Hi Steve,

Jumping in here.  I don’t think we need for ICANN to forbid alerting the registrant.  If it is against the law, the law already forbids it.  We don’t need to recreate every law within the ICANN ecosystem. 

Best,

Paul

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From: GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org> On Behalf Of Steve Crocker
Sent: Wednesday, July 26, 2023 3:52 PM
To: Kapin, Laureen <LKAPIN@ftc.gov>
Cc: Eleeza Agopian <eleeza.agopian@icann.org>; gnso-epdpp2-smallteam@icann.org
Subject: Re: [GNSO-EPDPP2-SmallTeam] [Ext] [O] Item 2 - Language provided to Rar/Ry to ensure checkbox is used properly

Yuko,

The language proposals, both existing and what Laureen is asking for, leave the door open for a registrar to receive a confidential request and aler the registrant.  The proposed language makes it clear they should not do that, but it doesn't forbid it.

Another piece of this puzzle is the terms of use.  Will there be language in the terms of use for the registrars that strengthens the protection of confidential requests by requiring registrars to keep confidential requests marked confidential?  This would still permit the registrar to refuse to honor the request, but it would not permit them to disclose the fact of the request.

Thanks,

Steve

On Wed, Jul 26, 2023 at 12:22 PM Kapin, Laureen via GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam@icann.org> wrote:

Dear Yuko,

  Apologies for the delay.  I’ve conferred with Chris and Gabe and here is our proposed “plain language” revision:

To Rrs (as shown in the screenshot):

“This request pertains to an active ongoing Law Enforcement investigation. It is very important that you keep this request confidential so that In order for Law Enforcement can to effectively use the data for the identified is purpose., it is crucial that this request remains confidential. You should not let the registrant know about The existence of this request should not be revealed to the registrant. If your the registrars policies do not allow for confidential disclosure to law enforcement, we ask request that you stop processing this request be disregarded and take steps to alert the law enforcement requestor of your policy - rather than taking any action which would lead you to notifying the registrant not process ited.”

To Requestors (slightly modified since the screenshot):

“By c Checking this box will notify ,the Registrar will be notified of your request for confidentiality. Please n Note that this is a voluntary system, and the participating registrars have agreed to use make their best efforts to honor your request. This may include volve the registrar taking certain steps appropriate measures to follow up on comply with your request, providing you with information on the steps that can be taken, or rejecting your request without notifying the registered name holder.”

Kind regards,

Laureen Kapin

Assistant Director for International Consumer Protection

Office of International Affairs

Federal Trade Commission

lkapin@ftc.gov

From: GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org> On Behalf Of Yuko Yokoyama
Sent: Friday, July 7, 2023 11:59 AM
To: LEWIS-EVANS, Christopher <Christopher.Lewis-Evans@nca.gov.uk>; gnso-epdpp2-smallteam@icann.org
Cc: Eleeza Agopian <eleeza.agopian@icann.org>
Subject: Re: [GNSO-EPDPP2-SmallTeam] [Ext] [O] Item 2 - Language provided to Rar/Ry to ensure checkbox is used properly

Dear Chris,

My apology for not closing the loop on this end, while I did email the screenshots of the revised confidentiality language in a new email thread (posted here).

Since the creation of the screenshots, we have further modified the language on the Requestor side to tighten the message. Please see below the current language:

To Rrs (as shown in the screenshot):

“This request pertains to an ongoing Law Enforcement investigation. In order for Law Enforcement to effectively use the data for this purpose, it is crucial that this request remains confidential. The existence of this request should not be revealed to the registrant. If the registrars policies do not allow for confidential disclosure, we request that this request be disregarded and not processed.”

To Requestors (slightly modified since the screenshot):

“By checking this box, the Registrar will be notified of your request for confidentiality. Please note that this is a voluntary system, and the participating registrars have agreed to make their best effort to honor your request. This may involve the registrar taking appropriate measures to comply with your request, providing you with information on the steps that can be taken, or rejecting your request without notifying the registered name holder.”

Thank you,

Yuko

From: "LEWIS-EVANS, Christopher" <Christopher.Lewis-Evans@nca.gov.uk>
Date: Monday, June 5, 2023 at 3:00 AM
To: Yuko Yokoyama <yuko.yokoyama@icann.org>, "gnso-epdpp2-smallteam@icann.org" <gnso-epdpp2-smallteam@icann.org>
Cc: Eleeza Agopian <eleeza.agopian@icann.org>
Subject: [Ext] [O] Item 2 - Language provided to Rar/Ry to ensure checkbox is used properly

OFFICIAL

Morning sorry for the delay on this please find the below proposed wording adjustment around the confidentiality checkbox

To rr’s

“This request relates to a Law Enforcement investigation. To allow us to utilise the data for this purpose this request must be kept confidential and the existence of this request must not to be disclosed to the registrant. If the registrars policies do not allow for confidential disclosure then please do not process this request. Premature notification to the registrant may constitute obstruction of an ongoing investigation”

To LEA’s

“By checking this box the Registrar will be notified of your request for confidentiality for your request from the registered name holder. This is a voluntary system and best efforts will be taken to comply with your request, or detailing actual steps that can be carried out, or to reject your request without notifying the registered name holder.”

Many Thanks

Chris

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