[dow1tf] Amendment to Preliminary Report #2

["Milton Mueller" <mueller@xxxxxxx>]

Here is another amendment. I think it states something we
have all agreed on, but I was surprised not to find a
statement of it in the prelim report. 

We have already determined that if access to port 43 is to be 
restricted, it will be restricted to all users regardless of their purpose. 
There is no practical way to filter access to port 43 based on 
purpose of use. I don't think it is possible to contradict this. 

This is a fundamentally important finding. Why? Because it runs 
counter to one of the assumptions that was made when the 
TF's description of work was drafted. We have been forced to 
dispose of the idea that TF 1 can somehow adopt contractual
measures that restrict port 43 access for marketing purposes. 
Instead, we are forced to come up with access restrictions that 
affect ALL users and ALL purposes in order to prevent abusive data mining. 

I propose that the TF 1 report explicitly acknowledge this fact in its report. I propose the following language, to be inserted as item
3 under Section D, "Purpose." 

"Based on input from the community, TF 1 has come to the conclusion 
that it is not feasible to create technical restrictions that will
limit port 43 access to a specific type of purpose; e.g., "nonmarketing
uses."  We have concluded that any access restrictions imposed 
by TF1 will apply to any whois user, regardless of their purpose.  
In order to prevent abusive data mining by some, we are required 
to develop access restrictions that affect all users and all purposes."