law enforcers and icann

Carlos A. Afonso ca at CAFONSO.CA
Thu Jun 24 12:47:45 CEST 2010


I will be happy to try and help.

fraternal regards

--c.a.

On 06/24/2010 07:28 AM, Alex Gakuru wrote:
> 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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