[whois-tf1-report-comments] Drafting mistakes in TF 1 Report

["Milton Mueller" <Mueller@xxxxxxx>]

These comments address only some mistakes made in finalizing the Whois Task 
Force 1 report. Mistakes were made in the rush to meet the deadline that should 
be corrected in the next stage. 

The report identifies two policy alternatives for providing access to sensitive 
data. One is a "White List;" which is described and discussed correctly. The 
other is described (incorrectly) as an "individual use list." (Please replace 
with "individual use process") 

The individual use process does not involve the creation of a "list," and 
therefore many of the questions asked about that option in the report are 
inapplicable and incorrect.  (See specific corrections, below)

The "individual use" option is not a "list" but a process. It involves a known 
user with a known purpose making a request for each individual domain name she 
wants to investigate (and notification of the data subject). 
This would give legitimate users with legitimate purposes access to the 
information they need without creating a centralized administrative entity and 
without violating privacy. Such a policy does not require a central authority 
to maintain a list taht discriminates against some users in favor of others. It 
does require that ICANN establish a set of procedures to be followed and a list 
of approved purposes for accessing sensitive data, as well as a way of 
enforcing sanctions against those who lie about their identity, uses or 
intentions. In that respect, the "individual use" option is far less 
restrictive than the White List concept. It does not
create a special class of users but gives everyone the same right to 
access sensitive data.

Thus, the following language needs to change in the report: 

On p. 11:

replace all references to "individual use list" with "individual use process."

On p. 12:

"* If there were a White List or Individual Use List, who would serve as the 
central authority ("Authority") that determines the eligibility for entities to 
be on these lists?"

--strike "or Individual Use List" 

"* Does this same Authority maintain the centralized white-list or Individual 
Use List database/system? 

--strike "or Individual Use List" 

"* What are the criteria that the Authority uses to determine who is eligible 
to be on either list? "

--replace "either" with "the White" (criteria for Individual Use is the ability 
to identify yourself and selection of an approved purpose) 

"* Is there a limit of the number of entities that can be on the White or 
Individual Use Lists?"

Since "individual use" is not a list, there is no limit on the number of 
entities. This question applies only to the WL option.

These changes should not be controversial, they are simply drafting mistakes 
made in the final stages of meeting the deadline and were not caught due to 
travel by some of the Task Force members. 

--Dr. Milton Mueller, TF 1 representative of the NCUC