[gnso-rds-pdp-wg] Using the GDPR as a basis for RDS Policy is backwards

Thu Feb 15 13:57:48 UTC 2018

I’d like to think that the ICANN community effort going on outside this WG will take note of the cybersecurity concerns that Allison raises as they try to finalize an interim solution to deal with the GDPR in the near term.  Note this quote from Goren’s latest blog that ICANN org is trying to find a balanced approach:  “This single, common interim model that is informed by input from across the ICANN community would seek to obtain compliance with both the GDPR and ICANN's contractual requirements related to registration directory services.”  Here’s the blog: https://www.icann.org/news/blog/data-protection-privacy-update-latest-developments 

Chuck

From: gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Volker Greimann
Sent: Thursday, February 15, 2018 1:02 AM
To: gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] Using the GDPR as a basis for RDS Policy is backwards

DPAs are law enforcement and will enforce the law of the land. They do not have the option to pick and choose after May 25.

Maybe it is time for you and your colleagues to start looking at other sources of information to ensure you can continue operation efficiently once your currently chosen method becomes illegal. Remember, you are a data processor too and what you do with that data could very well paint a target on your backs that DPS may have to deal with.

Best,

Volker

Am 15.02.2018 um 02:36 schrieb allison nixon:

Hi everyone, 

I have already begun to hear unrest from my colleagues who work in infosec and network operations about the degradation of WHOIS, as registrars have already begun to act on their own, stripping everything and blocking bulk queriers on domains frequently used for attacks. Every day of additional uncertainty equals an additional day of victimization. 

Why has no one approached the DPAs with the evidence of security purposes for WHOIS? How much network degradation will we tolerate before someone bothers to give them a little hint? How many more judgments from the DPAs are we going to read that display clear ignorance of all legitimate cybersecurity purposes? Did no one see this coming?

Since we are talking about cost benefit analysis, here is a quick one I just did that I would like to share with the group. I did a quick look for the value of the domain registration industry as a whole. Seems to be ~$4 billion. The losses incurred by the WanaCry malware are estimated to be at ~$8 billion. A single security incident destroying value equal to double your entire industry. 

In May 2017, the FBI stated that over three years the "business email compromise" scams have topped ~$5 billion in losses, which would be slightly more than one domain-industry unit of value, and WHOIS is crucial to fighting it.

source: https://www.reuters.com/article/us-cyber-lloyds-report/global-cyber-attack-could-spur-53-billion-in-losses-lloyds-of-london-idUSKBN1A20AB

source: https://cira.ca/factbook/domain-industry-data-and-canadian-Internet-trends/domain-name-industry

source: https://www.csoonline.com/article/3195010/security/bec-attacks-have-hit-thousands-top-5-billion-in-losses-globally.html

Remember, the whole point of GDPR is to force companies to act with more social responsibility. 

On Wed, Feb 14, 2018 at 6:08 PM, Rubens Kuhl <rubensk at nic.br <mailto:rubensk at nic.br> > wrote:

On 14 Feb 2018, at 20:49, John Horton <john.horton at legitscript.com <mailto:john.horton at legitscript.com> > wrote:

Hmm, well, perhaps it's because I work for a company that processes quite a bit of data with a combination of algorithms and some human review, but I feel pretty confident that there are ways to simplify that with magic algorithms and forms. 

Magic algorithms are fine in pattern detection because there is always a human review at some point or the cost of error is low, like in raising an abuse case that contains wording like supposedly", "allegedly" etc. In this case, every false negative comes with a tremendous liability. 

Also, if machine-learning technology and deep pockets for lawsuits become a requirement for being a registrar, you can count on the number of registrars dropping to single digits. 

Rubens

_______________________________________________
gnso-rds-pdp-wg mailing list
gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org> 
https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg

-- 

_________________________________
Note to self: Pillage BEFORE burning.

_______________________________________________
gnso-rds-pdp-wg mailing list
gnso-rds-pdp-wg at icann.org <mailto:gnso-rds-pdp-wg at icann.org> 
https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20180215/e4e98b44/attachment-0001.html>