[dow2] Comment on DOW of Task Force 2 - ICANN Review of WHOIS database
Dear Sir or Madam, Our organization makes the following comments on the work of task force 2: 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." I am the person in this organization responsible for the issue. Thank you. John Lawford John Lawford Barrister & Solicitor Research Analyst Public Interest Advocacy Centre ONE Nicholas Street, Suite 1204 Ottawa, Ontario K1N 7B7 (613) 562-4002 x25 (613) 562-0007 (Fax) |