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<https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html>). 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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk<mailto:StatutoryDisclosureTeam@nca.gov.uk>. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
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<https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html>). 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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk<mailto:StatutoryDisclosureTeam@nca.gov.uk>. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
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 registran*t not process *i**t*ed.”
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 effort*s* 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 <https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html> ).
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
This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption.
It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
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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 [cid:image001.jpg@01D9BFDC.D6C4EAC0] Paul McGrady Partner Elster & McGrady 3847 N. Lincoln Avenue Second Floor Chicago, IL 60613 Office Direct: +1 (312) 515-4422 paul@elstermcgrady.com<mailto:paul@elstermcgrady.com> www.elstermcgrady.com<http://www.elstermcgrady.com/> Schedule a call: www.HuddleWithPaul.com<http://www.huddlewithpaul.com/> Download Contact Information and Read Bio<https://linqapp.com/paul_mcgrady?r=link> 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<mailto: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<mailto:lkapin@ftc.gov> From: GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org<mailto: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<mailto:Christopher.Lewis-Evans@nca.gov.uk>>; gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian <eleeza.agopian@icann.org<mailto: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<https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html>). 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<mailto:Christopher.Lewis-Evans@nca.gov.uk>> Date: Monday, June 5, 2023 at 3:00 AM To: Yuko Yokoyama <yuko.yokoyama@icann.org<mailto:yuko.yokoyama@icann.org>>, "gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org>" <gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org>> Cc: Eleeza Agopian <eleeza.agopian@icann.org<mailto: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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk<mailto:StatutoryDisclosureTeam@nca.gov.uk>. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible. _______________________________________________ GNSO-EPDPP2-SmallTeam mailing list GNSO-EPDPP2-SmallTeam@icann.org<mailto:GNSO-EPDPP2-SmallTeam@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdpp2-smallteam _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. This email originated from outside the firm. Please use caution.
I wasn't aware it was against the law. If it is, then ICANN should cite the law. And even if it's against the law in some jurisdiction, would it apply to all registrars? If it isn't against the law, ICANN should make it a provision in the terms of reference. ICANN imposes all sorts of rules, so I'm puzzled why this seems problematic. The proposed language appears to leave open the possibility that a registrar might choose to alert the registrant and that by doing so it would not have violated any rules. Steve On Wed, Jul 26, 2023 at 5:18 PM Paul McGrady <paul@elstermcgrady.com> wrote:
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
*Paul McGrady*
Partner
Elster & McGrady
3847 N. Lincoln Avenue
Second Floor
Chicago, IL 60613
Office Direct: +1 (312) 515-4422
paul@elstermcgrady.com
*www.elstermcgrady.com <http://www.elstermcgrady.com/>*
Schedule a call: www.HuddleWithPaul.com <http://www.huddlewithpaul.com/>
Download Contact Information and Read Bio <https://linqapp.com/paul_mcgrady?r=link>
*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 registran*t not process *i**t*ed.”
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 effort*s* 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 <https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html> ).
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
This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption.
It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
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The basic fair information practices principle of transparency/right to be informed is in play here. The substantive requirements of applicable law will vary from jurisdiction to jurisdiction. The answer to "which law applies" will also vary from case to case and jurisdiction to jurisdiction. In some cases, the law of the registrar will apply, in some cases the law of the registrant will apply, and in some cases you have to consider both. * In most cases a controller will likely not be required to notify a data subject that their personal information has been requested so long as they don't actually disclose the requested information to the requestor. (But even here there may be corner cases.) * If the registrar actually discloses the information to the requestor, even under California law (for example), in response to a data subject "right to know" request, a registrar would likely have to disclose that it gave specified categories of personal information to law enforcement. b J. Beckwith Burr HWG LLP | 1919 M Street N.W. | Washington, D.C. 20036 office: +1 202 730 1316 | mobile: +1 202 352 6367 bburr@hwglaw.com<mailto:bburr@hwglaw.com> | hwglaw.com ________________________________ From: GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org> on behalf of Steve Crocker <steve@shinkuro.com> Sent: Wednesday, July 26, 2023 5:24:21 PM To: Paul McGrady Cc: Eleeza Agopian; 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 I wasn't aware it was against the law. If it is, then ICANN should cite the law. And even if it's against the law in some jurisdiction, would it apply to all registrars? If it isn't against the law, ICANN should make it a provision in the terms of reference. ICANN imposes all sorts of rules, so I'm puzzled why this seems problematic. The proposed language appears to leave open the possibility that a registrar might choose to alert the registrant and that by doing so it would not have violated any rules. Steve On Wed, Jul 26, 2023 at 5:18 PM Paul McGrady <paul@elstermcgrady.com<mailto:paul@elstermcgrady.com>> wrote: 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 [cid:1899412320f4ce8e91] Paul McGrady Partner Elster & McGrady 3847 N. Lincoln Avenue Second Floor Chicago, IL 60613 Office Direct: +1 (312) 515-4422 paul@elstermcgrady.com<mailto:paul@elstermcgrady.com> www.elstermcgrady.com<http://www.elstermcgrady.com/> Schedule a call: www.HuddleWithPaul.com<http://www.huddlewithpaul.com/> Download Contact Information and Read Bio<https://linqapp.com/paul_mcgrady?r=link> From: GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org<mailto: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<mailto:LKAPIN@ftc.gov>> Cc: Eleeza Agopian <eleeza.agopian@icann.org<mailto:eleeza.agopian@icann.org>>; gnso-epdpp2-smallteam@icann.org<mailto: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<mailto: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<mailto:lkapin@ftc.gov> From: GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org<mailto: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<mailto:Christopher.Lewis-Evans@nca.gov.uk>>; gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian <eleeza.agopian@icann.org<mailto: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<https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html>). 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<mailto:Christopher.Lewis-Evans@nca.gov.uk>> Date: Monday, June 5, 2023 at 3:00 AM To: Yuko Yokoyama <yuko.yokoyama@icann.org<mailto:yuko.yokoyama@icann.org>>, "gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org>" <gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org>> Cc: Eleeza Agopian <eleeza.agopian@icann.org<mailto: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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk<mailto:StatutoryDisclosureTeam@nca.gov.uk>. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible. _______________________________________________ GNSO-EPDPP2-SmallTeam mailing list GNSO-EPDPP2-SmallTeam@icann.org<mailto:GNSO-EPDPP2-SmallTeam@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdpp2-smallteam _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. This email originated from outside the firm. Please use caution.
Becky, Thanks. Can we break this down into the cases that are determinable and the cases that aren't. Our focus is on the specific situation where a law enforcement person L seeks information about a domain D registered to Rt from registrar Rr, with the proviso that the request be kept confidential from Rt. It seems to me the complete set of cases are: a) The laws pertinent to L, Rr and Rt permit responding without notifying Rt; b) The laws pertinent to L, Rr and Rt do not permit responding without notifying Rt but do permit Rr to respond to L that the request could not be satisfied without notifying Rt; c) The laws of L, Rr and/or Rt require notifying Rt; d) The laws of L, Rr and/or Rt are not clear enough to make a determination. (a) and (b) satisfy L's requirements. Only (c) and (d) pose a problem for L. I would hope there's a way for L to ask "If I ask about D, would you be forced to notify Rt? Steve On Wed, Jul 26, 2023 at 6:31 PM Becky Burr <BBurr@hwglaw.com> wrote:
The basic fair information practices principle of transparency/right to be informed is in play here. The substantive requirements of applicable law will vary from jurisdiction to jurisdiction. The answer to "which law applies" will also vary from case to case and jurisdiction to jurisdiction. In some cases, the law of the registrar will apply, in some cases the law of the registrant will apply, and in some cases you have to consider both.
- In most cases a controller will likely not be required to notify a data subject that their personal information has been requested s*o long as they don't actually disclose the requested information to the requestor*. (But even here there may be corner cases.) - If the registrar actually discloses the information to the requestor, even under California law (for example), in response to a data subject "right to know" request, a registrar would likely have to disclose that it gave specified categories of personal information to law enforcement.
b
J. Beckwith Burr
HWG LLP | 1919 M Street N.W. | Washington, D.C. 20036
office: +1 202 730 1316 | mobile: +1 202 352 6367
bburr@hwglaw.com | hwglaw.com
------------------------------ *From:* GNSO-EPDPP2-SmallTeam <gnso-epdpp2-smallteam-bounces@icann.org> on behalf of Steve Crocker <steve@shinkuro.com> *Sent:* Wednesday, July 26, 2023 5:24:21 PM *To:* Paul McGrady *Cc:* Eleeza Agopian; 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
I wasn't aware it was against the law. If it is, then ICANN should cite the law. And even if it's against the law in some jurisdiction, would it apply to all registrars? If it isn't against the law, ICANN should make it a provision in the terms of reference. ICANN imposes all sorts of rules, so I'm puzzled why this seems problematic. The proposed language appears to leave open the possibility that a registrar might choose to alert the registrant and that by doing so it would not have violated any rules.
Steve
On Wed, Jul 26, 2023 at 5:18 PM Paul McGrady <paul@elstermcgrady.com> wrote:
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
*Paul McGrady*
Partner
Elster & McGrady
3847 N. Lincoln Avenue
Second Floor
Chicago, IL 60613
Office Direct: +1 (312) 515-4422
paul@elstermcgrady.com
*www.elstermcgrady.com <http://www.elstermcgrady.com/>*
Schedule a call: www.HuddleWithPaul.com <http://www.huddlewithpaul.com/>
Download Contact Information and Read Bio <https://linqapp.com/paul_mcgrady?r=link>
*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 registran*t not process *i* *t*ed.”
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 effort*s* 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 <https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html> ).
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
This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption.
It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
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Dear Laureen, Thank you for the suggested language. I wanted to see if Sarah had feedback, as I recall her sharing concerns about the original language not written in a simple, layman’s term way. If no feedback from Sarah or others, we will incorporate these new suggested languages in our system. Please note, I will be on my holiday until mid-August. I am CC’ing Diana Middleton here from the ICANN org’s project team so she can follow up as necessary in my absence. Thank you, Yuko From: "Kapin, Laureen" <LKAPIN@ftc.gov> Date: Wednesday, July 26, 2023 at 9:22 AM To: Yuko Yokoyama <yuko.yokoyama@icann.org>, "LEWIS-EVANS, Christopher" <Christopher.Lewis-Evans@nca.gov.uk>, "gnso-epdpp2-smallteam@icann.org" <gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian <eleeza.agopian@icann.org> Subject: RE: [Ext] [O] Item 2 - Language provided to Rar/Ry to ensure checkbox is used properly 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<https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html>). 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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk<mailto:StatutoryDisclosureTeam@nca.gov.uk>. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
I think Laureen’s changes are great and really help the material to be understandable for non-lawyer readers. -- Sarah Wyld, CIPP/E Policy & Privacy Manager Pronouns: she/they swyld@tucows.com From: Yuko Yokoyama Sent: August 3, 2023 7:06 PM To: Kapin, Laureen; LEWIS-EVANS, Christopher; gnso-epdpp2-smallteam@icann.org Cc: Eleeza Agopian Subject: Re: [GNSO-EPDPP2-SmallTeam] [Ext] [O] Item 2 - Language provided toRar/Ry to ensure checkbox is used properly Dear Laureen, Thank you for the suggested language. I wanted to see if Sarah had feedback, as I recall her sharing concerns about the original language not written in a simple, layman’s term way. If no feedback from Sarah or others, we will incorporate these new suggested languages in our system. Please note, I will be on my holiday until mid-August. I am CC’ing Diana Middleton here from the ICANN org’s project team so she can follow up as necessary in my absence. Thank you, Yuko From: "Kapin, Laureen" <LKAPIN@ftc.gov> Date: Wednesday, July 26, 2023 at 9:22 AM To: Yuko Yokoyama <yuko.yokoyama@icann.org>, "LEWIS-EVANS, Christopher" <Christopher.Lewis-Evans@nca.gov.uk>, "gnso-epdpp2-smallteam@icann.org" <gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian <eleeza.agopian@icann.org> Subject: RE: [Ext] [O] Item 2 - Language provided to Rar/Ry to ensure checkbox is used properly 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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
Thank you, Sarah! Yuko From: Sarah Wyld <swyld@tucows.com> Date: Friday, August 4, 2023 at 5:01 AM To: Yuko Yokoyama <yuko.yokoyama@icann.org>, "Kapin, Laureen" <LKAPIN@ftc.gov>, "LEWIS-EVANS, Christopher" <Christopher.Lewis-Evans@nca.gov.uk>, "gnso-epdpp2-smallteam@icann.org" <gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian <eleeza.agopian@icann.org> Subject: RE: [GNSO-EPDPP2-SmallTeam] [Ext] [O] Item 2 - Language provided toRar/Ry to ensure checkbox is used properly I think Laureen’s changes are great and really help the material to be understandable for non-lawyer readers. -- Sarah Wyld, CIPP/E Policy & Privacy Manager Pronouns: she/they swyld@tucows.com<mailto:swyld@tucows.com> From: Yuko Yokoyama<mailto:yuko.yokoyama@icann.org> Sent: August 3, 2023 7:06 PM To: Kapin, Laureen<mailto:LKAPIN@ftc.gov>; LEWIS-EVANS, Christopher<mailto:Christopher.Lewis-Evans@nca.gov.uk>; gnso-epdpp2-smallteam@icann.org<mailto:gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian<mailto:eleeza.agopian@icann.org> Subject: Re: [GNSO-EPDPP2-SmallTeam] [Ext] [O] Item 2 - Language provided toRar/Ry to ensure checkbox is used properly Dear Laureen, Thank you for the suggested language. I wanted to see if Sarah had feedback, as I recall her sharing concerns about the original language not written in a simple, layman’s term way. If no feedback from Sarah or others, we will incorporate these new suggested languages in our system. Please note, I will be on my holiday until mid-August. I am CC’ing Diana Middleton here from the ICANN org’s project team so she can follow up as necessary in my absence. Thank you, Yuko From: "Kapin, Laureen" <LKAPIN@ftc.gov> Date: Wednesday, July 26, 2023 at 9:22 AM To: Yuko Yokoyama <yuko.yokoyama@icann.org>, "LEWIS-EVANS, Christopher" <Christopher.Lewis-Evans@nca.gov.uk>, "gnso-epdpp2-smallteam@icann.org" <gnso-epdpp2-smallteam@icann.org> Cc: Eleeza Agopian <eleeza.agopian@icann.org> Subject: RE: [Ext] [O] Item 2 - Language provided to Rar/Ry to ensure checkbox is used properly 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<https://mm.icann.org/pipermail/gnso-epdpp2-smallteam/2023-June/000452.html>). 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 This information is supplied in confidence by the NCA. The NCA is not listed as a Public Authority under the Freedom of Information Act 2000. Any information supplied by, or relating to, the NCA is also subject to an absolute exemption. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under data protection legislation. Requests for disclosure to the public must be referred to the NCA FOI single point of contact, by email on StatutoryDisclosureTeam@nca.gov.uk<mailto:StatutoryDisclosureTeam@nca.gov.uk>. All email sent and received by the NCA is scanned and subject to assessment. Messages sent or received by NCA staff are not private and may be the subject of lawful business monitoring. Email may be passed at any time and without notice to an appropriate branch within the NCA, on authority from the Director General or their Deputy for analysis. This email and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible.
participants (6)
-
Becky Burr -
Kapin, Laureen -
Paul McGrady -
Sarah Wyld -
Steve Crocker -
Yuko Yokoyama