Re: [gnso-acc-sgb] Reaction to Bertrand de la Chapelle

[Avri Doria <avri@xxxxxxx>]

Hi,

Has this been written up as one of the proposals?

Since I think we all, at least, accept that LEA must be allowed to  
have access, a proposal that envisions a form of law enforcement  
providing the information non governmental investigators need under  
legal control seems like it would be a compromise position;

- control would remaan with government law enforcement agencies
- private investigators would have the rapid access allowed to them  
by their national laws.
- it would eliminate the temptation of private agencies to use the  
information they were allowed to access for purpose that went beyond  
what the law mandated.

thanks

a.

On 14 maj 2007, at 15.28, Natris, Wout de wrote:

> On access for private parties.
> Law enforcement has everything to do with priorities, agreed.  
> Priorities are perceived when the problem is seen as something that  
> needs to be solved. Cyber crime is a problem which is drawing more  
> and more attention over the past two years. The possible damages to  
> the economy, to people and organisations are being recognized. "It  
> is a cross border problem that can not be solved", is often heard.  
> This is partly a miss-conception: in the end the solution is on  
> someone's doorstep. E.g., the servers are on that location, the  
> spammer lives there, his bank account is there, his hired help is  
> active there, etc.
> Law enforcement, it being penal, civil or administrative, must be  
> willing to accept complaints and rise up to the challenge to follow  
> them up. They need the laws to back them up, of course. In the  
> Netherlands more and more organisations are being brought together  
> to work together on this problem. This takes a lot of coordination  
> and effort by all involved. One ministry (Economic Affairs) has  
> taken the lead in this over here, as OPTA has for enforcers.  
> Successes in coordination as well as in enforcement can be had,  
> even with a small, but dedicated team and fairly little resources  
> as we have proven. A few examples:
> - Dutch language spam is all but extinct;
> - sms spam fraud is past history in the Netherlands;
> - spyware spreaders are the next target;
> - warnings and fines have their effect;
> - cases and information are exchanged cross border;
> - notice and take down procedure in place for phishing sites;
> - OPTA has several cooperation protocols in place with fellow  
> enforcers. E.g. police, privacy, competition, EU spam enforcers;
> - OPTA digital compliance officers assist police in cyber crime  
> related raids.
>
> If this is in place private organisations and persons know where to  
> go with a complaint, know that it is dealt with and do not need  
> access themselves to the Whois databases.
>
> It is for reasons of internet and privacy safety that law  
> enforcement agencies like OPTA need access to Whois data. Of course  
> in compliance with privacy laws and rules. The ways in which this  
> should technically and administratively be achieved is not up to OPTA.
>
> This is in a nutshell what is going on over here. Hope it helps you  
> to gain some insight in our need for access.  Regards,
>
> Wout de Natris
>
>
>
>
>
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