[At-Large] Privacy and domain abuse vs the IP constituency

Franck Martin franck.martin at gmail.com
Sun May 8 23:54:33 UTC 2011

----- Original Message -----
> From: "Patrick Vande Walle" <patrick at vande-walle.eu>
> To: "At-Large Worldwide" <at-large at atlarge-lists.icann.org>
> Sent: Monday, 9 May, 2011 12:42:22 AM
> Subject: Re: [At-Large] Privacy and domain abuse vs the IP constituency
> On 08 May 2011, at 01:34, Derek Smythe wrote:
> > 
> > Why do we expect domains to be different? Virtual maybe, but not
> > the
> > potential for harm through deception.
> > 
> > Domains are only part and parcel of the bigger issue at hand, but
> > vital in some instances.
> > 
> > Let's rather ask why domains should be exempt from normal real
> > world
> > issues?
> Indeed. Domain names are no different from any other means used to
> deceive, extort or steal other people.
> The Internet is no different from the rest of the society. Hence,
> crime on the Internet should be handled by the same actors as the
> rest of crimes.
> Surely, private investigators can report suspected criminal
> activities to LEA, and obviously, registrars, registries, ISPs
>  should honour requests originating form legitimate law enforcement
> entities.
Yes, but for private investigators to be able to do their jobs they need some public information. It requires the whois to give enough info to know it is the same entity, while guarding the privacy of the individual.

What do you propose?

> Now, the fact that LEAs may not be efficient in fighting crime,
> especially in an international context, is no reason to build a
> parallel enforcement system run entirely by the private sector with
> no accountability to the rest of the society.
> Surely, LEAs could do better. But we should help them by providing
> the information we have, rather than trying to judge and punish
> ourself.

LEA do not work alone, someone has to report the crime, LEA need the public help very often to know what is happening. This is a societal issue which is not linked specifically to the Internet.
I don't want to open a debate, but should we have a policeman at every street corner, or should we have responsible citizens who tell kids to behave and sometimes slaps them to put them back at their place ? ref: http://www.lesechos.fr/economie-politique/france/actu/0201324616036.htm

So yes I'm not for a parallel enforcement system outside of governments, but at the same time, can't we handle some of the minor issues ourselves?

To have worked with the whois technically, technically it is a mess, this is one area ICANN could work on, without trying to mix a technical problem (info is queried and displayed in a similar manner) with a political problem (what info to display).

The problem of domain abuse to be handled by the registrar only. I strongly disagree. How do you get to the extent of the issue? Each registrar has a different way to report domain abuse...

ICANN should be the one stop shop, you report to ICANN, they collect statistics and pass the report to the registry (for them to learn more about their registrars) and to the registrar for it to handle.

ICANN is only doing the Ostrich policy with its head in the sand trying to ignore the extent of the problem?

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