[lac-discuss-en] Fwd: Derek Smythe and Vittorio Bertolo in fraud of the Internet and =?x-unknown?Q?laintersecci=F3n = with ICANN

Carlton Samuels carlton.samuels at uwimona.edu.jm
Thu Apr 9 09:50:59 CDT 2009


Dear Alexander:
Thanks much for these thoughtful queries.

The key issue here is whois data.  The questions at debate are 1) whether
ICANN has a duty of care to enforce a minimum standard for that data   2)
whether ICANN has a duty of care to enforce a quality standard for that data
3) the mechanisms by which ICANN may exercise its enforcement duties.

I am on record for supporting #1 and #2.   And even though I believe that
the mechanism for enforcement will be challenging to define and bring into
operation, the time has come for this to be done.

In regard to ICANN and whois data, I hold the view that enforcement begins
with a more robust RAA which explicitly states the fundamental requirements
for a valid whois data record with a minimum set of elements as a
contractual obligation. I believe it would be desirable to establish in all
contracts downstream that promoting a false whois data record is a violation
of the contract and grounds for abrogation of that contract.

There is no doubt that ICANN does not now possess or co-opt the
infrastructure to enforce and insist on the integrity of its own contracts.
This weakness actually increases the challenges in defining a framework for
enforcement of whois data quality in the context of data enabling
old-fashioned criminal activities like fraud. For if quality whois data is a
necessary input to investigation, arrest and conviction of criminals, the
question becomes what is the minimum duty of the custodians of whois data?
And are they obliged to assist in criminal investigations and prosecutions
and in what ways?

The Derek/Vittorio conversation shows a small but important convergence in
two streams of thought - privacy concerns vs. law enforcement - and actually
encapsulates the ongoing discussions in At-Large and elsewhere in the ICANN
constituencies around the RAA improvements.

Kind regards,
Carlton Samuels

On Wed, Apr 8, 2009 at 9:41 PM, <apisan at servidor.unam.mx> wrote:

>
> [[--Translated text (es -> en)--]]
>
>
> Subject: Re: Fwd: Derek Smythe and Vittorio Bertolo in fraud of the
> Internet and =?x-unknown?Q?laintersecci=F3n = with ICANN
> From: apisan at servidor.unam.mx
>
> Carlton,
>
> why it seems to you interesting east interchange for our list?
> We would gain much if you exposed your point of view on the matter.
>
> For Why do you think this exchange is intersting our list? We would gain
> much if you expanded your point of view on it.
>
> Saludos/Yours,
>
> Alexander Pisanty
>
>
> . . . . . . . . . . . . . . . . . . . . . . . . . .
>      Dr Alexander Pisanty
> UNAM, Av. University 3000, 04510 Mexico DF Mexico
>
> Tels. +52-(1)-55-5105-6044, +52-(1)-55-5418-3732
>
> * My blog/My blog: http://pisanty.blogspot.com
> * LinkedIn procases out: http://www.linkedin.com/in/pisanty
> * Unete to group UNAM in LinkedIn,
> http://www.linkedin.com/e/gis/22285/Â106C0C8614<http://www.linkedin.com/e/gis/22285/%C3%82106C0C8614>
>
> ----&gt;&gt; Unete to ISOC Mexico, http://www.isoc.org
>  It participates in ICANN, http://www.icann.org
> . . . . . . . . . . . . . . . . . . . . . . . . . .
>
>
> On Wed, 8 Apr 2009 carlton.samuels at uwimona.edu.jm wrote:
> > Date: Wed, 8 Apr 2009 17:24:48 -0700 > From:
> carlton.samuels at uwimona.edu.jm > Reply-To:
> lac-discuss-es at atlarge-lists.icann.org > To:
> lac-discuss-es at atlarge-lists.icann.org > Subject: Fwd: Derek Smythe and
> Vittorio Bertolo in fraud of the Internet and > [ x-unknown ] laintersección
> with ICANN >  > > [ [ - - Translated text (in - &gt; is)--]] > > > Subject:
> Fwd: Derek Smythe and Vittorio Bertolo in fraud of the Internet and
> laintersección with ICANN > Of: carlton.samuels at uwimona.edu.jm > > Here
> under very interesting interchange in security of the Internet and >
> opinions of discussants of the paper of ICANN's. It at leastmarks stops >
> interesting reading, in my opinion. > > Carlton Samuels >
> ======================================================================== > >
> 1. Re: open letter [ En-Grande ] to ICANN (Derek Smythe) > > > > > Message:
> 1 > Date: Tue, The 07 Of April 2009 20:23:13 Of +0200 > Of: Derek Smythe <
> derek at aa419.org> > Subject: Re: [ RAA-WG ] open letter [ En-G!
>
>  rande ] to ICANN >: raa-wg at atlarge-lists.icann.org > cubical Centimeter:
> Vittorio Bertola <vb at bertola.eu> > Mensaje-Identificacio'n: <
> 49DB9A11.1050303 at aa419.org> > Contenido-Tipo: text/plain;
> charset=ISO-8859-1; format=flowed > > Vittorio, I differ and I agree.
> Understanding what is happening here > depends on the depth to understand. >
> > Grieved, this answer is longer, than much advance much more of length. >
> tact in some not known deeper realities to with which it often works > these
> same editings. > > Vittorio Bertola wrote: &gt; scritto of Derek Smythe has:
> &gt; &gt; hi >... &gt; I think that you are incurring a fundamental mistake
> here - you wish frauding down &gt; Web site taken by ICANN because &gt; has
> incorrect information of the WHOIS what you must wish you are something that
> a Web site frauding is tomadoabajo close &gt; police of its country because
> it breaks the laws of his country. > > the police of what country that would
> be? Where? This Web site has been > in!
>
>  dicated to the authorities more of once. > &gt; &gt; would be !
>  very, ve
> ry, very at issue if the ICANN personnel began to possibly take &gt;
> decisions ignited if a Web site is "criminal" or no, just close &gt; having
> a fast glance in its Home Page or due to the combined assumptions &gt; since
> those did in the complaint, as "frunces of the site personal &gt;
> information on uncertain form. The legitimate businesses do not collect this
> &gt; type of information without precautions of the security ". > > If you
> received an email phishing, you would make an assumption around > he if it
> requested that you opened to a session to your account enuna certain strange
> location? > > In one of the given examples - seguro-wayonline, are no
> assumptions > required. The information are not based on "fast glances". > >
> the official legal organizations publish more than enough data to
> paraverificar > that this Web site is not legitimate. Such resources can be
> used a > verifies that it is abusing the record number of another true
> company. A > the third civil employee!
>
>  one indicates that other Web site company is robadoa > registry and abuses
> he in its sites, aiming auctions of the jewelry shop. > > More than enough
> information of the tried fraud and the fraud is available > in line. > >
> Pida a battery or a supplier of financial services similar or still a
> financier > regulating what would happen if he suddenly began to do >
> depositing or similar without at least using a certain security protocols
> pleasure > https. > > Convengo partly - no, it is not task of ICANN's of
> taking scam down > Web site, but where it demonstrates according to
> consultative of old fashioned ICANN the 3 of April of 2003 > is available, a
> this editing for the action soon. That responsibility > lies with the
> secretary. ICANN must assure this becomes yes > covered under security and
> stability with the Internet, alsotrusts inside > the Internet. > > As far as
> the mentioned dominions of Godaddy, the true proprietor of the address >
> denies any knowledge of registrant. I!
>
>  CANN also was done found out > this. Other dominions by the sa!
>  me still
>  registrant existencon a > fictitious addresses; example NATWSECMAIL.INFO.
> > > How you would judge http://ubsflorida.homelandssecurities.com? > the
> answer would be to judge it via the WHOIS and the circumstances.In > this
> case this is history that relaunches by n-th time; >
> http://db.aa419.org/fakebankslist.php?psearch=BHFINDONESIA.COM >.. > to
> use the Graphcard.com processor of the payment in the WHOIS to place a
> dominion > with 007names.com, in spite of Graphcard that not been worth
> responsibility and > 007Names that is done found out this. >
> http://forum.aa419.org/viewtopic.php?t=29427 > > I have telephoned Joyce
> in 007names Yet personally algunosmeses back who > did not pay attention to
> my email where I explained what happened. She then requested > Him shipment
> another email. The result is there so that everything considers. We have >
> spoofs without head of the battery that executes conel around registered
> proprietor of the address > not to validate responsibility. Unapa!
>
>  ginación ten could probably write > "summary" in this - but I will save to
> him;) > > Grieved by the processed examples, but the bottom is that > the
> judgments are not made slightly. There are many tests that a dominion must >
> fall before it can fraudulent be declared. > > In fact many dominions are
> watched per months before revealing his > true nature. To understand the
> situation makes the situation extremely > trustworthy. > > Deseo to give the
> welcome kdbuk.com that it was watched formore than nine > months. If
> outside a better man would have been rich. Without always > showing the
> content of the Web, could say to him which were. I observe it > references
> NATWSECMAIL.INFO for the email. It is a small world, but once > I will
> again save a summary to him of ten paginations:) > > Nevertheless, the
> bottom is these details of the WHOIS of falsificacióndel use of the
> dominions, or > the mechanisms of the isolation of the abuse have taste of
> the last example. This is covered in !
>
>  > RAA. > &gt; &gt; also would be very at issue if ICANN began !
>  to inval
> idar names ofthe dominion &gt; considering that "the introduced postal code
> is incorrect". > > According to the explained thing, the postal code is the
> smallest part of him. It must > has been verified before November of of 2008
> if the system worked. But > raises a red indicator - why was not
> investigated? At leastwe > must an answer to the last victims of this scam.
> > &gt; &gt; nevertheless, I concur with the letter that the WDPRS is a
> useless service &gt; that appears to be unfolded more like symbolic effort
> than for true &gt; I think that it must as soon as be fallen - if suspicious
> of the people who esun Web site &gt; making fraud, must call to the police,
> noncIcann. If the necessity of the international cooperation is &gt;, the
> vario cleaning must as soon as to do &gt; its work and obtains ordered to
> cooperate ycon quickly effectiveness. If &gt; are the countries that they do
> not cooperate, later this one is definitively to &gt; matter for the
> national diplomacies to th!
>
>  e class towards outside - the E.E.U.U. could impose &gt; their flavor of
> the regulation of the intellectual characteristic to the entire world &gt;
> with trips and bilateral agreements, do not say to me that he is not
> &gt;enough strong to obtain the cooperation in cybercrime. > > the sad fact
> is the world has not trained enough at the moment > cleans the resources to
> watch each dominion that tries to scam > users of the Internet. The
> jurisdiction is also a problem. Anonymous powers etc > does not help. Such
> legitimate users of the Internet of theresources provide a > protects its
> isolation are same the use of the criminals ofthe Internet. The right > now
> the in advance paid cards of the American debit/gift are being sold in
> Africa (in a > the country nobody wishes to deal with) finishes with
> falseAmerican address > and used extensively to place dominions. > > I am
> not saying that application of law does not do the best one, of the fact >
> opposed! Given badly the Info registr!
>
>  y, they are making shining > to udner the circumstances in spi!
>  te of IC
> ANN and the secretaries. We found > doors that are struck with the foot
> down on the early hoursof the average way in the morning > around the world
> to the victims. A small example: The Netherlands, Rumania > the etc, but
> this one is only the extremity of iceberg. > > Some countries sadly try and
> improve their image without the resolution > true editings that the rest of
> the world affects. This is areality we > must validate and construct on. > >
> Nevertheless, the gold rule of the fraud of the Internet ofa perspective of
> the victim: > When the money is lost, is lost by always. > > Personally I
> believe that more money is robbed with fraud in > Internet, that done by
> secretaries and ICANN. Nobody knows the truth > fragment of him and costs. >
> &gt; &gt; ICANN, in any case, must take care of more on fraud delInternet
> and to be more &gt; cooperative - but referring these (very valid and
> important) &gt; complaints to the appropriate agencies of the applicationof
> law depending on &g!
>
>  t; the countries possibly implied. It could act as clearing house of the
> information that one &gt; could be very useful. > > Agreed. Equal for the
> secretaries. Some could be inside fora massive surprise > although. > &gt;
> &gt; finally - on "the general opinion of the user of the Internet ofICANN":
> &gt; &gt; "the general opinion of the user of the Internet of ICANN"is
> not-existing - the users &gt; does not know that ICANN exists. > > the
> people who know on ICANN and try and use the systems. Hágale > thinks that
> Brenda that indicated safe-wayonline.com originally will give > ICANN
> another occasion? Of her perspective she lost her time &gt; &gt; if you
> refer to "active users" and groups of user, nevertheless, the opinion &gt;
> is then much different according to the part from the world. For example,
> &gt; in Europe ICANN is perceived generally as additional instrument to &gt;
> the United States controls on the Internet, for example clearing of &gt;
> Internet the isolation that isg!
>
>  uaranteed to the ciudadanoseuropeos by his &gt; national laws.!
>  And it
> isnot upset please on this - defense is not &gt;, is right a cause that
> derives from cultural differences &gt; &gt; Ciao, > > Nevertheless, if the
> WDPRS information were taken seriouslyby "all the" secretaries and >
> processed by them, many of these editings can serevitados. > > Also requests
> the question; porqué if any specific secretary is satisfied > with the RAA
> and examines otrossecretarios the deception ofthe WHOIS if > no? > > Respect
> > > Derek > _______________________________________________ > > > > > [ [ -
> - Original text (in) >
> http://mm2.icann.org/transbot_archive/a97d392b69.html > --]] > > > >
>
>
>
>
> [[--Original text (es)
> http://mm2.icann.org/transbot_archive/9c186bea47.html
> --]]
>
>
>
>
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