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
>>
>