[Privsec] WHOIS: Registry Constituency supports WHOIS privacy

[karen banks]

for those interested

karen

>Date: Sun, 21 Aug 2005 11:36:57 EDT
>Reply-To: KathrynKL at AOL.COM
>From: KathrynKL at AOL.COM
>Subject: [NCUC-DISCUSS] Registry Constituency supports WHOIS privacy
>To: NCUC-DISCUSS at LISTSERV.SYR.EDU
>
>All:
>I thought you might want to see something heartening.  As the WHOIS Task 
>Force moves forward to offer the Council suggestions on a modern "purpose" 
>for the WHOIS data and database, the Registry Constituency has submitted a 
>strong pro-privacy statement supporting the withdrawal of personal data 
>from the public WHOIS database.  It cites the Article 29 Working Group -- 
>EU Data Protection Commissioners -- and their comments to ICANN and the 
>Task Force.
>
>This statement full supports what Milton and I have argued for in the Task 
>Force.  I think you will enjoy it.
>
>Regards, Kathy
>********************************************************************************************
>The GTLD Registry Constituency (RyC) Statement on WHOIS COMBINED TASK 
>FORCE Terms of Reference Tasks 1
>
>This statement responds to the request for constituency input on the WHOIS 
>COMBINED TASK FORCE Terms of Reference (2 June 2005) Tasks 1 (Purpose of 
>WHOIS)
>.
>Pursuant to requirements of the GSNO policy development process, the RyC 
>has concluded:
>
>I. Constituency Position
>
>A. Task 1 - Purpose of WHOIS
>
>The WHOIS function had one original purpose, clearly articulated by the 
>European Commission Data Protection Working Party  - "to give people who 
>operate networks a way of contacting the person technically responsible 
>for another network, another domain, when there was a problem."  This 
>purpose is a direct result of the nature of the Internet at the time when 
>the function was originated, namely a limited interconnection of research, 
>university and government networks. The visionary founders of the Internet 
>never conceived of the Internet as the global means of mass 
>telecommunications that it has now become
>
>The WHOIS function now has additional purposes that have arisen from the 
>change of character of the Internet. Its explosive growth has 
>unfortunately attracted a minority of users who do not share the 
>high-minded idealism of the Internet's founders. The spammers, 
>cybersquatters, phishers and other abusers of the functions of the 
>Internet, together with users whose intent is criminal (terrorists, et al) 
>have made it necessary to recognize that the WHOIS function has purposes 
>beyond its original purpose. However, recognition of this need does not 
>imply that the function must make all personal data public. There is no 
>justification at this time for a WHOIS function that makes available to 
>the entire world the personal data of millions of domain name registrants.
>
>There are adequate techniques, such as tiered access, that can make WHOIS 
>data available to law enforcement agencies and others that need the data.
>
>The EC Working Party Opinion cited above recognizes the expansion of 
>purposes and at the same time strongly supports the concept that not all 
>data should be made public:
>
>        "
it is essential to limit the amount of personal data to be 
> collected and processed."
>         "The registration of domain names by individuals raises different 
> legal considerations than that of companies or other legal persons 
> registering domain names."
>        "In the light of the proportionality principle, it is necessary to 
> look for less intrusive methods that would still serve the purpose of the 
> Whois directories without having all data directly available on-line to 
> everybody."
>        "The Working Party encourages ICANN and the Whois community to 
> look at privacy enhancing ways to run the Whois directories in a way that 
> serves its original purpose whilst protecting the rights of individuals. 
> It should in any case be possible for individuals to register domain 
> names without their personal details appearing on a publicly available 
> register."  [emphasis in original]
>
>It is entirely disingenuous to argue that personal data must be made 
>publicly available because ICANN requires that domain name registrants 
>consent or acknowledge that their data will be publicized. The point of 
>this Task Force's proceeding (and the proceeding of its predecessors) has 
>always been to determine how the WHOIS function should be structured, not 
>to defend its legality or illegality as presently structured.
>
>End of Registry Task 1 Statement