- Gnso-rds-pdp-6 - lists.icann.org

RDS WG DT6 Draft - Revised 10.26.2017 v2
by Victoria Sheckler Oct. 26, 2017

Oct. 26, 2017

Please see attached that incorporates the changes discussed today. Regards, Vicky

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[gnso-rds-pdp-6] revised draft
by Victoria Sheckler Oct. 26, 2017

Oct. 26, 2017

All, please see the attached revised draft in light of our call today. Please note: * In order to address Farzaneh’s concern, we revised the description of the LEA component to read as follows under section 2: “LEA, prosecutors, or other governmental actors to investigate and enforce against possible criminal activity associated with the domain of interest or its registrant. This has been used, for example, to investigate cybercrimes, money laundering, and sexual exploitation of children. There is also anecdotal evidence of LEA in certain countries using registrant data to investigate and/or prosecute possible crimes committed by journalists or protesters who have registered the domain of interest.” * We reworked the purpose definition (item 4) somewhat, but after review, I at least still think that having more description is better at this time. * The main part of the document (excluding item 4 – our bonus effort 😉) is now 2 pages. It also has an annex as we discussed earlier. I hope this works for purposes of Saturday’s meeting. Regards, Vicky From: gnso-rds-pdp-6-bounces(a)icann.org [mailto:gnso-rds-pdp-6-bounces@icann.org] On Behalf Of Marika Konings Sent: Monday, October 23, 2017 1:58 PM To: gnso-rds-pdp-6(a)icann.org Subject: [Gnso-rds-pdp-6] Notes & action items DT6 Dear All, Please find below the notes and action items from today’s DT6 meeting. Best regards, Marika Notes & Action items DT6 meeting on Monday 23 October 2017 1. Roll call * On today's call: Chuck Gomes, Farzaneh Badii, Griffin Barnett, Roger Carney, Vicky Sheckler, Paul Keating. 2. Review, discuss and confirm support and understanding of all input to date. * See version circulated by Chuck on Saturday * Ideally keep final document to max 2 pages for sharing with full WG. Most of Chuck's suggestions focused on trimming document down and possibly move some of it to an annex. * Deliverable will follow the template - transmittal message does not need to be included in the template. * Is legal action limited to private action, or could also include governmental or criminal prosecution? Need to decide on how broad the scope would be, also note that other DT may also cover some of these. Better to go broader, even if there is overlap. * See suggestion from Farzaneh sent to the mailing list to add an additional category - Identify journalists, protesters and civil rights activists and bring them to court. * Could consider having abbreviated version of the tasks in the template (bulleted or numbered list) and move some of the details into an annex. * 'TBD' - part may indeed be covered by DTs so would be good to flag. * All to review the list under item 2 (describe the parties who often access gTLD registration data in pursuit of legal purposes) and add as appropriate. Agreement to move details to annex and keep high level summary as part of the template. * Important to treat all use cases equally * The list of people listed as needing access do not include defense counsel or those facing the charges being brought. * Part 3 - suggestion to leave the data elements in the template, just consider shortening purpose description if/where possible. * Consider combining technical contact info to shorten section. * Part 4 - edits included are suggestions to shorten this section. Consider leaving it more detailed for the discussion at ICANN60 and then cut it down. Not clear that there will be another version, but ok to leave it with some more detail. This section will need to be updated to reflect other uses that are recognised in the other part of the document. Consider making this more general? Does this include too many examples, isn't the purpose: to assist litigants, their counsel and experts protect recognized legal rights or defend against claims levied against them? Need to also cover non-formal legal actions (ADR, etc). Then follow with a couple of examples, just to provide an illustration. Action item #1: Staff to resend the version that Chuck circulated Action item #2: All to review the latest version and share comments / edits 3. Identify a volunteer to perform final edits and prepare a draft deliverable for DT review. Action item #3: Vicky and Griffin to produce next iteration based on input received during the call and on list for DT review by mid-day tomorrow (Tuesday) Action item #4: DT members to review updated version once circulated by Vicky and Griffin within 24 hours. Action item #5: Chuck to decide by end of Wednesday whether another call is needed on Thursday. Action item #6: Volunteer to provide 2-3 minute overview of the findings of the DT during the WG F2F sessions at ICANN60: Griffin Barnett (backup: Vicky Sheckler, remote) 4. Timeline a. Items 3 – not later than midday Tuesday (tomorrow) b. List discussion & input on item 3 – midday Tuesday to midday Wednesday c. Confirm support & understanding – Wednesday afternoon d. Cancel Thursday call if not needed – Wednesday evening 5. Thursday call to finalize deliverable (if needed): 1300 UTC (9 am EDT Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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Feedback deadline
by consult＠cgomes.com Oct. 25, 2017

Oct. 25, 2017

Thanks to everyone for your input on the latest draft deliverable. Please remember that all input is due by midday today. Chuck

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Notes & action items DT6
by Marika Konings Oct. 24, 2017

Oct. 24, 2017

Dear All, Please find below the notes and action items from today’s DT6 meeting. Best regards, Marika Notes & Action items DT6 meeting on Monday 23 October 2017 1. Roll call * On today's call: Chuck Gomes, Farzaneh Badii, Griffin Barnett, Roger Carney, Vicky Sheckler, Paul Keating. 2. Review, discuss and confirm support and understanding of all input to date. * See version circulated by Chuck on Saturday * Ideally keep final document to max 2 pages for sharing with full WG. Most of Chuck's suggestions focused on trimming document down and possibly move some of it to an annex. * Deliverable will follow the template - transmittal message does not need to be included in the template. * Is legal action limited to private action, or could also include governmental or criminal prosecution? Need to decide on how broad the scope would be, also note that other DT may also cover some of these. Better to go broader, even if there is overlap. * See suggestion from Farzaneh sent to the mailing list to add an additional category - Identify journalists, protesters and civil rights activists and bring them to court. * Could consider having abbreviated version of the tasks in the template (bulleted or numbered list) and move some of the details into an annex. * 'TBD' - part may indeed be covered by DTs so would be good to flag. * All to review the list under item 2 (describe the parties who often access gTLD registration data in pursuit of legal purposes) and add as appropriate. Agreement to move details to annex and keep high level summary as part of the template. * Important to treat all use cases equally * The list of people listed as needing access do not include defense counsel or those facing the charges being brought. * Part 3 - suggestion to leave the data elements in the template, just consider shortening purpose description if/where possible. * Consider combining technical contact info to shorten section. * Part 4 - edits included are suggestions to shorten this section. Consider leaving it more detailed for the discussion at ICANN60 and then cut it down. Not clear that there will be another version, but ok to leave it with some more detail. This section will need to be updated to reflect other uses that are recognised in the other part of the document. Consider making this more general? Does this include too many examples, isn't the purpose: to assist litigants, their counsel and experts protect recognized legal rights or defend against claims levied against them? Need to also cover non-formal legal actions (ADR, etc). Then follow with a couple of examples, just to provide an illustration. Action item #1: Staff to resend the version that Chuck circulated Action item #2: All to review the latest version and share comments / edits 3. Identify a volunteer to perform final edits and prepare a draft deliverable for DT review. Action item #3: Vicky and Griffin to produce next iteration based on input received during the call and on list for DT review by mid-day tomorrow (Tuesday) Action item #4: DT members to review updated version once circulated by Vicky and Griffin within 24 hours. Action item #5: Chuck to decide by end of Wednesday whether another call is needed on Thursday. Action item #6: Volunteer to provide 2-3 minute overview of the findings of the DT during the WG F2F sessions at ICANN60: Griffin Barnett (backup: Vicky Sheckler, remote) 4. Timeline a. Items 3 – not later than midday Tuesday (tomorrow) b. List discussion & input on item 3 – midday Tuesday to midday Wednesday c. Confirm support & understanding – Wednesday afternoon d. Cancel Thursday call if not needed – Wednesday evening 5. Thursday call to finalize deliverable (if needed): 1300 UTC (9 am EDT Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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Attendance, Adobe Connect recording and chat / Next-Gen RDS drafting team 6 - Legal Actions call on Monday, 23 October 2017 at 17:00 UTC
by Julie Bisland Oct. 23, 2017

Oct. 23, 2017

Dear all, Please find below the Adobe Connect recording, chat and attendance from the Next-Gen RDS drafting team 6 - Legal Actions call held on Monday, 23 October 2017 at 17:00 UTC. Adobe Connect recording: https://participate.icann.org/p1l2ix9zxbw/<https://participate.icann.org/p1l2ix9zxbw/?OWASP_CSRFTOKEN=ba32205baa7d5c6f…> Apology: Juan Manuel Rojas Attendance: Chuck Gomes, Roger Carney, Vicky Sheckler, Farzaneh Badii, Griffin Barnett, Paul Keating Staff: Marika Konings (note-taker), Julie Bisland Thank you. Kind regards, Julie Adobe Connect Chat: Julie Bisland:Welcome to the GNSO Next-Gen RDS Subteam #6 - Legal Actions teleconference on Monday, 23 October 2017 at 17:00 UTC Julie Bisland:hello all, will be starting a few minutes later than normal, Chuck is delayed but will be joining shortly Vicky Sheckler:hi and ok Marika Konings:anytime :-) Farzaneh Badii:is there a google doc we can work on? Griffin Barnett:no objection here Farzaneh Badii:Thank you Chuck Farzaneh Badii:and Vicky Griffin Barnett:i understand the need to abbreviate the doc, and am fine with edits serving this purpose Griffin Barnett:i haven't had a chance yet to closely review Chuck's redline but can probably review and send any comments this afternoon Farzaneh Badii:I don't have any objections Griffin Barnett:understood Chuck, no problem Paul keating:these are all prosecutorial or plaintiff based. Paul keating:we need defense counsel, registrant counsel, etc. Farzaneh Badii:yes Paul keating:people who access would be defense counsel, domain registrants Paul keating:no Paul keating:i will in a few mins. am in a taxi Paul keating:the list of people listed as needing access do not include defense counsel or those facing the charges being brought Paul keating:yes Farzaneh Badii:oh we solved the puzzle Paul :) Griffin Barnett:agree w/ Chuck and Vicky Roger Carney:I like that and your suggestion on consolidating Tech Griffin Barnett:+1 Griffin Barnett:fine to consolidate the admin/tech contact rows Farzaneh Badii:it's fine thanks Paul keating:ok Paul keating:chuck, what is the purpose of the purpose? Paul keating:is it for the purposes of the gdpr? Paul keating:purpose: to assist litigants, their counsel and experts protect recognized legal rights or defend against claims levied against them....? Farzaneh Badii:and prosecutors and governments Farzaneh Badii:(law enforcement) Griffin Barnett:if we want to keep it broaad/higher level that's fine, no need to illustrate by trying to list examples, which i agree can tend to exclude certain examples Farzaneh Badii:agreed Griffin Julie Bisland:yes, will do Griffin Barnett:as i mentioned earlier in the chat, i should be able to take a crack at revising along the lines of Chuck's redlines and today's discussion...i can send to Vicky for her thoughts and have her circulate to the full DT Griffin Barnett:should be able to get to it this afternoon....i will be traveling all day tomorrow, but will be sure to get something into Vicky's hands to carry forward before EOD today Vicky Sheckler:thanks Farzaneh Badii:I will be flying on wed Farzaneh Badii:I will. thanks you Paul keating:not sure if i will be there Griffin Barnett:i would be willing to do it, but happy to have someone else do it too Farzaneh Badii:yes thanks for drafting Griffin Farzaneh Badii:and Vicky and everyone else Griffin Barnett:thanks, much appreciated...and appreciate everyone's assistance and comments Paul keating:thanks to griffen and victoria Roger Carney:Yes, thank you. It helps a non-legal person understand much better Paul keating:good night Griffin Barnett:Thanks Chuck, bye all Farzaneh Badii:thanks Chuck. bye

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Agenda for DT6 meeting today
by consult＠cgomes.com Oct. 23, 2017

Oct. 23, 2017

Attached and pasted below is a proposed agenda for the DT6 call today. Chuck DT6 Agenda, Monday 23 Oct 17 1. Rollcall 2. Review, discuss and confirm support and understanding of all input to date. 3. Identify a volunteer to perform final edits and prepare a draft deliverable for DT review. 4. Timeline a. Items 3 - not later than midday Tuesday (tomorrow) b. List discussion & input on item 3 - midday Tuesday to midday Wednesday c. Confirm support & understanding - Wednesday afternoon d. Cancel Thursday call if not needed - Wednesday evening 5. Thursday call to finalize deliverable (if needed): 1300 UTC (9 am EDT)

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DT6 Action items.
by Chuck Oct. 23, 2017

Oct. 23, 2017

Vicky/Griffin, What is the status of your first drafts for action items i, ii, iii, & iv? It would be really helpful if those could be sent this list soon so the full team could discuss it suggest edits today and over the weekend. That may allow us to have a fairly well formed version before our meeting on Monday. Chuck

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DT6 Doodle Poll
by Chuck Oct. 18, 2017

Oct. 18, 2017

Paul/Juan, Please complete the Doodle Poll below so we can schedule our next teleconference call. Thanks to the rest of you for doing so already. Chuck From: gnso-rds-pdp-6-bounces(a)icann.org [mailto:gnso-rds-pdp-6-bounces@icann.org] On Behalf Of Terri Agnew Sent: Wednesday, October 18, 2017 5:20 AM To: gnso-rds-pdp-6(a)icann.org Cc: gnso-secs(a)icann.org Subject: [Gnso-rds-pdp-6] REMINDER: Doodle / Next-Gen RDS Drafting team #6: Legal Actions Dear all, Please complete the doodle to schedule the Next-Gen RDS Drafting team #6: Legal Actions. Per the meeting today, the next meeting will be held on either 23 or 24 October and a back-up meeting scheduled on 26 Oct. Please make sure to select times for all three dates. Doodle: https://doodle.com/poll/4d8ymke5zg5bhpkp I have enabled the time zone so that it can be changed to your zone. This doodle will close on Thursday, 19 October 2017. Thank you. Kind regards, Terri

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REMINDER: Doodle / Next-Gen RDS Drafting team #6: Legal Actions
by Terri Agnew Oct. 18, 2017

Oct. 18, 2017

Dear all, Please complete the doodle to schedule the Next-Gen RDS Drafting team #6: Legal Actions. Per the meeting today, the next meeting will be held on either 23 or 24 October and a back-up meeting scheduled on 26 Oct. Please make sure to select times for all three dates. Doodle: https://doodle.com/poll/4d8ymke5zg5bhpkp I have enabled the time zone so that it can be changed to your zone. This doodle will close on Thursday, 19 October 2017. Thank you. Kind regards, Terri

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Notes and Action Items from DT6 17 October Call
by Lisa Phifer Oct. 17, 2017

Oct. 17, 2017

Notes and Action Items from Drafting Team 6 Kick-Off Call 1. Welcome & roll call . Attendees: Roger Carney, Vicky Sheckler, Farzaneh Badii, Griffin Barnett (joining late), Paul Keating (joining late by phone) . Absent: Juan Manuel Rojas Action Item: All DT members to commit 30 minutes a day over the next week to participate in drafting team email. 2. Brief recap of drafting team goals and due date a. Overall goal: To enable better understanding of the Legal Actions purpose for Whois data, first in DT6 and then in the full RDS PDP WG. b. Tasks for drafting team i. Describe tasks commonly involved in carrying out this purpose. ii. Describe the parties who often access data iii. List gTLD registration data often involved in this purpose. iv. Describe the purpose succinctly in one paragraph v. Prepare and submit not later than Thursday, October 26. vi. Provide an overview at F2F on Saturday, October 28: Roger Carney will participate in-person at ICANN60, Vicky will participate remotely, Farzeneh will participate one way or the other Action Item: All DT members to try to participate in ICANN60, either in person of remotely, to assist with presenting team's output at F2F on Saturday, October 28 3. All team members to share their level of experience with the legal actions purpose . Farzeneh has legal experience but is here to learn about this purpose from the rest of the team . Roger has little experience with this purpose but comes from more of an operational perspective Vicky is Dep Gen Counsel for RIAA, most of what they does is in intellectual property protection, use WHOIS extensively for enforcement. . Griffin is IP attorney, practicing ~5 years in trademark and also copyright space. Rely on WHOIS info to investigate infringement issues and use it in due diligence to decide whether to pursue UDRP complaint or other litigation, to identify appropriate name parties, etc . Paul is Director with Domain Tools (publishes WHOIS and other data used in the context of domain name disputes) Also serves as counsel (often for defense, for example to prove client is not the owner of a DN). Use WHOIS (content and historical) to verify ownership of DN to determine whether seller is really owner and can sell DN (part of due diligence), or payer has some contract with party to whom DN being sold. 4. Introduce EWG's definition of this purpose as a starting point for discussion . See both EWG Report excerpts on page 2 of template . Is "Legal Actions" the appropriate name for this purpose? Seems awfully broad and encompasses a variety of actions. Distinction the EWG made was the user of the data (as opposed to law enforcement using data in a criminal investigation) - this purpose encompasses a variety of civil and criminal cases, where data is needed by parties other than law enforcement, possibly in advance of filing suit or notifying legal authorities. 5. Initial Discussion . Fake site copycat type sites engaging copyright infringement ("string rippers" who distribute audio of copyrighted recording (pirated material) without permission) - went to WHOIS info to find out more about site owners and to contact them (sent letter). One was reachable via postal letter. Another used P/P so worked with registrar to try to identify whether registrant was "real." Another case, used WhoWas to look at who previously registered site now registered via P/P to see a pattern and that the sites were in fact related . How do you determine there is a copyright infringement? Is this based on your experience or do you go to court to determine this? In U.S. and several western countries, law provides that private citizens can take action against actors - under civil law, we need to investigate claim and they notify the individual you believe are in violation of law, and ask for relief (e.g., change activities, damages). In UK, you MUST send this type of letter before you can file claim with the court. This is why WHOIS is used before going to court, to determine whether lawsuit can be filed at all. . Griffin uses WHOIS to determine whether there are other bad faith actors involved in a DN registration, email address as first point of contact to discuss the matter with registrant, if no reply client may request escalation - for example UDRP complaint, using WHOIS data to name respondent in that legal action . Paul - see intro above for a few use cases taken in the last 60 days. In addition, as director of Domain Tools, DT uses WHOIS to provide services to law enforcement, private companies . When WHOIS data is used for copyright enforcement, trademark infringement, etc, to contact parties involved, what happens when information is incomplete, what other data sources are used? Answer: Reach out to Registrar (sometimes Registry) to get information. May also file WHOIS complaint re: inaccuracy in hopes of getting inaccuracy resolved (mechanism available under 2013 RAA). 5. Assign responsibilities for creating first drafts . DT can rename purpose to reflect definition . See template and sections that need to be fleshed out i. Describe tasks commonly involved in carrying out this purpose. ii. Describe the parties who often access data iii. List gTLD registration data often involved in this purpose. iv. Describe the purpose succinctly in one paragraph Action Item: Vicky and Griffin volunteer to take a crack at drafting i/ii/iii above, starting from EWG text, but reflecting discussion today - out to DT mailing list no later than Thursday morning (48 hrs from now) Action Item: All to review and comment on text emailed by Vicky and Griffin, making sure it includes the breadth of legal actions of concern, noting that DT4 is covering due diligence during DN purchase/sale Action Item: All DT6 members to use specific subject lines please, and be sure to send your mail to the DT6 list <gnso-rds-pdp-6(a)icann.org> - the mail server will insert the tag [Gnso-rds-pdp-6] for all messages sent to that dedicated list for this team's use. 7. Next steps and action items a. List discussion on agenda item 5.c. (Chuck will initiate this after call.) b. Volunteers for action item above will submit their first drafts to the list and initiate list discussion not later than Thursday, October 19 8. Next teleconference call(s) a. Suggestions: i. Next call on Monday October 23 or Tuesday October 24 ii. Third call early on Thursday October 26 if needed to finalize deliverable b. Chuck will request a Doodle Poll for the following days: i. Monday October 23 ii. Tuesday October 24 iii. Thursday October 26 Action Item: GNSOsecs to send Doodle polls for 23/24 Oct and for 26 Oct.

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