[dow2] ICANN DOW Task Force #2 - comments

["Philippa Lawson" <plawson@xxxxxxxxxx>]

We endorse the following comments drafted by EPIC on the DOW for Task Force
#2:

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.]

Philippa Lawson
Executive Director
Canadian Internet Policy and Public Interest Clinic (CIPPIC)
University of Ottawa, Faculty of Law
57 Louis Pasteur
Ottawa, ON K1N 6N5
tel: (613) 562-5800 x.2556
fax: (613) 562-5417
email: plawson@xxxxxxxxxx