Agreed, this is a great exercise. I like the idea of using this simple
template to evaluate more policies and statements.

Thanks,
Peter

On Mon, Dec 18, 2023, 1:10 PM Benjamin Akinmoyeje <[log in to unmask]> wrote:

> Dear Farzaneh,
> Great idea, I hope you will consider the NCUC website as a great place to
> publish the blog.
>
> This is an important topic that many of our members are passionate about.
>
> Kind regards,
> Benjamin
>
> On Mon, Dec 18, 2023 at 7:40 PM farzaneh badii <[log in to unmask]>
> wrote:
>
>> Thank you Ephraim.
>>
>> I am going to turn this into a blog. If the policy committee and NCSG
>> decides to turn it into a letter getting broader feedback from the
>> membership and send it to the board that would be great.
>>
>> Policy Committee can you please have a look at this?
>>
>> Farzaneh
>>
>>
>> On Sun, Dec 17, 2023 at 11:17 AM Ephraim Percy Kenyanito <
>> [log in to unmask]> wrote:
>>
>>> Awesome stuff Farzaneh!
>>>
>>>
>>> --
>>>
>>> Best Regards,
>>> Ephraim Percy Kenyanito
>>> Public Policy Specialist/ Regulatory Affairs Specialist/ Project Manager-
>>> International Trade, Technology, Media & Telecommunications Laws
>>> Website: https://ekenyanito.com/
>>> Twitter: @ekenyanito <https://twitter.com/ekenyanito>
>>> PGP Fingerprint: B0FA394AF73DEB7AA1FDC7360CFED26DE6BA8DC1
>>>
>>>
>>> On Sun, 17 Dec 2023 at 02:46, farzaneh badii <[log in to unmask]>
>>> wrote:
>>>
>>>> Hi NCSG
>>>>
>>>> I have started doing HRIA on GAC Communiques. I started with a
>>>> Communique in Cancun.
>>>>
>>>> If NCSG and NCSG Policy Committee wants to, they can send this (with
>>>> amendments and comments) as a letter to the Board. I am hopefully going to
>>>> periodically do that and the next one is the GAC communique on urgent
>>>> requests. Link to document to comment on:
>>>> https://docs.google.com/document/d/1kmXgKaob7lIULB_6dXIepeZ7l2e6AzAJcfzAhuBKSEg/edit?usp=sharing
>>>>
>>>> The text:
>>>>
>>>> Governments asking for confidentiality of law enforcement requests for
>>>> access to domain name registrants personal, private data: A human rights
>>>> impact assessment
>>>>
>>>> WHOIS Disclosure System
>>>>
>>>> a. The GAC advises the Board:
>>>>
>>>> i. To direct ICANN org to promptly engage with the PSWG to identify and
>>>> advance
>>>>
>>>> solutions for confidentiality of law enforcement requests so as not to
>>>> preclude
>>>>
>>>> participation by law enforcement requesters when measuring usage of the
>>>> WHOIS
>>>>
>>>> Disclosure System.
>>>>
>>>> Governmental Advisory Committee/ Cancun, Mexico, 2023
>>>> <https://www.icann.org/en/system/files/correspondence/gac-to-icann-20mar23-en.pdf>
>>>>
>>>> Sources used: Business Social Responsibility Rapid Human Rights
>>>> Assessment:
>>>> https://www.bsr.org/files/BSR-Rapid-HRDD-Political-Armed-Conflict-Tool.pdf
>>>>
>>>> Rapid human rights impact assessment:
>>>>
>>>> The situation: WHOIS is the directory that includes the domain name
>>>> registrants private, personal, sensitive data such as phone numbers,
>>>> physical addresses and email addresses. Domain name owners can set up
>>>> websites around the world. This database was public and accessible for
>>>> years until General Data Protection Regulation came into effect which
>>>> required redaction of data. However, GDPR also had provisions for
>>>> disclosing the private data to third parties with a legitimate purpose.
>>>> GDPR is vague on how such disclosure can take place.
>>>>
>>>>
>>>> Rightsholders: Rightsholders in this situation are domain name
>>>> registrants.
>>>>
>>>> Impacted vulnerable communities: potential impacted communities can be
>>>> minority groups that discuss sensitive issues on their blog that are
>>>> unfairly illegal in their countries. Such as minority religious groups,
>>>> minority political oppositions and others.
>>>>
>>>> What is the severity of the actual or potential human rights impact?
>>>>
>>>> Unfair arrest, potential imprisonment, illegal house raids, cruel
>>>> punishments
>>>>
>>>> What are the potential long-term implications of the situation?
>>>>
>>>> Decrease in use of domain names and public websites for exercising
>>>> fundamental rights
>>>>
>>>> Inaccuracy of the database
>>>>
>>>> Peer companies that are taking action that the company can consult with
>>>> directly?
>>>>
>>>> Regional Internet Registries that have similar WHOIS databases do not
>>>> make the requests confidential, they report on which countries asked for
>>>> the data in their transparency reports (See RIPE NCC)
>>>> https://www.ripe.net/publications/lea-documents
>>>>
>>>> What can ICANN do to avoid, prevent, or mitigate the actual or
>>>> potential human rights impacts?
>>>>
>>>> ICANN should not grant law enforcement agencies the option to seek
>>>> disclosure of data confidentially from the registrars.
>>>>
>>>>
>>>>
>>>> Farzaneh
>>>>
>>>