[Rt4-whois] WHOIS Policy RT - Law Enforcement comments.
Kathy Kleiman
kathy at kathykleiman.com
Wed Nov 30 14:02:16 UTC 2011
Dear Sharon,
Tx you so much for trying to find your way through the morass. I wanted
to share that I am looking forward to reading the comments of LE, but
mark my great concern about the newly-expanded LE defintion. I would
value the opportunity to talk with you further, but expanding LE to all
private parties is a real issue -- and one I thought we had resolved
with the three tiers of users:
- LE users (as defined previously, with clear state authority)
- Expert Users (particularly the private fraud detectors and
malware investigators)
- Other users, including Internet users.
As much as I respect the Anti-Phishing Working Group, they don't have
the bounds, limits, process and protections of SOCA or the FBI. They are
a private entity operating with private processes. And that's different.
If we stick with the original definition, with an emphasis on access,
education, etc. to those private entities using Whois to enforce their
interpretation of the law -- would we be OK?
[Note: with the note, as you all know, that I have spent 15 years in
this arena watching private parties overstretch and abuse their
authority, or lack thereof. We have to take the abuse cases into
account. LE cares about due process and the limits of the law; many
private parties do not. ]
Best, Kathy
ps could someone please forward to Sharon since my email to her bounces. Tx!
>
> *NOT PROTECTIVELY MARKED *
>
> Dear Emily, Alice and All,
> Sorry for arriving at the party late, I have been watching in awe the
> hundreds of emails flying about. We gave until today for our
> international colleagues to comment and we have just had our own
> internal meeting to finalise the comments on the paper.
> The paper complemented our ongoing law enforcement work within the
> ICANN community and there are not comments of major significance -ours
> are in green. I know that Alice is currently going through the
> nightmare of trying to organise the version control. (Good Luck and
> thanks Alice).
> I have replaced the definition of law enforcement with:
> Any entity with a responsibility to enforce or ensure observance to or
> obedience of the law, whether mandated by government or otherwise.
> We could go on forever with this - but let me know if there are any
> show stopping objections.
> I hope we make the deadline of 5pm ;-)
> Sharon
>
> Sharon LEMON OBE
> Deputy Director
> Cyber and Forensics
> Serious and Organised Crime Agency (SOCA)
> 07768 290902
> 0207 855 2800
>
> -----Original Message-----
> *From:* KIBBEY, Gary
> *Sent:* 30 November 2011 13:16
> *To:* LEMON, Sharon
> *Subject:* FW: Emailing: WHOIS Policy RT - Draft report - 24 Nov -
> Clean CC GK Comments
>
> *NOT PROTECTIVELY MARKED *
>
> Gary Kibbey/ Senior Manager
> Cyber
> Serious Organised Crime Agency/ Tel +44(0)207 855 2863 +44(0)7876790990
> gary.kibbey at soca.x.gsi.gov.uk
>
>
> -----Original Message-----
> *From:* FLAHERTY, Jonathan
> *Sent:* 29 November 2011 17:54
> *To:* KIBBEY, Gary; ADDIS, Benedict
> *Cc:* CURLEY, Cliona
> *Subject:* RE: Emailing: WHOIS Policy RT - Draft report - 24 Nov -
> Clean CC GK Comments
>
> *NOT PROTECTIVELY MARKED *
>
> My comments added.
>
> *Jon Flaherty | HVOM | SOCA Cyber & Forensics | 0207 855 2808 | 07919
> 218439 | jonathan.flaherty at soca.x.gsi.gov.uk*
>
>
> -----Original Message-----
> *From:* KIBBEY, Gary
> *Sent:* 29 November 2011 14:34
> *To:* FLAHERTY, Jonathan; ADDIS, Benedict
> *Cc:* CURLEY, Cliona
> *Subject:* FW: Emailing: WHOIS Policy RT - Draft report - 24 Nov -
> Clean CC GK Comments
>
> *NOT PROTECTIVELY MARKED *
>
> Gents
> If you have any comments -can you drop onto this working copy.
> Don't track changes - just comments.
> Ta
> Gary
>
> Gary Kibbey/ Senior Manager
> Cyber
> Serious Organised Crime Agency/ Tel +44(0)207 855 2863
> +44(0)7876790990
> gary.kibbey at soca.x.gsi.gov.uk
>
>
> -----Original Message-----
> *From:* KIBBEY, Gary
> *Sent:* 29 November 2011 14:31
> *To:* KIBBEY, Gary
> *Subject:* Emailing: WHOIS Policy RT - Draft report - 24 Nov -
> Clean CC GK Comments
>
> *NOT PROTECTIVELY MARKED *
>
>
> The message is ready to be sent with the following file or link
> attachments:
>
> WHOIS Policy RT - Draft report - 24 Nov - Clean CC GK Comments
>
>
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