Hi Mikhail,

I forward your support to Kathy.

Thx!

Nicolas

-------- Forwarded Message --------
Subject: 	Re: Signatures sought: Timely Comments on Whois Accuracy Pilot 
Study Report
Date: 	Fri, 13 Mar 2015 19:47:55 +0000
From: 	Mikhail M. Komarov <[log in to unmask]>
To: 	Nicolas Adam <[log in to unmask]>



Please count on me


With best wishes,
Mikhail Komarov
National Research University Higher School of Econimics

Moscow,Russia

Sent from  iPhone

13 ìàðòà 2015 ã., â 21:50, Nicolas Adam <[log in to unmask] 
<mailto:[log in to unmask]>> íàïèñàë(à):

> Please add my name also. Good work.
>
> Nicolas Adam
>
> On 13/03/2015 2:11 PM, Kathy Kleiman wrote:
>>
>>
>> Dear All,
>>
>> Attached please find an important set of comments. They are to the 
>> Whois Accuracy Pilot Study Report – by a group of researchers at the 
>> University of Chicago called NORC. Buried in this report turns out to 
>> be a many issues important to us in the Whois domain name 
>> registration databases – including the question of postal addresses 
>> (should we be validating and publishing the physical addresses of 
>> political dissident groups, religious minorities, girls’ schools in 
>> areas where many do not like girls education?Is there a danger to be 
>> evaluated *before* we undertake this new policy?)
>>
>> Identity Validation is a very open question as well, yet NORC seems 
>> ready to start work in this area. I have written a set of questions 
>> that say STOP – and let’s consider the policy implications of these 
>> acts before we develop plans to put them into effect. The comments 
>> are below (with a full copy attached).
>>
>> *They are due tonight!If you can sign on, please do. Please let me 
>> know your name and/or organization and/or country.*
>>
>> **
>>
>> Great tx to Stephanie Perrin for editing! Here are some thoughts of 
>> members on our Policy Committee:
>>
>> -Kathy’s drafted, what I believe to be, an excellent comment in 
>> response. – Amr Elsadr
>>
>> -Great job Kathy!!  I support this document.  -- Stephanie Perrin
>>
>> -Feel free to add my name as endorsing the document – Ed Morris
>>
>> Best and tx!!
>> Kathy (Kleiman)
>>
>> *
>> WHOIS Accuracy Pilot Study Report*
>>
>> Burying Extremely Divisive Policy Questions in a Technical 
>> Implementation Report Written by an ICANN Contractor is Improper and, 
>> in this Case, Dangerous
>>
>>
>> These are comments written in response to the WHOIS Accuracy Pilot 
>> Study Report. Buried in this Report – which purports to be an 
>> implementation report of an ICANN Contractor (NORC/University of 
>> Chicago) -- are some of the most controversial and unsettled issues 
>> in ICANN policy discussions and history. These issues are the subject 
>> of deep and bitter divides over many years of ICANN work, the subject 
>> of interest across the world, and the focus of a series of explosive 
>> comments in Singaporewhen the ICANN Community began to realize what 
>> was happening.
>>
>>
>> It is inappropriate in the extreme, for ICANN policy issues to be 
>> buried in a ICANN Contractor’s implementation report, and even 
>> further, deep in its Appendix B,/Next Steps for the Development of 
>> the WHOIS Accuracy Report System (ARS). /This follows pages of study 
>> “methods and approach” language and sample design which are obscure 
>> even to those who follow Whois policy issues on a regular basis.We 
>> submit that after the many years of heated controversy over this 
>> topic, it is disingenuous at the very least to allow this to happen 
>> policy debate to continue its development in this manner.
>>
>> We are deeply concerned that ICANN Staff has not flagged this Report, 
>> or this Comment Proceeding, for what it appears to be – a process to 
>> seek permission from the ICANN Community for the:
>>
>> a)*wholesale checking of the physical addresses of online speakers 
>> across the world (whether using domain names for political speech, 
>> personal speech, or religious, ethnic or sexual minority 
>> expression)*thus creating an unprecedented inextricable link between 
>> a speaker and her physical location, and
>>
>> b)*the**radical new concept of Identity Validation for each and every 
>> domain name Registrant to the ICANN Community, *a concept with 
>> inconceivable implications for political, ethnic and religious 
>> minorities worldwide, as well as entrepreneurs, emerging 
>> organizations and those operating today without identities who seek 
>> to create them.
>>
>> We respectfully add the issues below to this debate.
>>
>> *I.**ICANN has never been given a mandate for Address Checking on a 
>> Massive Scale*
>>
>> Although the Contractor’s Report seems to suggest that the ICANN 
>> Community has approved the massive checking of postal addresses in 
>> the existing gTLD Whois databases, that is not the case.
>>
>>
>> A.The Whois Review Team Final Report set the standard of 
>> “contactability” -- reaching the domain name registrant with 
>> questions and concerns – not absolute accuracy of all data in the whois
>>
>> The Current NORC Study (2014) and its accompanying ICANN Staff 
>> Summary accompanying this NORC’s Pilot Report misrepresent the WHOIS 
>> Policy Review Team Final Report and its Recommendations. The goal of 
>> the Whois Review Team was “Contactibility” and “Reachability” of the 
>> Registrant. To this end WHOIS Policy Review Team Final Report looked 
>> “holistically” at the Whois record and did not seek the accuracy of 
>> each and every element of a Registrant’s Whois record.
>>
>>
>> Specifically, the NORC Report of 2009/2010 (an earlier report called 
>> the NORC Data Accuracy Study) created five categories for ranking the 
>> data quality of a Whois record: *Full Failure* (overwhelmingly 
>> inaccurate); *Substantial Failure* (most data inaccurate); *Limited 
>> Failure* (data to some degree present and considered useful); 
>> *Minimal Failure* (may benefit from additional information, but data 
>> provided is accurate) and *No Failure *(data complete and accurate).
>>
>> */
>> The Whois Review Team called for ICANN to significantly reduce the 
>> number of “Full Failure” and “Substantial Failure” Whois Records --- 
>> Avoidance of “No Failure” was not a goal at all./*As shared many 
>> times in meetings of the Whois Review Team and members of the ICANN 
>> Community, including the GAC, what the WHOIS Review Team recommended 
>> was that Whois information be sufficiently available and accurate for 
>> the Registrant to be reached –for legitimate technical, 
>> administrative and other questions: [Recommendation] “*6. ICANN 
>> shouldtakeappropriatemeasurestoreduce thenumberofWHOIS 
>> registrationsthatfallintotheaccuracygroupsSubstantial Failureand Full 
>> Failure(asdefinedbytheNORCDataAccuracyStudy,2009/10)by50%within12months 
>> andby50%againoverthefollowing12months.*”
>>
>>
>> Thus, for the Whois Review Team, “No Failure” (full accuracy of all 
>> fields) was */not the goal/*;“contactability” and “reachability” of 
>> Registrants was.
>>
>>
>>         B. 2013 Registrar Accreditation Agreement
>>
>>
>> The WHOIS Review Team Final Report noted that efforts were already 
>> underway to improve accuracy and contactibility of Registrants in the 
>> then-pending “direct negotiations with Registrars on revisions to the 
>> RAA.” These negotiations resulted in the 2013 RAA which furthered the 
>> goal of reaching Registrants through verified phone numbers and email 
>> addresses:
>>
>> 1.f : “Verify:
>>
>> i.the email address of the Registered Name Holder (and, if different, 
>> the Account Holder) by sending an email requiring an affirmative 
>> response through a tool-based authentication method such as providing 
>> a unique code that must be returned in a manner designated by the 
>> Registrar, or
>>
>> ii.the telephone number of the Registered Name Holder (and, if 
>> different, the Account Holder) by either (A) calling or sending an 
>> SMS to the Registered Name Holder's telephone number providing a 
>> unique code that must be returned in a manner designated by the 
>> Registrar, or (B) calling the Registered Name Holder's telephone 
>> number and requiring the Registered Name Holder to provide a unique 
>> code that was sent to the Registered Name Holder via web, email or 
>> postal mail.
>>
>> As with the Final Report of the Whois Review Team, the goal of the 
>> 2013 RAA was “contactability” and “reachability” of the domain name 
>> Registrant for technical or administrative questions by third parties.
>>
>> C.Where Did the “No Failure” Standard Come From for NORC – the 
>> Validation and Verification of Each and Every Whois Element Without 
>> Policy Processes or Assessments of the Risks and Harms?
>>
>> Consistent with the Whois Review Team Final Report and the 2013 RAA, 
>> we can understand the NORC methodology and approach to checking email 
>> addresses and telephone numbers – but postal address validation?Where 
>> is the underlying GNSO Policy driving this direction to NORC from 
>> ICANN Staff?
>>
>> */Where is the assessment of the risks and benefits of updating the 
>> physical addresses of hundreds of millions of political, personal, 
>> religious, ethnic and sexual speakers – including dissidents, 
>> minorities and those discriminated against by the laws and customs of 
>> various regions?/*Where is NORC evaluating the wholesale and massive 
>> verification of postal address in the existing gTLD WHOIS databases 
>> without such an assessment?How did ICANN Staff come to direct it?
>>
>>
>> The NORC Contractor seems to have jumped from the logical – checking 
>> email and phone – to checking physical addresses. But this leap from 
>> an open and undecided policy question to a mere implementation issue 
>> should be disturbing to everyone in the ICANN Community. What we know 
>> from history and the most tragic of recent events is that speech and 
>> physical location are a dangerous combination.
>>
>>
>> When individuals armed with automatic rifles wish to express their 
>> disagreement with the legal speech of a satirical magazine, they find 
>> the location in Parisand kill writers, publishers and cartoonists. 
>> When they want to express contempt for those practicing another 
>> religion, they bring their guns to kosher grocery stores in Parisand 
>> synagogues in Copenhagen. Tracking down and beheading Christian 
>> minorities is a horror of daily life in some parts of the world.
>>
>>
>> The UN Declaration of Human Rights, adopted in 1948, states:
>>
>>   * Everyone has the right to freedom of opinion and expression; this
>>     right includes freedom to hold opinions without interference and
>>     to seek, receive and impart information and ideas through any
>>     media and regardless of frontiers.
>>
>>
>> It does not say that everyone must put their address on that speech. 
>> Where, as here, the Internet has become the major path of 
>> communication for that speech, the requirement of a physical address 
>> for every speaker may well violate the requirement of the right to 
>> speak and the protection for that expression.
>>
>>
>> Further, the validation of postal addresses represents a major change 
>> of policy – one not mandated or requested by the Whois Review Team, 
>> the 2013 RAA or by any Policy-Development Team we know of.
>>
>> Who has evaluated the impact and dangers of wholesale adoption of 
>> postal address validation of the long-existing gTLD Whois databases– 
>> especially in a world that has changed dramatically in the last few 
>> years – where entire governments have risen and fallen, where 
>> formerly free countries and regions are enslaved by terrorist 
>> organizations and a new set of dictators? While proxy/privacy 
>> registrations are available, */they are a costly luxury for many and 
>> completely unknown to others/*.
>>
>>
>> The mandatory validation of the massive number of postal addresses in 
>> the gTLD Whois database – as appears to be the policy proposal buried 
>> between methodology and sample sizes in the Contractor’s report -- 
>> will result in the dangerous, harmful, even life-threatening exposure 
>> of those using their domain names for nothing more than communicating 
>> their ideas, concerns, political hopes, and religious meetings via 
>> private streams of domain name communications, such as on listservs 
>> and email addresses, and more public resources including websites and 
>> blogs.
>>
>>
>> No policy we know has ever directed ICANN Staff to instruct a 
>> Contractor to engage in massive Postal Address Validation – and no 
>> policy development process we know has studied, weighed, debated or 
>> valued the enormous impact to speech and expression of going back 
>> over 25+ years of domain names registrations to suddenly “correct” 
>> the postal address and thereby expose battered women’s shelters, 
>> women’s schools in Pakistan, pro-democracy groups, family planning 
>> groups and LBGQT locations worldwide.
>>
>>
>> If this is the policy we in ICANN choose to adopt in the future (as 
>> we certainly have NOT adopted it already), then it will require 
>> enormous amounts of preparation, notice and warning to gTLD domain name
>> registrants on a global scale. Absent that, we know (without doubt or 
>> hyperbole) that ICANN will have blood on its hands.
>>
>> Overall, ICANN’s Contractor NORC seems to have jumped into 
>> policy-making, not mere implementation.
>>
>> *
>> II. ****Identity Validation – Really? *
>>
>>
>> Buried deep in Appendix B, of the Contractor’s Report, behind 
>> “syntactic accuracy” and “operational accuracy” is the explosive 
>> issue of “exploring accuracy from an identity perspective” (page 45).
>>
>> At no time has ICANN ever held a Policy Development Processes on 
>> Identity Validation. Accordingly, where does this guidance from ICANN 
>> to its Contractor to explore identity validation implementation come 
>> from?For those who attended the public Whois meeting in LA, this 
>> issue certainly was not flagged in the discussion; for those who 
>> attended the public meeting in Singapore, this issue was introduced 
>> and IMMEDIATELY FLAGGED as intensely controversial and divisive.
>>
>>
>> Identity validation of those engaged in freedom of expression, 
>> publishing and political discussion is a deeply controversial 
>> prospect – and one with heartfelt objection and opposition grounded 
>> in history and law. The United States, for example, sought to be free 
>> of Englandin part because of the mandatory licensing of its printing 
>> presses – and the arrest of all who published objections to actions 
>> of the English crown. Pamphlets issued without names and addresses 
>> are not just a cultural right in the US, but a constitutional 
>> one./McIntyre vs. //Ohio//Elections Commission, 514 //U.S.//334 (US 
>> Supreme Court, 1995). /
>>
>>
>> A.The GAC asked for a weighing of the risks and benefits
>>
>> We note that the GAC has not issued policy in this area. According to 
>> the “Brief Overview” provided by ICANN as introduction to this 
>> Contractor Report and this public comment period, the GAC “asked for 
>> an assessment of the feasibility, costs and benefits of conducting 
>> identity validation as part of the development of the ARS.”
>>
>>
>> Nowhere in this report do we see any assessment of the costs, delays, 
>> risks and harms that might be incurred by gTLD Registrants, 
>> Registrars and Registries worldwide if identity validation were 
>> adopted. Nowhere do we even see an analysis of how identity 
>> validation takes places, what happens when a minority seeks to 
>> register, or when a speaker must disclose and show her identification 
>> as the cost of signing up for a domain name highlighting family 
>> planning, women rights, or women’s education in parts of the world 
>> not as conducive to these fundamental rights and basic principles. 
>> Must she go through her father for this too?
>>
>>
>> B.ICANN has promised a policy making process.
>>
>> In his response to the GAC on this issue, Dr. Crocker noted concerns:
>>
>> The costs of operating the Accuracy Reporting System are largely 
>> dependent
>>
>> upon the number of WHOIS records to be examined, as well as the level of
>>
>> validation (syntactic, operational, or identity). For example, the 
>> initial
>>
>> responses to the ICANN RFP reveal that identity validation services 
>> are both
>>
>> costly and difficult to administer on a global basis. */There may 
>> also be data/*
>>
>> */protection and privacy issues of concern to the community when 
>> conducting/*
>>
>> */extensive identity validation on WHOIS records./*Hence, the costs of
>>
>> completing the development of Phase 3 will be determined based on
>>
>> engagement with the community to identify the appropriate level of 
>> identity
>>
>> validation for ICANN to conduct, as well as the costs associated with
>>
>> performing identity validation on a global scale. 
>> (https://www.icann.org/en/system/files/correspondence/crocker-to-dryden-02sep14-en.pdf, 
>> emphasis added.)
>>
>>
>> As always, policy development must proceed implementation. We call on 
>> ICANN to take this discussion out of the recesses of a Contractor 
>> report, and into the light of the policy development process.
>>
>> *
>>         III**. Wide Outreach Needed*
>>
>> One thing the Whois Review Team did note in its Final Review is the 
>> need for clear and concerted outreach on issues that impact the 
>> Whois: “We found great interest in the WHOIS policy among a number of 
>> groups that do not traditionally participate in ICANN’s more 
>> technical proceedings. They include the law enforcement community, 
>> Data Protection Commissioners, and the privacy community more 
>> generally.”The Whois Review Team’s recommendation specifically call 
>> for active and concerted outreach to these communities of its issue:
>>
>> */Recommendation 3 - Outreach /*
>>
>> ICANN should ensure that WHOIS policy issues are accompanied by 
>> cross-community outreach, including outreach to the communities 
>> outside of ICANN with a specific interest in the issues, and an 
>> ongoing program for consumer awareness.
>>
>>
>> That has clearly not happened here – when so much of substance is 
>> buried so deeply in the back of a report. When will ICANN be 
>> undertaking clear, robust global Outreach on these important freedom 
>> of expression and privacy issues and implications?
>>
>> *
>> IV.**Finally, let’s Add Policy Staff and Freedom of Expression and 
>> Data Protection Expertise*
>>
>> We ask that an ICANN Staff deeply steeped in data protection and 
>> freedom of expression laws and rights be brought on to work on the 
>> development of these address and identity issues. We understand that 
>> ICANN feels previous backgrounds of its staffers do not limit their 
>> activities, but the perception and reality of this issue would be 
>> considered much more balanced if the ICANN Staffers of the project 
>> hailed from an array of backgrounds and had represented multiple 
>> sides of this issue in their prior lives.
>>
>> *
>> V.**Conclusion*
>>
>> We can’t bury wholesale physical address checking and the new concept 
>> of identity validation in the back of a Contractor Report. These are 
>> NOT policies examined or endorsed by the whole of the ICANN or even 
>> the GNSO communities, nor policies evaluated yet by the whole of the 
>> ICANN Community. The risks and benefits must be assessed before the 
>> implementation is planned.
>>
>>
>> Signed,
>>
>>
>> MEMBERS OF THE NONCOMMERCIALS STAKEHOLDERS GROUP
>> [name, and/or organization, and/or country]
>>
>