Re: [ga] Whois more in detail

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Dr. Dierker and all,

 Answser: There is a sucker born every minuet.  Ole PT. was a
wise old sole...

Hugh Dierker wrote:

>    Jeff,
>
>   What was it that guy Barnum said?
>
>   e
>
> Jeff Williams <jwkckid1@xxxxxxxxxxxxx> wrote:
>   Dominik and all,
>
> I see several problems not the least of which are legal problems
> in regards to privacy in what you are suggesting in your "Access
> Modes" approach as a potential policy governing Whois data
> request results.
>
> First different countries have many and varied laws regarding
> what data is and is not considered private. Even in EU member
> nations, individual privacy and corporate privacy very greatly.
>
> In the US, different states have different and varied privacy
> laws in regards to individuals and corporate entities as to type.
>
> Hence only your "C" suggestion may reasonably and legally
> apply.
>
> Second, and by no means last, where does ICANN or any
> registrar have the idea it has the right to assign or determine
> whom or what has what level of privacy in respect to any nations
> law regarding privacy at any level?
>
> Dominik Filipp wrote:
>
> > Hi all,
> >
> > after reviewing the posts sent here so far, I also tend to prefer
> > privacy to data disclosure in the whois. However, to satisfy the
> Chris's
> > (and also my) need, the privacy on whois data should be something
> that
> > individuals and, possibly, non-com organizations should be allowed
> to
> > qualify for only.
> > To be more explicit, my opinion on how the whois record could be
> > accessed and dealt with (including the ideas from GA) is as follows
> >
> > Basically, I agree with dividing the whois record into the Holder
> > contact and the OPoC contact parts as proposed in the Preliminary
> Draft.
> > Furthermore, I see three distinct modes in which to access the whois
>
> > data
> >
> > Access Modes
> > ------------
> >
> > a) 'Exposed' mode; data is publicly visible when visiting the whois
> page
> > (much like it works now).
> >
> > b) 'On-Request' mode; data is still publicly accessible but
> obtainable
> > solely via explicit request sent to the registrar that will send the
>
> > requested data back to the requester's email address. In this case
> the
> > request (email, IP?) could be logged. The access should avoid
> automatic
> > data harvesting and make data access more difficult for
> > spammers/scammers.
> > The 'request-response' mechanism could be improved by requiring to
> input
> > an image-code before sending the request, and/or an email
> confirmation
> > by the requester prior sending the requested data from the registrar
>
> > back to the requester.
> >
> > c) 'Locked' mode; data is inaccessible to public but obtainable on
> > behalf of explicit eligible requests (subpoena, law enforcement)
> from
> > registrar (or thick registry).
> >
> > WhoIs Data
> > ----------
> >
> > 1. Holder Part
> > Holder may at his/her own discretion publish all data (Holder's full
>
> > address, phone number and email address), but also
> >
> > a) if Holder is an individual or a non-com organization then he/she
> may
> > just publish the name and country/state (short form), or to suppress
>
> > data publication at all. In such a case the whois record would
> contain
> > (in the Holder's part) just an assigned Holder's ID.
> > The fact that the Holder is an individual or a non-com org could be
> > specified during the domain registration.
> > All three 'Exposed', 'On-Request', and 'Locked' access are
> applicable
> > here.
> >
> > b) if Holder is a commercial organization then the necessary minimum
> of
> > data published is company name and country/state (but, perhaps,
> more).
> > Only 'Exposed' access mode is applicable here.
> >
> > 2. OPoC Part
> > OPoC contact part could contain full contact information (including
> > address, phone, and email). However, not all data would be directly
> > exposed to the public (e.g., phone and email).
> > The 'Exposed' and 'On-Request' access modes are applicable here.
> > However, for commercial companies, all OPoC entries should be
> 'Exposed',
> > except email that could be 'On-Request' (anti-spam precaution).
> >
> > As for the granularity of the access modes, one (extreme)
> possibility is
> > to allow to set up specific access mode for each data entry
> (address,
> > phone, email, etc.); or to specify a set of blocks each sharing the
> same
> > access mode, etc.
> >
> > A whois record could look like
> >
> > a) Individual Holder (opting the private whois form)
> >
> > I. variant II. Variant
> > ---------- -----------
> > HOLDER CONTACT [Locked] HOLDER CONTACT [Locked]
> > Holder ID: 4523857 Holder ID: 4523857
> >
> > OPERATIONAL CONTACT OPERATIONAL CONTACT [On-Request]
> > Name: MyPrivacy Company Ltd. OPOC ID: 44323578
> > Postal Address: My Street 123
> > City: My City
> > State/Region: My State
> > Country: My Country
> > Phone: [On-Request]
> > Fax: [On-Request]
> > Email: [On-Request]
> >
> > b) Commercial company Holder (opting the maximum allowable private
> form)
> >
> > HOLDER CONTACT
> > Name: MyComm Company Ltd.
> > State/Region: My State
> > Country: My Country
> >
>
> >
> > OPERATIONAL CONTACT
> > Name: MyContact Company Ltd.
> > Postal Address: My Street 123
> > City: My City
> > State/Region: My State
> > Country: My Country
> > Phone: +121546589
> > Fax: +121546589
> > Email: [On-Request]
> >
> > Obviously, the more data specified in the Holder part the more
> eligible
> > the com-company could be treated as.
> >
> > And, of course, I suppose the full Holder's and OPoC's contact data
> are
> > stored somewhere at registrar.
> >
> > Dominik
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup LLA. - (Over 134k 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]
> ===============================================================
> Updated 1/26/04
> CSO/DIR. Internet Network Eng. SR. Eng. Network data security
> IDNS. div. of Information Network Eng. INEG. INC.
> ABA member in good standing member ID 01257402
> E-Mail jwkckid1@xxxxxxxxxxxxx
> Registered Email addr with the USPS
> Contact Number: 214-244-4827
>
>
>  __________________________________________________
>
>

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obediance 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]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402
E-Mail jwkckid1@xxxxxxxxxxxxx
 Registered Email addr with the USPS
Contact Number: 214-244-4827