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Re: Comments on <draft-cooper-privacy-policy-01.txt>

2010-07-15 11:43:53


--On Wednesday, July 14, 2010 15:55 -0700 Dave CROCKER
<dcrocker(_at_)bbiw(_dot_)net> wrote:

...
If no one had suggested either that someone might be capturing
private data or tracking the contents of IETF network traffic
for either evil purposes or unauthorized/ undocumented
research on human subjects, we presumably wouldn't be having
this discussion, relevant or not.

Between your use of the "or" and the "presumably", your
response does not seem a very definitive.

The fact of the matter is that a privacy policy draft was put
forward.

Whatever prompted it, it's not that remarkable to have such an
effort.  Stray assurances that there's never been a problem so
far might or might not be valid.   That doesn't really matter.
What matters is that privacy is a serious topic that should be
taken seriously.
...

Dave,

In principle, I'm in favor of having a published privacy policy.
If you recall, I said so at the very beginning of this thread.
I am concerned about processes for getting from "here" to
"there".  Those concerns include:

        (1) Being sure that whatever is written actually
        reflects IETF consensus, IETF assumptions about
        participation and contributions being open and
        attributable except in very special cases.  I am
        concerned that we not end up with some collection of
        boilerplate or platitudes drawn from other sources that
        doesn't really reflect our needs or situation.
        
        (2) Recognizing that, despite the desirability of a
        written policy, the IETF often does better when we rely
        on oral tradition, trusting that people we have trusted
        with leadership roles are responsible and will make good
        decisions if required to think about them rather than
        trying to blindly interpret poorly-written rules, and so
        on.  Part of that recognition is that, when we have
        tried to reduce practices to rules that can be applied
        mechanically, we have regularly done a very poor job of
        it, ending up with nasty edge cases, undesired side
        effects, etc.   I believe you have made essentially that
        point even more often over the years than I have
        although we tend to couch it differently.  The concerns
        of Paul Hoffman and others that such a statement might
        make promises that cannot be kept and/or might cost us
        time or money long-term, are very much part of this
        concern, at least from my point of view.
        
        (3) Wondering whether the amount of energy required to
        get to a satisfactory policy document is worth it
        relative to other things the community could be doing
        with its collective time and energy.  But differently, I
        wonder whether the probably-inevitable extended debate
        on this subject is blocking or impeding critical-path
        pre-IETF work for those who are actually trying to get
        such work done.
        
        (4) Wondering whether there is any justification for the
        sense of urgency that some seem to associate with this
        work.  We have a long history of not doing well when we
        put "get it done fast" ahead of "get it done at least
        reasonably well" in our priorities, especially where
        policy matters and documents that will be read carefully
        by people outside the community are concerned.  Again, I
        think that, over the years, you have made that point at
        least as often as I have.  If it is not urgent, then I
        wonder if this topic would not be better discussed
        during the usual lull in, say, mid-August through late
        September rather than in the three weeks prior to IETF
        78.
                
        (5) Wanting to be sure that this particular issue
        doesn't become a context in which the IAOC makes policy
        and essentially dictates it to the community via short
        notice, lack of documentation of IAOC thinking, and/or a
        "you can advise us if you like but we will decide
        according to our best judgment" model.  If this is going
        to be an IETF Policy, then decisions about it ought to
        be made according to our usual mechanisms for
        determining such policies.  Despite seeing the current
        mechanisms as somewhat problematic, the ones we have
        clearly require an IESG determination of community
        consensus, not an IAOC vote.  I think that process
        should necessarily (i) start with the IESG determining
        that there is community consensus for _having_ a written
        policy or at least that they are willing to seriously
        entertain such a proposal, followed by (ii) a proposal
        for how that policy should be evaluated (such proposals
        are normally called "BOFs" or "proposed WG charters",
        but I favor letting the IESG be creative if they
        conclude that is appropriate)), (iii) followed by a
        community discussion using that evaluation framework,
        followed by (iv) the usual Last Call mechanism.  I note
        that we aren't at "step (i)" yet.   I hope it is clear,
        but I think that necessarily is "principles first,
        policy document second", not, e.g., "IAOC creates policy
        rules and posts them and then lets the community develop
        corresponding principles".   I think you have made
        essentially the latter comment as well.

IMO, those are the types of issues we should be discussing and
that several people on the list have been discussing.
Hyperbole, wild extrapolations, assumptions that network
research (even if it were occurring) was actually research on
human subjects, unfounded accusations about bad behavior or
hidden conspiracies, etc., don't further that discussion.
Instead, they tend to block it and take us off into the weeds.  


The assumption that simply posting a notice constitutes
sufficient "permission" to disclose data is one more example
of the challenges we face in producing reasonable policies and
following them.

And, fwiw, I agree with that as a principle.  Whether a
demonstration from many years ago could or would be taken as a
justifying precedent today, even if it constituted a
counterexample from the "never, never, happened" statements that
I don't remember anyone making, is another matter.  It is also
relevant that what was disclosed, if I recall, were passwords.
Not password-user pairs or anything else that would constitute
what is normally considered personally identifiable information.
So it is not even clear that a "privacy policy" has much to do
with it-- further confirming your observation that we face
challenges in doing this and some of my concerns above.

  best,
     john


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