[ALAC] Fwd: [council] Motion from the RrSG

Patrick Vande Walle patrick at vande-walle.eu
Wed Sep 14 06:30:51 UTC 2011



Thanks for this. A few comments. 

While this is a good
administrative step, we should not have too much optimism on its

E-mail is an unreliable notification method. At best,
a combination fo DKIM and S/MIME or PGP migh help identify if the
sending LEA is really who they pretend to be, but this is not mandated
in the submitted motion.  

Even then, the law of the country in which
the registrar is established may not give any legal value to electronic
search warrants.  

Even if it does, it is not guaranteed that what is
considered illegal in country A is also illegal in country B. A recent
example was the takedown of the rojadirecta.org domain, considered
illegal by the DHS is the US, but perfectly legal in Spain, where the
registrant is based.  

What is the risk for the registrar if they do
not follow up on a foreign LEA request ? Should they help LEAs from
autocratic regimes identify political opponents ? 

Did the GNSO discuss
this or evaluate the cost/benefit ratio of such a measure ?  

Thank you
for pointing out in your reply that the implementation might take a long
time, and the concern about resellers.  

Best regards, 

Patrick Vande

On Tue, 13 Sep 2011 16:46:40 -0400, Alan Greenberg wrote: 

The following motion was just sent to the GNSO 
> Council list by Tim
Ruiz on behalf of the Registrar Stakeholder Group.
> I will also
forward the reply that I sent to the Council list.

  Jean-Jacques is on
leave. Hence, I don't have any feedback from his side. 


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