[Rt4-whois] Law Enforcement Questionnaire [SEC=UNCLASSIFIED]

Kathy Kleiman kathy at kathykleiman.com
Fri May 27 15:03:59 UTC 2011


*Sorry Sharon,
All of my email to you bounced back last night (including email 
forwarding the bounce messages).
All looks good to me.
Best,
Kathy
p.s. could someone else please forward my message of last night to 
Sharon?  Tx!

**NOT PROTECTIVELY MARKED *
> Peter/Kathy,
> I did not get Kathy's email, but assuming this is now the complete 
> questionnaire I am satisfied with the amendments and will send out today.
> Sharon
>
> Sharon LEMON OBE
> Deputy Director
> Cyber and Forensics
> Serious and Organised Crime Agency (SOCA)
> 07768 290902
> 0207 855 2800
>
>     -----Original Message-----
>     *From:* Nettlefold, Peter [mailto:Peter.Nettlefold at dbcde.gov.au]
>     *Sent:* 27 May 2011 01:58
>     *To:* rt4-whois at icann.org
>     *Cc:* Kathy Kleiman; LEMON, Sharon
>     *Subject:* RE: [Rt4-whois] Law Enforcement Questionnaire
>     [SEC=UNCLASSIFIED]
>
>     Hi all,
>
>     Thanks for these comments Kathy. I fully endorse the idea of
>     'sync-ing' the two documents, and I had circulated an earlier
>     version (in the chain below) that attempted to do this, albeit
>     prior to Wednesday's call which obviously led to some further changes.
>
>     The relevant new text from Wednesday relates to 'applicable laws,
>     privacy issues and privacy/proxy' and so I have included the text
>     agreed on the call (as circulated in Olof's subsequent email) into
>     the version I circulated previously, and attached this.  I went
>     with this approach as something appears to have happened with the
>     formatting of Kathy's document (at least as it showed up on my
>     computer): for example, all the proposed questions under 'the
>     legitimate needs...' and 'ICANN's role...' headings had
>     disappeared altogether (i.e. about half the overall questions).
>     Also an old LE definition was still in there, and a few other bits
>     and pieces, so it was just easier (at least from my end) to amend
>     the document I circulated earlier. That said, please let me know
>     if I've missed anything!
>
>     In terms of things I did not change: I retained the two originally
>     proposed questions from the privacy section, as these are slightly
>     different to the ones that were in the broader community paper and
>     are very direct, and I think there may be an advantage in having
>     answers to these from LE (these are questions 10 and 12 in the
>     attached). You'll see I've also included the questions from the
>     broader community consultation paper, as suggested by Kathy, and
>     so there are simply more questions now in this section.
>
>     In terms of additional changes: I agree with Kathy that it could
>     be useful to include a question about interaction between LEAs and
>     relevant ccTLDs, and so have included a proposed question on that
>     which I think gets to the main issue/question (this is question 9
>     in the attached).  Please let me know if you think I've got this
>     wrong.
>
>     I hope this helps.
>
>     Cheers,
>
>     Peter
>
>     *From:*rt4-whois-bounces at icann.org
>     [mailto:rt4-whois-bounces at icann.org] *On Behalf Of *Kathy Kleiman
>     *Sent:* Friday, 27 May 2011 6:35 AM
>     *To:* rt4-whois at icann.org; LEMON, Sharon
>     *Subject:* Re: [Rt4-whois] Law Enforcement Questionnaire
>     [SEC=UNCLASSIFIED]
>
>     Dear Sharon,
>     Tx you for the reminder and tx you so much for the work on this
>     questionnaire, and all the work to come with the data collection
>     and compilation!
>
>     On the Wednesday call, we had the the LE Questionnaire on the
>     agenda, but unfortunately we did not reach the end of the
>     Discussion Paper (after 2 hours!) so we did not move on to
>     Questionnaire. Please accept my apologies, as chair of that
>     meeting, for not being able to get to this very important document.
>
>     In reviewing the questionnaire today, I offer some edits. I see
>     how closely it tracks the Discussion Paper, and subject to your
>     approval, have edited the Questionnaire to include the revised
>     sections of the Discussion paper.  I inserted changes made at
>     both Wednesday meetings, 5/25 and 5/18, and used "Track Changes"
>     to show all.
>
>     One change I should note is the inclusion of the newly-revised
>     text of the section "Applicable Laws, Privacy issues and
>     Proxy/Privacy." I included the question:
>
>     "3. How can ICANN balance privacy concerns with its commitment to
>     having accurate and complete WHOIS data publicly accessible
>     without restriction?"
>
>
>     I think it would be very valuable to understand any insights and
>     information the Law Enforcement community could share with us.  I
>     have found few understand the tensions and concerns of the Whois
>     data better than LE  (e.g., protecting religious and political
>     minorities from the various threats that may arise against them
>     from identifying information). If anyone chooses to answer this
>     question, I think it could be very valuable to us.
>
>     I did take out the questions to the ccTLDs and RIRs in this
>     section, but would a quick question (not currently inserted) be
>     appropriate, e.g.
>         ==> Have you worked with your country code TLDs (ccTLDs) on
>     their response to domestic laws, have they modified their ccTLD
>     Whois policies, and if so, what do you think of these changes?
>
>     By way of completeness, I included the full proxy/privacy
>     discussion of the most recent version of the Discussion Paper, and
>     the two questions in this section -- I do not know if you wanted
>     to include this type of detail in the questionnaire, and in the
>     compilation of data at the end.
>
>     I truly do not want to delay this Questionnaire.  I offer these
>     edits to "sync" the two documents, but you are the final arbiter
>     and you are our RT expert and its LE representative.   Please keep
>     or reject the edits as you see fit.
>
>     All the best,
>     Kathy
>
>     *
>
>     NOT PROTECTIVELY MARKED *
>
>     Hi Everyone,
>
>     I wasn't on the call - is this good to go now?  If I don't hear
>     anything, I will circulate to my LE community tomorrow.
>
>     Sharon
>
>     Sharon LEMON OBE
>     Deputy Director
>     Cyber and Forensics
>     Serious and Organised Crime Agency (SOCA)
>     07768 290902
>     0207 855 2800
>
>         -----Original Message-----
>         *From:* Nettlefold, Peter [mailto:Peter.Nettlefold at dbcde.gov.au]
>         *Sent:* 25 May 2011 00:25
>         *To:* LEMON, Sharon; 'Alice Jansen'; rt4-whois at icann.org
>         <mailto:rt4-whois at icann.org>
>         *Subject:* RE: Law Enforcement Questionnaire [SEC=UNCLASSIFIED]
>
>         Hi all,
>
>         Thanks very much Sharon for circulating this paper for comment.
>
>         I have made a small number of minor changes to:
>
>         ·       Align the text in the 'background on the review' and
>         'background on WHOIS' sections with the text we agreed on
>         during our last conference call for inclusion in the broader
>         public discussion paper. The text in the original version did
>         not have the changes we agreed during the last teleconference,
>         so I just cut and pasted that agreed text straight from the
>         updated discussion paper that Alice kindly circulated to the
>         team.
>
>         ·       Include a separate heading for the 'definition'
>         section, and replace the definition (which was an earlier
>         draft put forward by the LE sub-team) with the newer
>         definition which we consulted on publicly.
>
>         ·       Renumber the questions, which were a bit out (we had
>         duplicates of 1 and 2).
>
>         I look forward to discussing this on our call shortly.
>
>         Cheers,
>
>         Peter
>
>         *From:*rt4-whois-bounces at icann.org
>         <mailto:rt4-whois-bounces at icann.org>
>         [mailto:rt4-whois-bounces at icann.org] *On Behalf Of *LEMON, Sharon
>         *Sent:* Tuesday, 24 May 2011 8:18 PM
>         *To:* 'Alice Jansen'; rt4-whois at icann.org
>         <mailto:rt4-whois at icann.org>
>         *Subject:* [Rt4-whois] Law Enforcement Questionnaire
>
>         *NOT PROTECTIVELY MARKED *
>
>         Dear All,
>
>         Please find attached the law enforcement questionnaire (with
>         definition included for comment) which I intend to circulate
>         to my international colleagues, and Peter to the GAC
>         community, on *THURSDAY 26TH MAY 2011* unless  we recieve any
>         feedback. If you do suggest changes, can they be tracked on
>         the document please?
>
>         This gives an opportunity for you to all to review the
>         contents, and raise any issues on the conference call - which
>         I won't be attending, but believe Peter will.
>
>         Best Wishes
>
>         Sharon
>
>         Sharon LEMON OBE
>         Deputy Director
>         Cyber and Forensics
>         Serious and Organised Crime Agency (SOCA)
>         07768 290902
>         0207 855 2800
>
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