Re: [registrars] Revised draft for TF2

["Ross Wm. Rader" <ross@xxxxxxxxxx>]

On 4/13/2004 10:02 AM Rob Hall noted that:

Rob, inline...

> Can you tell me on what basis you say buk whois is 100% illegal in Europe ?
>
> My understanding of your privacy laws is that you must inform the user of
> how their information will be disseminated.  Is it not true that if you tell
> the user that you will publish their information, and give it to whoever
> applies under your bulk whois contract, that you are covered legally ?
>
> You have informed the user of how their information is to be used, and
> distributed. It is then the users choice to continue given that they now
> know the playing field.
Is your issue with the registrar constituency advocating that the bulk 
whois provisions in the contract be eliminated or the logic that 
Thomas has used to justify that position?

> You also make a statement that seems to unlink whois and transfers.  But
> they are in fact directly linked.
I didn't draw this same conclusion - which passage are you referring to?


> I also believe that one of the primary reasons we have a distributed whois
> for com/net is to promote competition, not lessen it.  I am at a loss as to
> how making whois information available to the public hurts competition.  I
> believe just the opposite occurs.
I think Thomas is saying that having two standards in place (i.e. one 
based in ICANN policy and the other based in local legislation) will 
create "forum shopping". Not sure if competition is especially germane 
to this particular point.
> I believe that if you unilaterally break your ICANN contract for any reason,
> you should face enforement and penalties.  If a big european telco broke
> their ICANN contract by not providing whois anymore, I suspect they would be
> found in breach, and no longer have a contract.  Exactly as would any
> non-european registrar who broke their contract.
The key here is for the GNSO to develop policy that can be applied 
equally across all relevant jurisdictions. The current policy 
regarding Whois plays extremely close to this line - many of the 
proposals completely cross it. Any proposal that can't be implemented 
by registrars because of legal considerations needs to be discarded to 
avoid the conditions you are concerned about.
--


                       -rwr








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