Re: [dow2tf] new GAC questions

[Thomas Keller <tom@xxxxxxxxxx>]

Thank you for your comments Steve. As to your proposed substitution of
the word "data object" with "registrant". I would like to disagree with
such a change since the data in question is not only the registrant data
but also the data of the other contacts. Besides this is the term
"data subject" (at least in Europe) well known in the governmental and
privacy world and explains perfectly what we are after. 

I disagree as well to the restriction of questions number 1 and 5 to 
"domain name registration". The purpose of our questions is already 
defined in the introducing paragraph and does not need to be specified 
again. 

Last but not least I want to compliment you on question 6 which is a real 
important one and one  which will no doubt produce lot of interesting answers.

Best,

tom

Am 12.01.2004 schrieb Steve Metalitz:
> Tom, thank you for this redraft, which I believe is certainly headed in the
> right direction.  Please see some suggested changes below which would focus
> this more specifically on the domain name registration situation and which
> also poses the question of which law is applicable.  
> 
> Steve Metalitz
> 
>  
> -----Original Message-----
> From: Thomas Roessler [mailto:roessler@xxxxxxxxxxxxxxxxxx]
> Sent: Friday, January 09, 2004 2:14 PM
> To: Thomas Keller
> Cc: dow2tf@xxxxxxxxxxxxxx
> Subject: Re: [dow2tf] new GAC questions
> 
> 
> These look acceptable to me.
> 
> On 2004-01-09 16:41:40 +0100, Thomas Keller wrote:
> > From: Thomas Keller <tom@xxxxxxxxxx>
> > To: dow2tf@xxxxxxxxxxxxxx
> > Date: Fri, 9 Jan 2004 16:41:40 +0100
> > Subject: [dow2tf] new GAC questions
> > Organization: Schlund + Partner AG
> > X-Spam-Level: 
> > 
> > Hello all,
> > 
> > since we could not totally agree on the existing questions for the GAC I 
> > undertook the effort of creating a new set. As I understood the main 
> > criticism was that the existing questions where to far reaching and not 
> > precise enough and therefore might not be answered at all (one extreme) 
> > or answered too extensively (the other extreme). Both kind of answers
> would 
> > not suit our purpose. To make the questions easier to answer and the
> outcome 
> > more predictable I tried to frame the questions as narrow as possible.
> > 
> > --
> > 
> > The GNSO's WHOIS Task Force #2 is chartered with reviewing the current
> > ICANN whois policy regarding the collection, disclosure and transmittal
> > of data obtained when a domain name is registered, and how consent of the
> registrant to these policies is obtained.  
> > 
> > In general, these data elements may include:
> > 
> > domain name registrant's name, address, phone and fax number, e-mail
> address.
> > 
> > The same information is collected for administrative and technical
> contacts.
> > 
> > Part of the Task Force's charter is to document examples of relevant
> existing
> > privacy laws regarding the display and transmittal of this data which may
> inform the Task Force's work and guide us in our decisions. 
> > 
> > Information (including links and copies) of laws, regulations, and cases
> > responsive to the following points are of our particular interest:
> > 
> > 1. Must a domain name registrant consent to the collection and processing
> of his data in connection with domain name registration?
> > 2. Must a registrant consent to the disclosure of this data?
> > 3. Can a registrant withdraw his consent to the disclosure of this data?
> > 4. Does a registrant have a legal right to stay anonymous and not disclose
> any data?
> > 5. Is there any regulation on the transmittal of personal data in
> connection with domain name registration to other countries?
> 6.  Does the applicability of the law of your country depend on the location
> or nationality of the registrant, the registrar, or the registry? How would
> the applicable law be determined in a situation in which these three parties
> are located in different countries?   
> > 
> > We appreciate your assistance.
> > 
> > Best,
> > 
> > tom
> > 
> > --
> > 
> > Thomas Keller
> > 
> > Domain Services
> > Schlund + Partner AG
> > Brauerstrasse 48         		Tel. +49-721-91374-534
> > 76135 Karlsruhe, Germany               	Fax  +49-721-91374-215
> > http://www.schlund.de                  	tom@xxxxxxxxxx      
> > 
> 
> -- 
> Thomas Roessler  <roessler@xxxxxxxxxxxxxxxxxx>
> At-Large Advisory Committee: http://alac.info/
> 
> 

Gruss,

tom

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