[ga] Whois and RAA contract implications: Nevada Law Requires Encryption of Transmitted Personal Data

[jwkckid1@xxxxxxxxxxxxx]

All,

A new law in Nevada says Nevada businesses may not transmit "any
personal information of a customer through an electronic transmission
[with the exception of a fax] unless the business uses encryption to
ensure [its] security."  Under the law, personal information includes
individuals' names in combination with a Social Security number (SSNs),
employer identification numbers, driver's license or identification card
numbers, or financial account numbers, including payment card numbers,
accompanied by any code that could allow access to the account.  The law
takes effect October 1, 2008; penalties for violating the law have not
been specified.
http://mofo.com/news/updates/bulletins/12866.html

IMHO this law is a bad one only because it doesn't indicate or
specify the any penalties for such a violation.  Further, as 
ICANN and specifically the GNSO has been unable to give privacy 
of registrants the consideration necessary more and more states 
are going to be drafting such legislation and some will set minimum 
penilities, including jail time.  This law als has some significant
traction with certain search engine service providers such as
Google, YAHOO and MS, whom have been in some hot water recently for
their poor customer and user privacy policies and practices.

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'Regards,
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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ABA member in good standing member ID 01257402 E-Mail jwkckid1@xxxxxxxxxxxxx