1. Introduction to the PSWG
LEA Capacity Building Workshop | 26 January 2017

2. Agenda Overview of the PSWG
PSWG Activities related to Mitigation of DNS Abuse and Cybercrime
PSWG Activities related to Registration Directory Services
PSWG Activities related to Consumer Protection
Resources
PSWG Activity:
PSWG Terms of Reference:
Guide to ICANN for Law Enforcement:
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3. Overview of the PSWG
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4. PSWG Mandate
The focus of the PSWG will be on those aspects of ICANN’s policies and procedures that implicate the safety of the public. Objectives include (but are not limited to):
Assessing whether and seeking to ensure that the Domain Name System (DNS) and domain name registrations are not used to propagate, enhance, or further, unlawful activity, abuse, consumer fraud, deception, or malfeasance, and/or violations of law;
Supporting the ability of public safety organizations to investigate, prevent, attribute, and disrupt unlawful activity, abuse, consumer fraud, deception or malfeasance, and/or violations of national law that involve the DNS and domain name registrations;
Cooperating with ICANN’s advisory committees (including the RSSAC, SSAC), supporting organizations (including the GNSO, ASO, ccNSO), and community, to ensure multi-stakeholder support and cooperation, in advancing public safety policies, recommendations, and advice;
Participating in applicable ICANN working/study groups to promote a shared understanding of the potential effects such groups’ work and recommendations will have on public safety;
Continuously assessing whether ICANN has responsive and timely mechanisms to develop and enforce ICANN contractual obligations with gTLD registries and registrars, ( i.e., Registrar Accreditation Agreement, Registry Agreement); andAddressing work streams, policies, and studies that are brought forth at ICANN that affect public safety.
Source:

5. PSWG Membership May become PSWG Members:
All GAC representatives and observers
Representatives identified and nominated by GAC members
PSWG Members are generally representatives of:
national and/or provincial/state government
consumer protection, civil and criminal law enforcement, or other agencies responsible for the welfare and protection of its citizens
Current Membership (as of Dec. 2016)
98 representatives
27 countries and 7 international or regional organization represented

6. PSWG Activities related to Mitigation of DNS Abuse and Cybercrime
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7. Due Diligence Recommendations
Background
2009 Law Enforcement Due Diligence Recommendations
Endorsed by the GAC in its Brussels (25 June 2010), Singapore (23 June 2011) and Dakar (27 October 2011) Communiqués
Included in the 2013 Registration Accreditation Agreement (RAA)
Accurate and verifiable information about registrars
Collection and validation of data from registrants
Abuse contact information
Whois Service lLevel Agreements
Implemention by ICANN
Contractual compliance function
New gTLD Program Application Process
The PSWG has been tracking and following up on the implementation of these recommendations, most recently in the GAC Hyderabad Communiqué (8 Nov. 2016)

8. Security Framework for Registries
The GAC Issued its New gTLDs Safeguards Advice in the Beijing Communiqué (April 2013) including mandatory security checks for all new gTLDs
In response, in a June 2013 Resolution, the ICANN Board:
Added a provision in the Registry Agreement (RA) mandating the identification of Security Threats by Registries “domains […] used to perpetrate security threats, such as: pharming, phishing, malware and botnets”
Called for the development of a Framework for Registries to respond to Security Threats Drafting Team formed in August 2015, drafting initiated in Dec. 2015
PSWG Involvement
Participated in the Drafting Team created in August 2015
Navigated the challenge with Registries to agree on substantive voluntary measures and standards
Proposed the latest revised draft

9. New gTLDs and Child Protection
Background
1 in 3 of all internet users are legal minors (1 in 2 in parts of the developing world)
Children have universally recognize rights (UN Convention on the Rights of the Child, in particular Art. 34 ”States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse […]”)
Reports from the Internet Watch Foundation (IWF) have identified distribution of Child Pornography in New gTLDs
PSWG Involvement
Ensure that any assessment criteria used for determining the outcome of any decision-making processes in respect of new gTLDs are fit for purpose in respect of minors’ interests
Ensure appropriate and detailed provisions are written into the next New gTLD Applicant Guidebook, Registry Agreement
Prevent the registration of names which on the face of it suggest that child pornography is likely to be available at that address
Support improvements designed to achieve WHOIS accuracy with a view to reducing the scope for domains to be used to distribute child abuse images

10. PSWG Activities related to Registration Directory Services
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11. WHOIS/Registration Directory Services
Background
Domain Registration Data is served through the WHOIS service offered by Registries and Registrars, which have evolved from the simple and outdated Port 43 WHOIS protocol (RFC 812, 954, 3912)
With the development of the Internet and domain names, WHOIS has found itself at the core of key issues of accountability and privacy on the Internet which have yet to find a resolution
In 2012 ICANN resolved to redefine the purpose of collecting, maintaining and providing access to registration data, and consider safeguards for protecting data.
An Expert Working Group (EWG) was then formed and in its Final Report (2014) proposed a paradigm shift to replace Whois with a Next Generation Registration Directory Service (RDS)
In November 2015, the RDS Policy Development Process was Launched to explore the need and policy requirement of such a next generation Whois Service.
GAC and PSWG Involvement
The GAC issued Principles Regarding gTLD Whois Services (28 March 2007)
Two PSWG representatives are members of the Policy Development Working Group
Status: The working group developed preparatory documents for its deliberations, including: a Problem Statement, a set of Example Uses Cases, and a Draft Statement of Purpose for Registration Data and Directory Services

12. RDS Review Team Background
Review mandated by the new ICANN Bylaws (Article 4.6) to review enforcement of ICANN policies relevant to RDS and explore structural changes to improve accuracy and access to gTLD registration data
Following 1st Whois Review Team (Final Report was published in May 2012 which led to the formation of the EWG and initiation of the subsequent RDS PDP)
GAC and PWSG Involvement
The GAC Chair nominates 3 members of the Review Team
3 Members of the PSWG have applied to be part of the Review Team and are expected to be selected and appointed
The Review Team will assess the effectiveness of the current gTLD registry directory service and whether its implementation meets the legitimate needs of law enforcement, promoting consumer trust and safeguarding registrant data
It is expected to conduct its work over the course of 2017 and possibly beyond.

13. Privacy Proxy Services Policy Implementation
Background
As a follow-up to the 2013 RRA negotiations, the GNSO conducted a Policy Development Process on the issue of accreditation of Privacy and Proxy Services Providers (Oct – Jan 2016)
The GAC Helsinki Communiqué (June 2016) advised the ICANN Board on public policy concerns that should be addressed as part of implementation, in particular:
Confidentiality of law enforcement and consumer protection requests
Need for consideration of cross-border issues
Access of Privacy/Proxy Services to domains engaged in collection of money
In August 2016, the ICANN Board adopted the policy recommendations
In October 2016, an Implementation Review Team (IRT) was formed to assist ICANN in its implementation effort, several GAC and PSWG members joined as volunteers
PSWG Involvement
GAC and PSWG representative are involved in advising ICANN through the IRT
Representatives from the UK, US, Interpol, Europol and OAS are currently drafting a proposal for a Law Enforcement Disclosure Framework for Registrars’ handling of confidential request for the revealing of registrant data

14. PSWG Activities related Consumer Protection
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15. Consumer Trust & Consumer Choice Review
Background
Part of regular reviews at ICANN, formerly part of the Affirmation of Commitments now included in the new ICANN Bylaws (Article 4.6)
Review Team formed in January 2016
To determine the extent to which the introduction of new gTLDs has promoted competition, consumer choice and consumer trust in the DNS.
To assess the effectiveness of (a) the application and evaluation processes, and (b) safeguards put in place to mitigate issues
Update and Next Steps
CCT Review Team release a blog post on interim findings and next steps
Draft Report to be released in December 2016
More information on the Review Team’s wiki page