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Objective

Consistent with ICANN’s mission and Bylaws, Section 4.6(e)(ii), the review team will assess the extent to which the implementation of today’s WHOIS (the current gTLD RDS) meets legitimate needs of law enforcement for swiftly accessible, accurate and complete data by (a) establishing a working definition of “law enforcement” used in this review, (b) identifying an approach used to determine the extent to which these law enforcement needs are met by today’s WHOIS policies and procedures, (c) identifying high-priority gaps (if any) in meeting those needs, and (d) recommending specific measureable steps (if any) the team believes are important to fill gaps. Note that determining which law enforcement requests are in fact valid will not be addressed by this review.

Background Documents

WHOIS Review Team (WHOIS1) Final Report (2012), Chapter 6 and Appendix E: The WHOIS Review team’s Law Enforcement Survey
ICANN61 GAC PSWG - OCTO Update
WHOIS Misuse Study Final Report, especially Section 4 Law Enforcement & Researchers Survey
Additional links specific to Subgroup 3 may be added here

Further background documents may be found on the Review Team's overall Background Materials page.

Leader/Rapporteur: Thomas Walden

Members: Cathrin Bauer-Bulst, Chris Disspain, Thomas Walden, Lili Sun, Stephanie Perrin

Mailing-list archives: http://mm.icann.org/pipermail/rds-whois2-lawenforcement/

Conference calls

Review Team Templates: see here

Subgroup Documents

Date	Document (Versions in Red are latest)	File
Subgroup Report
06 Apr 2018	v1	DOCX
Law Enforcement Survey Questions
23 May 2018	v4	DOCX
30 Apr 2018	v3	DOCX
29 Apr 2018	v2	DOCX
23 Feb 2018	v1	DOCX
Face-to-Face Mtg #2 Slides - Findings
12 Apr 2018	v2	PPTX
09 Apr 2018	v1	PPTX
Planning Questions
26 Feb 2018	v1	PPT
First Pass Document
19 Jan 2018	v3	DOCX
17 Jan 2018	v2	DOCX
06 Dec 2017	v1	DOCX

Open Actions/Requests

*To be provided once reasonable date is determined by appropriate subject-matter expert

Item #	Source of Request	Date of Request	Action Item Request	Action Owner
18	#3	11 Jul 2018	Subgroup members to react to updated survey text by Friday COB, sending any comments to the subgroup mailing list ICANN Org to verify that invitees using personal not agency addresses is not a problem	ICANN org
17	#3	11 Jul 2018	Subgroup members to react to updated survey text by Friday COB, sending any comments to the subgroup mailing list	Subgroup members
16	#3	11 Jul 2018	- ICANN Org to update survey text and share with the subgroup by 12 July, reflecting the following edits: Fix typo in all questions involving a range so that the first option refers to less than instead of greater than (for example Q4, <10 should be first option) In survey invitation, ask invitees to participate if you now or have ever used WHOIS in performance of your duties... Insert explanation prior to question 3 stating that the next several questions ask about your usage of WHOIS prior to May 2018 Add to the end of the survey: Ask if their usage of WHOIS has changed since May 2018 - if so, repeat questions 4,5,6,10,11,12 for WHOIS usage since May 2018, plus a general question allowing comment on recent changes to WHOIS In questions 10-12, refer to WHOIS prior to May 2018, and then when those questions are repeated refer to current WHOIS (after May 2018)	ICANN org
15	#33	09 Jul 2018	Schedule a subgroup call as soon as possible to finalize and launch survey.	Subgroup
13	#27	14 May 2018	ICANN org to provide an example of survey output to the subgroup to inform methodology related discussions.	ICANN org

Completed Actions/Requests

*To be provided once reasonable date is determined by appropriate subject-matter expert

Item #	Source of Request	Date of Request	Action Item Request	Action Owner	Anticipated Completion Date*	Progress Notes	Completed Response	Completion Date
12	#27	14 May 2018	ICANN org to investigate on transparency requirements pertaining to surveys, as subgroups would like the survey link not to appear on review team public lists.	ICANN org			Email	01 Jun 2018
11	#27	14 May 2018	Cathrin to update the draft survey based on input received and to share with subgroup.	Cathrin			Email	23 May 2018
14	#28	21 May 2018	ICANN org to reach out to Thomas to clarify law enforcement survey logistics and request status update	ICANN org			Email	22 May 2018
10	#2	26 Apr 2018	Staff to provide support for staging draft questions, as the subgroup may request	ICANN org			Email	02 May 2018
9	#2	26 Apr 2018	Cathrin to revise and circulate to the subgroup a draft list of questions	Cathrin			Email	29 Apr 2018
8	#26	18 Apr 2018	Cathrin to draft survey questions for subgroup to review the questions	Cathrin			Email	23 Feb 2018
6	#25	06 Apr 2018	Cathrin volunteered to substitute for Thomas for Face-to-Face Meeting #2 and provide assistance with subgroup draft report. ICANN org to provide a draft subgroup report to Cathrin.					16 Apr 2018
4	#18	05 Feb 2018	Flesh out potential questions for a law enforcement survey	Law Enforcement Subgroup			Email	23 Feb 2018
7	#26	18 Apr 2018	Stephanie and Lili to be added to Subgroup 3 - Law Enforcement	ICANN org	18 Apr 2018	18 Apr 2018
1	#1	23 Feb 2018	Reach out to Lili to see if she would like to join subgroup	Thomas		Cathrin completed action item	Email	22 Mar 2018
5	#22	05 Mar 2018	Finalize briefing questions for OCTO and questions to be covered during informal outreach to LE.	Subgroup		CLOSED - subgroup has deferred discussion with OCTO	Email	15 Mar 2018
2	#1	23 Feb 2018	ICANN Org to consider whether a briefing from OCTO on interaction with LEA and perhaps DAR would be helpful as input.	ICANN org		CLOSED - subgroup has deferred discussion with OCTO	Email	15 Mar 2018
3	#1	23 Feb 2018	Provide Thomas will first cut answer at next step question, for Thomas to refine and share with subgroup by mid-week	ICANN Org	28 Feb 2018			26 Feb 2018

Decisions Reached

Source	Date	Decision
#2	26 Apr 2018	On Law Enforcement Survey: 1) refine the WHOIS1 questionnaire to better address law enforcement respondents, 2) develop a refined list of questions to obtain feedback from the RT, 3) stage draft questions in a survey tool such as SurveyMonkey to test the survey, 4) run the same survey before and after GDPR changes to WHOIS
#1	23 Feb 2018	Has your subgroup identified any needed briefings/resources? How will the subgroup conduct its investigation? Outreach to LEA contacts to solicit input on needs Possible examples - GAC PSWG, APWG, SSAC members (John Levine) Need to structure outreach in a transparent and accessible way Start with informal outreach and then consider broader more formalized outreach How will subgroup review identified documentation? N/A

Source

Date

Decision

26 Apr 2018

On Law Enforcement Survey:

1) refine the WHOIS1 questionnaire to better address law enforcement respondents,

2) develop a refined list of questions to obtain feedback from the RT,

3) stage draft questions in a survey tool such as SurveyMonkey to test the survey,

4) run the same survey before and after GDPR changes to WHOIS

23 Feb 2018

Has your subgroup identified any needed briefings/resources? How will the subgroup conduct its investigation?

Outreach to LEA contacts to solicit input on needs
Possible examples - GAC PSWG, APWG, SSAC members (John Levine)
Need to structure outreach in a transparent and accessible way
Start with informal outreach and then consider broader more formalized outreach
How will subgroup review identified documentation? N/A

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