Thank you for opening our eyes to this Farzi!

Let's put together a letter to the RDRS working group? Maybe including your
arguments, any industry benchmarks, best practices, and examples from other
members/regions. This could facilitate Stephanie’s efforts and our tracking
of the issue? Maybe we can dive deeper into this during our next PC meeting?

Kind regards ,

 Emmanuel



Sent from iPhone. Excuse brevity and typos.


On Fri 5 Apr 2024 at 23:24, Caleb Olumuyiwa Ogundele <[log in to unmask]>
wrote:

> Dear Farzaneh and Stephanie,
>
> I agree with Farzaneh's suggestion to bring the issue of transparency in
> RDRS to the Standing Committee. I believe it is essential to find a balance
> between transparency and the need to protect ongoing investigations.
>
> One way to achieve this could be to publish the number of requests
> received from each jurisdiction on an annual or biannual basis. This would
> provide some level of transparency while still safeguarding the
> confidentiality of ongoing investigations.
>
> I believe this approach would address the concerns of human rights and
> civil liberties advocates while also ensuring that law enforcement efforts
> are not impeded.
>
> Best regards,
> Caleb Ogundele
>
> On Fri, Apr 5, 2024 at 6:04 PM Pedro de Perdigão Lana <
> [log in to unmask]> wrote:
>
>> Hi Farzi,
>>
>> I think your idea of providing examples of what could be considered the
>> "market standard" of how to treat this kind of data would be the best way
>> to approach the RDRS SC. Just to drop a few others, Meta (
>> https://transparency.fb.com/reports/government-data-requests/country/),
>> Google (https://transparencyreport.google.com/user-data/overview?hl=en)
>> and TikTok (
>> https://www.tiktok.com/transparency/en-us/government-removal-requests-2023-1/)
>> have interesting reports that could deter most arguments against
>> implementing it for security reasons.
>>
>> One could also point out that this isn't interesting just for human
>> rights and civil liberties, but also for other interest groups to identify
>> potentially problematic regions (f. ex., a country where, for some reason,
>> there is a spike of registrations being used for criminal activities
>> commonly identified as such all around the world).
>>
>> Cordially,
>>
>> *Pedro de Perdigão Lana*
>> Lawyer <https://www.sistemafiep.org.br/>, GEDAI/UFPR
>> <https://www.gedai.com.br/> Researcher
>> PhD Candidate (UFPR), LLM in Business Law (UCoimbra)
>> Board Member @ CC Brasil <https://br.creativecommons.net/>, ISOC BR
>> <https://isoc.org.br/> and IODA <https://ioda.org.br/>
>> This message is restricted to the sender and recipient(s). If received by
>> mistake, please reply informing it.
>>
>>
>> Em sex., 5 de abr. de 2024 às 18:00, farzaneh badii <
>> [log in to unmask]> escreveu:
>>
>>> Dear NCSG,
>>> As you know RDRS (the system whereby requestors of domain name
>>> registrants personal data submit their request to access the data-it's a
>>> triage system) is now in operation. (been for a few months) There is a
>>> Standing Committee on RDRS that meets biweekly which discusses the
>>> technical issues of the system. In the report that RDRS issues, we usually
>>> can see the number of requests on behalf of law enforcement agencies but it
>>> does not specify which jurisdictions.
>>> It is common practice for different Internet organizations and
>>> tech-companies to report at least on the jurisdiction. For example, Apple
>>> has been publishing the LEA transparency reports, for example you can see
>>> which countries and how many apps were requested to be removed from the App
>>> Store:
>>> https://www.apple.com/legal/more-resources/docs/2022-App-Store-Transparency-Report.pdf
>>>
>>> Other Internet organizations also report on which countries requested
>>> data, here is for example a RIPE NCC transparency report:
>>> https://www.ripe.net/publications/docs/ripe-794/
>>>
>>> This topic has been of interest for NCSG for a long time because of its
>>> implications on human rights and civil liberty.
>>>
>>> I want to suggest that we bring this issue to RDRS SC and ask to open up
>>> the discussion on how we can have some minimal transparency in place. For
>>> example which countries the law enforcement agencies submit requests from.
>>> We can open up the conversation and also consider what measures to take not
>>> to disrupt ongoing investigations and come to a middle ground on this. This
>>> is not the only way we can request some minimal transparency but it could
>>> be a start.
>>>
>>> Stephanie is our representative on RDRS SC. Maybe she can bring up this
>>> issue in that group?
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Farzaneh
>>>
>>
>
> --
> *Caleb Ogundele*
> Email: [log in to unmask]
>