Re: [ga] RE: Whois more in detail

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Dominik and all,

  Great to hear/read here.  I hope you understand I am not critical
of what you are proposing only to be critical.  I and our members
are concerned as to the proposal draft and  your approach from a
technical stand point has legal problems in regards to privacy and
security in different legal jurisdictions.  Also it seems that there
is an assumption that registrars or ICANN can enforce whatever
Whois policy is eventually arrived at.  We believe and history
has shown clearly this is not reasonable to assume.  Hence
my original questions regarding enforcement remain relevant
and necessary as to answers.

Dominik Filipp wrote:

> Jeff,
>
> ok, I should, perhaps, clarify some of my ideas
>
> Basically, I agree with you upon the fact that the Preliminary Draft
> doesn't address (or even mention) many significant details such as
> various technical and legal aspects, particularly, those concerning law
> enforcement, policy, national law requirements, etc. It also tends to
> underestimate the importance of natural right for privacy, deliberately
> or coincidentally.
>
> We here, as I guess, broadly agree with keeping the privacy matters in
> hands of registrants, although this is most likely not always
> achievable, see the Dutch privacy law requirements enforcing data
> publishing, as an example. I, and Chris, disagree with hiding the
> identity of commercial companies, but this is still subject to further
> discussion. Moreover, I, personally, also want my identity data to be
> published and thus expose who actually is the owner of my domain name,
> at least unless I'm harmed or otherwise attacked. However, I don't want
> to directly expose my email address to spammers but I'm open to send it
> to someone on request, on and on.
>
> Well, if we've found the Draft insufficient in addressing these matters,
> we could then generate an alternative list of priorities, opinions, and
> proposals. I know, we've done so at certain level. But for me,
> particularly, it's also important a technical model of new possible
> whois mechanism reflecting the maximum of what we've talked about or, in
> other words, whether various (national) law and legal requirements posed
> on data accessibity/visibility are TECHNICALLY doable on uniform basis
> at all. I've found it doable. So, at least for me, it opens a solid
> basis any further discussion over that can grow up from and fluently
> continue, being backed up by runnable technical system in mind. That's
> what my proposal is all about. Nothing more, nothing less.
>
> Another, completely different topic, is data accuracy. In every
> thinkable technical whois system you can type 'Sleeping Beauty' as your
> individual registrant name and get away with it without being restrained
> UNLESS there exists another mechanism such as operational law
> enforcement. How to achieve this on the whole is a complete mystery to
> me. Currently, it doesn't seem any such enforcement is effectively
> running unless it's initiated by third-parties such as cease and desist
> letters, official complaints, etc. Therefore, for me, an additional
> essential thing is what I call 'point of indication', a public place
> where the internet users could send suspected links pointing to
> commercial sites claiming to be non-commercial, the links with invalid
> contact points, etc. I guess registrars will also have to obey similar
> rules regardless of they want to or not. Even the existing Draft counts
> on it, which is positive, at least in that it's being officially
> considered. Another question, of course, is whether this motion
> eventually succeeds.
> Also keep in mind that hiding holder's contact data (we're calling for)
> makes the enforcement more difficult, maybe another topic to discuss.
>
> Hope, my opinion is now a bit more clear now...
>
> Dominik
>
> -----Original Message-----
> From: Jeff Williams [mailto:jwkckid1@xxxxxxxxxxxxx]
> Sent: Wednesday, January 10, 2007 12:58 PM
> To: Dominik Filipp
> Cc: icann whois; ga
> Subject: Re: [ga] RE: Whois more in detail
>
> Dominik and all,
>
>   I already have made several constructive suggestions one of which was
> based on an earlier post by you on this very thread.  Maybe you missed
> it.  In the case you did miss posts, let be know if you would like or
> want the archived URL's for them, and I shall post same again publicly.
>
>   I have read the Preliminary Draft, and as I have already pointed out,
> along with a few others on the GA, it is fatally flawed, and I did
> provide as to how and where it is flawed in some significant and factual
> detail from
>
> a legal aspect and a technical aspect as it directly relates to existing
> and pending law/legislation.
>
>   I have at the behest of many of our members, all of whom are
> registrants, ask a number of questions which the Preliminary Draft does
> not address, and remain unanswered.  I recognize they are very tough
> questions, and raise some embarrassing history.  But it is the tough
> questions that need and indeed must be answered and addressed adequately
> if a sound and legal Whois policy is ever to be arrived at.
>
>   I know it is abundantly clear and factual that no single server level
> application can address the many and varied legal requirements of many
> different countries, as well as most U.S. states legal requirements and
> at the same time provide for privacy and security laws as well as
> integrity of access use and data integrity in the Whois data base
> itself...

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

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very often the accident of glory" - Theodore Roosevelt

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P: i.e., whether B is less than PL."
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