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RE: [ga] Privacy Brainstorming


You may also want to read this:

http://www.ietf.org/internet-drafts/draft-shockey-enum-privacy-security-00.t
xt

The author is an employee of NeuStar, but independent of that, he has been a
recognized expert in this area for many years.

Jeff

-----Original Message-----
From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us]
Sent: Wednesday, February 26, 2003 10:18 AM
To: 'Michael Froomkin - U.Miami School of Law'; Cade,Marilyn S - LGCRP
Cc: Michael D. Palage; ross@tucows.com; ga@dnso.org; Tony Holmes
(E-mail); Mark McFadden (E-mail)
Subject: RE: [ga] Privacy Brainstorming


Michael,

All of this is still in development.  

No one is rolling out a public Enum service in the United States tomorrow.
I suggest you have patience and provide constructive feedback into the
process, rather than always assuming the worst with respect to any new
service.  You are absolutely correct in that there are a number of privacy
concerns with respect to ENUM.  However, you are absolutely incorrect if you
are making the assumption that these problems have not been identified and
are not on the minds of all interested in both providing and receiving this
service.

Marilyn is absolutely on target with her description of the ENUM activities
to date in the US.  I also suggest that if you are interested, you can learn
more about ENUM activities around the world on the ITU's ENUM Page at:
http://www.itu.int/osg/spu/enum/.

Jeff

P.S.  My company is actively involved in the ENUM standards development as
well as other aspects of the ENUM service.  I, unfortunately, am on
tangentially involved.  If you have any questions, I would be happy to pass
them on to those in our company who are more familiar with this service than
myself.





-----Original Message-----
From: Michael Froomkin - U.Miami School of Law
[mailto:froomkin@law.miami.edu]
Sent: Wednesday, February 26, 2003 8:20 AM
To: Cade,Marilyn S - LGCRP
Cc: Michael D. Palage; ross@tucows.com; ga@dnso.org; Tony Holmes
(E-mail); Mark McFadden (E-mail)
Subject: RE: [ga] Privacy Brainstorming


And URL to the privacy policies in, say, the US would be....?

On Wed, 26 Feb 2003, Cade,Marilyn S - LGCRP wrote:

> It is important to clear up misunderstanding about ENUM which seem to be
buried in this communication.
> 
> There is  no inherent privacy risk to ENUM in and of itself. Each country
will be creating an "instantiation" of 
> ENUM. Each country therefore has the ability to address privacy and
security in its implementation of ENUM. To my knowledge, 
> each country undertaking a trial, or an implementation has considered
privacy of the individual. Not all ENUM users are individuals. That has to
be kept in mind. Huge numbers of potential ENUM users are institutional
users.
> 
> There may be an ENUM briefing at the Rio meeting. 
> 
> Rather than speculating on how ENUM is being undertaken in the various
country trials, it would behoove
> all to attend this session and "learn more", if they are not already
involved and informed.  
> 
> Simply speculating seems to the "ICANN way". I strongly recommend
learning more. 
> 
> To simply assume that ENUM is a "revenue opportunity" to registries or
registrars is a simple approach to a more complex "question".
> 
> I would assume that any interested party has sought already to learn how
their country is instantiating ENUM and has worked within that process for
participation. And any interested party will have done the responsible
exploration of the realities of revenue generation opportunities -- again,
these are not ICANN issues. 
> 
> Some ccTLDs may be interested in  and seeking to be the ENUM "Tier 1", or
to provide some other level of service.
> Some "g" registries or registrars may be interested in bidding to be the
country Tier 1 for their country. IF that is the approach taken by the
country. ENUM is not within the scope of ICANN, but is one of those
applications with implications for the DNS, so is within ICANN's
responsibility to provide information and awareness about...
> 
> There are implications for ENUM in data accuracy in the DNS.  Inaccurate
data will return...what is that old computer adage: garbage in/garbage out?
So, inaccuracies will beget inaccuracies... 
> 
> Okay, enough "teasers".  I suggest that all interested parties  plan to
attend the ENUM informational briefing at Rio if it materializes. Otherwise,
many countries have web sites with information about their country trials. 
> 
> BUT, again, let's demystify this. ENUM is an application, outside of
ICANN, which "uses" the DNS. But it is a convergence technology. There are
many places to learn about ENUM, depending on the country one is located in
and providing services in.....A strong potential linkage exists between VoIP
[Internet over Internet Protocol] and ENUM. Clearly, there is NO role for
ICANN in VoIP. 
> 
> We all need to be careful not to "smush" [technical term] too many things
together. At the same time, "awareness/informational" sessions, such as one
on ENUM, are both informative and valuable, to ICANN's stakeholders. 
> 
> 
> 
> 
> -----Original Message-----
> From: Michael D. Palage [mailto:michael@palage.com]
> Sent: Tuesday, February 25, 2003 11:36 AM
> To: ross@tucows.com
> Cc: ga@dnso.org
> Subject: RE: [ga] Privacy Brainstorming
> 
> 
> Ross,
> 
> I am a little confused at your verbal jab at the FTC. After the first FTC
> meeting with registration authorities last Fall, I stressed the need for
> them to work within a global framework not just a US centric view of the
> world. Any you know what happened? There was a follow-up meeting at the
> Department of Commerce, where there were representatives from the DoC
> (including the US GAC representative), the European Union, and the FTC.
This
> meeting served as another stepping stone of people trying to work together
> to solve common problems.
> 
> After this meeting there was the recent cross boarder workshop where
> representatives from around the world, both public and private sector got
> together in another attempt to move the ball forward. Similarly,
registrars
> have been working to establish open lines of communication with law
> enforcement since the outset of competition in this space. Remember our
> meeting with the Department of Justice and the FBI to address domain name
> hijacking in 2000. One of the reasons that I traveled to Germany a couple
of
> weeks ago to attend the DENic ICANN workshop was to gain a better
> appreciation of the conflicting interests between data protection laws
from
> around the globe.
> 
> In my humble opinion one of the biggest driving forces pushing Whois
reform
> is ENUM, please refer to the recent postings on ICANNWatch. This is why I
> have pushed for Henning Grote from Deutshe Telekom to be the registrar
> constituency delegate to the ICANN Nominating Committee. Henning has been
> one of the individuals that has raised my awareness of European data
privacy
> protection. Moreover, DT is beginning to roll out ENUM applications this
> year. His knowledge on the convergence of this technology and the
> surrounding policy issues make him a potentially valuable asset to the
> nominating committee. Moreover, ENUM represents potential new revenue
> opportunities for registrars which is also another positive.
> 
> I am glad that TUCOWS is stepping forward to advocate increased privacy.
But
> you miss the point that privacy is directly related to access. As we heard
> last week, data privacy is NOT ABSOLUTE. If you spend the time to read the
> European Commission  Directives you will see that there are limitations.
> Thus privacy is directly related to access. Specifically, who has access
to
> the data and at what levels.
> 
> I look forward to continued constructive dialogue on this issue in the
> future.
> 
> Mike
> 
> 
> 
> 
> 
> 
> 
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Ross Wm.
> > Rader
> > Sent: Tuesday, February 25, 2003 9:57 AM
> > Cc: ga@dnso.org
> > Subject: RE: [ga] Privacy Brainstorming
> >
> >
> > > of the GAC to assist in resolving some of these complex
> > > issues involving the accuracy and access of Whois information.
> >
> > This isn't about accuracy and access, but privacy. Lets not lose sight
> > of that - or the reason why we need to consult with the GAC in the first
> > place - reaching out to individual agencies is neither practical, nor
> > within our mandate.
> >
> > >
> > > Although you talk about privacy being a universal issue, you
> > > miss the fact that national laws have very different
> > > approaches toward protecting it, please refer to the
> >
> > I do? I thought I was pretty clear in stating that we needed a mechanism
> > to respect local policy at an international level - not a mechanism to
> > rationalize local policy on a registrar by registrar or registry by
> > registry or worse, [insert infinite number of combinations here] basis.
> >
> > > test, and the ability to demonstrate that the new
> > > private-public sector framework can work.
> >
> > I'm not sure that there is one. I have heard your colleagues at the FTC
> > use this phrase more than once, but I don't really feel that we are part
> > of a partnership.
> >
> >
> >                        -rwr
> >
> >
> >
> >
> > "There's a fine line between fishing and standing on the shore like an
> > idiot."
> > - Steven Wright
> >
> > Get Blog... http://www.byte.org/
> >
> > --
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> > ("unsubscribe ga" in the body of the message).
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> >
> 
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> 

-- 
		Please visit http://www.icannwatch.org
A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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