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