain name
>>>>     registrant (i.e.,
>>>>     registered name holder) must be collected and included in the RDS.
>>>>     31. Data enabling at least one way to contact the registrant
>>>>     must be
>>>>     collected and included in the RDS.
>>>>     32. At a minimum, one or more email addresses must be collected
>>>>     for every
>>>>     domain name included in the RDS, for contact roles that require
>>>>     an email
>>>>     address for contactability.
>>>>     33. For resiliency, data enabling alternative or preferred
>>>>     method(s) of
>>>>     contact should be included in the RDS; further deliberation to
>>>>     determine
>>>>     whether such data element(s) should be optional or mandatory to
>>>>     collect.
>>>>     34. At least one element enabling contact must be based on an
>>>>     open standard
>>>>     and not a proprietary communication method.
>>>>     35. To improve contactability with the domain name registrant
>>>>     (or authorized
>>>>     agent of the registrant), the RDS must be capable of supporting
>>>>     at least one
>>>>     alternative contact method as an optional field.
>>>>     36. Purpose-based contact (PBC) types identified (Admin, Legal,
>>>>     Technical,
>>>>     Abuse, Proxy/Privacy, Business) must be supported by the RDS
>>>>     but optional
>>>>     for registrants to provide.
>>>>     37. The URL of the Internic Complaint Site must be supported
>>>>     for inclusion
>>>>     in the RDS.
>>>>     38. The Registrar Abuse Contact Email Address must be supported for
>>>>     inclusion in the RDS, and must be provided by Registrars.
>>>>     39. Reseller Name MUST be supported by the RDS. Note: There may
>>>>     be a chain
>>>>     or Resellers identified by Reseller Name.
>>>>     40. Per recently-approved consensus policy on consistent
>>>>     labeling and
>>>>     display, BOTH the Registrar Abuse Contact Email and Registrar
>>>>     Abuse Contact
>>>>     Phone must be supported for inclusion in the RDS, and MUST be
>>>>     provided by
>>>>     Registrars.
>>>>     41. In the interest of maximizing contactability, additional
>>>>     contact methods
>>>>     MUST be supported by the RDS as an open-ended list and be
>>>>     optional for
>>>>     Registrants to provide. This does not preclude agreements on
>>>>     requirements to
>>>>     include other contact methods.
>>>>     42. The RDS must support Registrant Postal Address data
>>>>     elements: Registrant
>>>>     Street Address, City, State/Province, and Postal Code.
>>>>     43. The RDS must support Registrant Phone + Registrant Phone
>>>>     Ext (extension)
>>>>     data elements "  I call this one out in reaction to some
>>>>     discussion on the
>>>>     WG list today about identification of the domain name registrant."
>>>>     These may not go far enough for some but they provide a start
>>>>     that we can
>>>>     build on.
>>>>
>>>>     Chuck
>>>>
>>>>     -----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 theo
>>>>     geurts
>>>>     Sent: Thursday, September 28, 2017 11:07 AM
>>>>     To: Andrew Sullivan <ajs at anvilwalrusden.com
>>>>     <mailto:ajs at anvilwalrusden.com>>; gnso-rds-pdp-wg at icann.org
>>>>     <mailto:gnso-rds-pdp-wg at icann.org>
>>>>     Subject: Re: [gnso-rds-pdp-wg] ICANN Meetings/Conversations
>>>>     with Data
>>>>     Protection and Privacy Commissioners
>>>>
>>>>     Hello Andrew,
>>>>
>>>>     1 I agree you need to be specific, but also you should ask,
>>>>     would a DPA
>>>>     accept it? Regardless if that is a DPA in Europe or China or
>>>>     Jamaica.
>>>>     Setting the baseline to the GDPR would be a mistake, these data
>>>>     protection
>>>>     laws are always in motion. As such you need to implement data
>>>>     protection
>>>>     principles when you define purpose. Did we really do that?
>>>>
>>>>     2 I am not sure if there is a misapprehension. I do think we
>>>>     did not go out
>>>>     of the box far enough. We somehow keep circling back to the
>>>>     WHOIS, and that
>>>>     is somewhat strange given the composition of the WG.
>>>>     We did put a ton of work into looking at the current data
>>>>     elements and all
>>>>     that, but we never into the concept of no WHOIS/RDS and come up
>>>>     with a
>>>>     solution in such a scenario.
>>>>
>>>>     If we want to convince these policymakers of what we are facing
>>>>     abuse wise,
>>>>     we must do better.
>>>>
>>>>     Theo
>>>>
>>>>
>>>>     On 28-9-2017 19:11, Andrew Sullivan wrote:
>>>>     > On Thu, Sep 28, 2017 at 06:46:29PM +0200, theo geurts wrote:
>>>>     >> I think it is meant that IP addresses will be considered
>>>>     personal
>>>>     >> information under the GDPR, that concept might be new to
>>>>     folks in this
>>>>     WG.
>>>>     > I _know_ that.  But there are two issues here:
>>>>     >
>>>>     >      1.  It appears entirely clear, both from previous
>>>>     discussions and
>>>>     >      from the legal analysis that was just delivered, that
>>>>     collection
>>>>     >      of certain data (and we're still talking about collection,
>>>>     >      remember) is permitted if you have legitimate purposes.
>>>>     >      Therefore, we should be paying attention to those
>>>>     purposes, and be
>>>>     >      specific about it.
>>>>     >
>>>>     >      2.  It is possible that any law, or any interpretation
>>>>     of the law,
>>>>     >      is being made with a misapprehension of how the Internet
>>>>     actually
>>>>     >      works.  Quite frankly, it is apparent to me that an alarming
>>>>     >      number of policymakers have a deeply mistaken model for
>>>>     the way
>>>>     >      the Internet works, mostly aligned with a picture that
>>>>     looks like
>>>>     >      the way the phone system used to work.  But we have to
>>>>     make policy
>>>>     >      for the actual Internet, rather than for some system
>>>>     that does not
>>>>     >      actually exist.  This is why I sent that note the other
>>>>     day about
>>>>     >      figuring out what we want and then asking lawyers how
>>>>     that can be
>>>>     >      made to comport with such legal regimes as we know,
>>>>     rather than
>>>>     >      doing it the other way.
>>>>     >
>>>>     > Best regards,
>>>>     >
>>>>     > A
>>>>     >
>>>>
>>>>     _______________________________________________
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>>>>
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