[gnso-acc-sgb] RCMP summary of procedures

["Milton Mueller" <mueller@xxxxxxx>]

Thanks, Carole for this valuable summary. I found it informative. 
Two questions for you. 

1. 
>>> "Carole Bird" <Carole.Bird@xxxxxxxxxxxxxx> 05/18/07 6:19 PM >I think
we should let each country's government decide who 
>they want to have access to the data and determine how to
>balance the need to access the information by LEA with their 
>respective privacy legislation.   

I fundamentally agree in principle. But ICANN's decisions have global
effect for domain name registrants within gTLDs. 
Does this mean that ICANN should adopt the most restrictive,
common-denominator approach and then allow national govts to pass laws
or establish procedures to require registrars or OPoCs in their
territory to open up access more if they deem it necessary? This seems a
pretty good approach to me, but many details would need to be worked
out.

2. 
>As it pertains to information sharing on an active 
>investigation, we will ask the entity when they come to 
>us with a complaint to provide to us all of the information 
>they have as it pertains to an offence 

This sounds like you are talking about prosecution after the fact. What
about the need for rapid takedown? It is my belief that once you have
verified that a site is engaged in illegal activities that pose serious
social risks (DDoS, phishing, etc.) that the priority is to stop
theactivit first, and ascertain identity later. How do you cooperate
with private parties in seeking these takedowns? 



Dr. Milton Mueller
Syracuse University School of Information Studies
http://www.digital-convergence.org
http://www.internetgovernance.org