law enforcers and icann

[Alex Gakuru]

On Thu, Jun 24, 2010 at 1:13 PM, Wendy Seltzer <wendy at seltzer.com> wrote:

> Thanks Carlos,
> We should include you in drafting public comments on the RAA report which
> attached the law enforcement recommendations.
>

I second Carlos inclusion on the drafters team.


> I think at least some of the law enforcement representatives are concerned
> about balance, and perhaps we can acknowledge their concerns while
> recommending safeguards and due process requirements to oppose many of their
> specific recommendations.


Absolutely! On our comments, please call for privacy law enforcement
representatives also?

kindly,

Alex


>
> Best,
> --Wendy
>
>
> On 06/24/2010 06:06 AM, Carlos A. Afonso wrote:
>
>> I have just read the transcript of the panel "Law Enforcement
>> Amendments to the RAA ", held on 21 June, 2010 during the Brussels ICANN
>> meeting. The panel was chaired by ALAC's Cheryl Langdon-Orr. Everyone
>> seemed to be sort of happy of sharing a discussion room full of police :)
>>
>> I do not understand the role law enforcers are supposed to play in
>> defining ICANN policies.
>>
>> Law enforcers such as the FBI, Interpol etc work on a very simple
>> paradigm: they follow orders, and the more information they get, the
>> better to fulfill the orders they ought to follow. So they will always
>> defend the idea that all private data should be recorded and made
>> available to them whenever they deem necessary. It simply makes their
>> job easier, and this is enough for them, and is all we will hear from
>> them, whatever the nice dressing of their discourses.
>>
>> However, ICANN should be looking for appropriate policies which abide by
>> internationally recognized human rights principles. This is the realm of
>> legislators, policy-makers, regulators -- not law enforcers -- and these
>> are the organizations ICANN should be talking to in deciding policies
>> regarding balancing privacy rights with security.
>>
>> If decisions regarding the users' / consumers' rights to privacy are
>> going to be taken on the advice of the police, I do not think we will
>> arrive at a good end of this story.
>>
>> --c.a.
>>
>>
>>
>
> --
> Wendy Seltzer -- wendy at seltzer.org
> Fellow, Silicon Flatirons Center at University of Colorado Law School
> Fellow, Berkman Center for Internet & Society at Harvard University
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
> https://www.torproject.org/
>
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