Dear all,

I hope it’s not inappropriate for me to step into this discussion, but I would 
like to respond to a few of the points that have been raised so far. For 
brevity I will incorporate my responses to the various emails into a single 
email.

The main point people are making:
———————————————————————

There are several objections to the document scope (by Stephen Farrell, Brian E 
Carpenter and Ted Lemon - quotations are not necessary, I trust). 

In response I only point out that the intarea working group has already adopted 
a document making recommendations that logging of source port should be done 
(RFC6302/BCP162). The point I’m making in this document is that:

1. source port logging is not routine, despite publication of RFC6302 in 2011 - 
in other words the document has not had the hoped for impact
2. what are the reasons for this
3. what additional recommendations can be made to move this along

Therefore I’m a little surprised by this response to a relatively minor 
movement in an already published intarea position. 

However, if people are irreconcilably opposed to the scope of the current 
document, then I propose as follows:

a. Reject the call for adoption by the working group and move the document back 
to the independent submission stream. I believe the conflict review comments 
have already been adequately addressed in draft -04 and publication will 
hopefully be possible there.
b. Begin a discussion here (or in whatever forum might be more appropriate) on 
what would be an appropriate scope for a separate document to consider the 
broader issues that are being raised by the various commenters and see what 
sort of consensus can be reached. I offer to contribute my opinion to that 
discussion. 

Other additional points:
———————————————

From Stephen Farrell:

> I do support consideration of how law enforcement investigations can be 
> carried out, but not without a similar level of consideration of the real 
> trade-offs between assisting law enforcement and commercial or other 
> surveillance. At present, the draft is nowhere near sufficient in this 
> respect. (Despite saying that "Clearly a balance needs to be struck between 
> individual right to privacy and law enforcement access to data during 
> criminal investigations" the draft is anything but balanced in that respect.)

The document is not supposed to be an analysis of the privacy implications of 
law enforcement access to data in general and, by the way, nobody is talking 
about “assisting law enforcement and commercial or other surveillance” - that’s 
a straw man. I do address in section 9 the privacy implications of the specific 
proposal (source port logging) as a solution to a specific problem (carrier 
grade NAT and similar technologies) - a proposal that has already been accepted 
by the intarea group in RFC6302/BCP162. 

However, I agree with you that a broader discussion within the IETF of the 
balance between privacy and the societal need for law enforcement access to 
data is certainly required. From what I can see in my research so far, the 
philosophy within the IETF appears to heavily favour privacy over other issues 
(such as societal rights or rights of victims of crime - represented in this 
case by law enforcement access to data). I cite as just two examples of this 
(and believe me I can provide many more):

- RFC4941 (Privacy extensions for stateless address auto configuration in IPv6) 
- “by design” obfuscation of the source of network traffic with no 
consideration of the crime attribution implications
- RFC6742 (Default address selection for Internet Protocol version 6 (IPv6)) - 
recommending selection of temporary addresses generated using RFC4941 over 
other options

I think a discussion of the broader issue requires robust and vocal 
representation of both sides and I am willing to adopt for the purposes of such 
a discussion the, apparently unpopular, position that while the right to 
privacy is very important it is not the only right and a more nuanced 
consideration of the situation might be worthwhile.

From Brian E Carpenter:

> I do have another comment about adoption. This is an IPv4 technology. Do we 
> really want to spent IETF cycles on it? I'd prefer that we adopt 
> https://tools.ietf.org/html/draft-george-ipv6-support-03 .

I agree with you that this is an IPv4 problem. I mention in the document (last 
paragraph of section 1) that migration to IPv6 would make this problem go away 
but also I would like to emphasise that this is a real problem being faced 
right now and it is something that can’t be put off until IPv6 migration is 
complete. Whether or not the IETF is the correct forum is not for me to say - 
all I’m trying to do is make sure that at least the conversation takes place.

Regards,
daveor

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