Fully Concur Farzaneh,

It's a brilliant idea and others similar should also be turned to a blog,
Kudos Ephraim for putting this together.

Thank you

*Poncelet O. Ileleji*

*Jokkolabs Banjul -  Lead / CEO*
*Sait Matty Road, Bakau, Adjacent to Swedish Consulate*
*KMC, The Gambia*
*P O Box 4496 Bakau,KMC, The Gambia*
*Skype: pons_utd*
*Tel Direct Office: +220 4495115*

*Tel Mobile/Whatsapp: +220 9912508*

*LinkedIn: Jokkolabs Banjul*
*Facebook: Jokkolabs Banjul*
*Twitter: @jBanjul*




On Mon, Dec 18, 2023 at 5:40 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
>>>
>>