Council,
In preparation for the discussion and possible vote on WHOIS purpose please
find attached a
proposed compromise definition.
The background to this compromise is as follows:
- It is not intended to be a new formulation 2 but a new approach and thus an
amendment to
the proposed vote.
- The new wording seeks to accommodate numerous concerns expressed at the last Council
meeting and in the recent WG paper:
1. it speaks not of the purpose of "WHOIS" but the purpose for which the "data
is
collected". This reflects the concerns rightly raised by the non-commercial
constituency in
that previous definitions were not compliant with data protection laws such as
the EU data
protection directive. The intent here is that the scope should be no wider than
the scope of
such laws.
2. The new wording removes the overly wide phrase "or other uses" phrase in a
previous
definition. In this way it stays compliant also with data protection laws in
that purpose
has to be explicit.
3. The definition is silent on questions of subsequent access to data or data
publication.
This issue was raised by the Registrars in that the purpose of WHOIS was being
defined in
the context of the current manifestation of WHOIS with its current open access
and
publication. This definition is intended not to make ANY assumption about access.
4. In the same way this definition is not intended to override any subsequent
debate on
privacy.
I hope that by addressing the concerns above, we can get the full support of
Council to a
definition describing the purposes of data collection and one that is not blind
to the use
that such data is being put today in pursuit of consumer protection and
measures to prevent
crime. To pursue a vote that would divide Council between the previous
formulations 1 and 2
would not move us forward. I hope this third way ( excuse me sounding like UK
prime minister
Tony Blair!) will be a positive way forward for Council and one that will also
get the full
support of the GAC.
Philip