RE: [council] PDP-Feb06 - Terms of reference no. 5

["Marilyn Cade" <marilynscade@xxxxxxxxxxx>]

I have a question, based on a discussion with a BC member.

I don't think that "privacy rights" quite fully captures the topic. 

For instance, one issue is the use of data of private persons -- e.g.
identifiable information. Here, there may be a need for a limitation against
use of such data to create new products which are not related to the
operation of a registry. Another issue is information that is about "uses"
by any single entity, or even an aggregate of users, as a category of users,
and how such data should be used, internally and externally.

For example, a "thick" registry could develop a list of registered
businesses by category based on information from the WHOIS, validate that
the web sites are live and what kinds of businesses they are, and sell a
marketing list to other third parties. That would clearly not be a product
or service related to the operation of the registry. I'm not sure that would
be called a "privacy" right, but it would fall into the areas to be
explored, as an example.

Item 1a references "privacy rights" as though the incumbent registry may
have "privacy rights". 

Is the question whether the incumbent has any proprietary rights, and if so,
what they are? And whether those rights must be shared in a non
discriminatory and cost based manner?

Marilyn Cade

-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of Bruce Tonkin
Sent: Thursday, February 16, 2006 11:43 PM
To: council@xxxxxxxxxxxxxx
Subject: [council] PDP-Feb06 - Terms of reference no. 5

Hello All,

As discussed on the call today, here is a suggested revision of item 5
of the terms of reference:


5. Uses of "registry data" 

"Registry data" is available to the registry as a consequence of registry
operation.   Examples of registry data could include information on
domain name registrants, information in domain name records, and traffic
data associated with providing the DNS resolution services associated
with the registry.

5a. Examine the differences in registry data available to "thin" and
"thick" registries and which privacy rights exist in such registry data.

5b. Examine how the use of registry data can enhance services to
registry clients BY THE REGISTRY, OR BY OTHER THIRD PARTIES

5c. Determine whether any allowances should be made for
non-discriminatory access BY THIRD PARTIES to registry data.

5d. Determine whether the uses of registry data should be restricted.

Regards,
Bruce Tonkin