[dow2] COMMENTS TO TASK FORCE 2

[Privacy Ukraine <privacy@xxxxxxxxxx>]

COMMENTS TO TASK FORCE 2:  REVIEW OF DATA COLLECTED
(view description of work at http://gnso.icann.org/issues/whois-privacy/tor2.shtml)
 
Comment:  Nowhere in this Task Forces' description of work is there any
reference to the existence of laws that protect privacy and freedom of expression in the world.  We submit 
that this Task Force will be unable to properly perform its review of the processing of the data elements of 
the WHOIS database without an evaluation and clear understanding of the requirements of these laws.
 
Proposed changes to Task Force 2 Description of Work:
 
1.   After "The purpose of this task force is to determine" (p. 2) we strongly recommend adding a new first 
point:
"a) Whether asking domain name owners to provide personal information is consistent with laws protecting 
privacy around the world?"
 
a) then becomes b), b) becomes c) and c) becomes d).
2.  To the "Tasks/Milestones" section, we strongly recommend adding a new first Task:
"1) Document existing privacy and freedom of expression laws and regulations that are applicable to the 
domain name system and WHOIS data. Existing summaries of such laws, as well as materials already
published by government groups, should provide an accessible base of information. Evaluate whether 
changes in the WHOIS data collection should be made to bring ICANN's data notification, collection,
disclosure and treatment methods into conformance with existing legal frameworks."
Number 1 becomes 2, 2 becomes 3, 3 becomes 4, 4 becomes 5 and 5 becomes 6.
 
3.  Edit existing Task #2 as follows:
" 2. Conduct an analysis of the existing uses of the registrant data elements currently captured as part of 
the domain name registration process. Develop a list of data elements about registrants and their
domains that must be collected at the time of registration, taking into account applicable privacy and 
freedom of expression laws, as well as security and stability considerations."
[Rest of the paragraph deleted.]


Andriy Pazyuk
president, Privacy Ukraine NGO
www.internetrights.org.ua
privacy@xxxxxxxxxx