RE: [registrars] Registrar statement for law enforcement at ICANN this week

["Jordi Hinojosa" <hinojosa@xxxxxxxxxxxxx>]

Nominalia supports this statement

Jordi Hinojosa

ID: http://hinojosa.nominalia.com
+34 93 507 43 60

www.nominalia.com
 
-----Mensaje original-----
De: owner-registrars@xxxxxxxxxxxxxx [mailto:owner-registrars@xxxxxxxxxxxxxx]
En nombre de Bruce Tonkin
Enviado el: lunes, 26 de junio de 2006 19:11
Para: Registrars Constituency
Asunto: [registrars] Registrar statement for law enforcement at ICANN this
week

Hello All,

There are many representatives from the law enforcement community attending
this ICANN meeting.

They raised a range of concerns about what might happen to WHOIS based on a
recent decision at the GNSO Council.

I recommend that registrars sign on to the attached statement to send back
in return.

This can be issued formally at the GNSO public forum tomorrow.

Please send an email to the list if you agree with the following.

Regards,
Bruce Tonkin


We the undersigned registrars wish to confirm that we will continue to
collect the data (commonly called WHOIS data) as required by the registrar
accreditation agreement (all of which is currently displayed to the general
public), and will continue to provide access to such data by law enforcement
through appropriate processes that support the privacy protection for the
Personal Data of natural persons.
Registrars store this information for the lifetime of their agreement
with ICANN plus an additional 3 years.   Registrars are concerned that
the current requirement for general public access to this information can
cause problems for Personal Data of natural persons and this is an area of
current work.

Registrars believe there should be more effective mechanisms than the
current general public access mechanisms for legitimate access to
Personal Data.   

Registrars further believe that protecting Personal Data from general public
access may result in more accurate information being provided by registrants
at the time of registration.

Registrars also note that other useful data such as the IP (Internet
Protocol) address used by a registrant when registering a domain name and
credit information is also stored.  This information is also
available for law enforcement access through appropriate processes.   

IP (Internet Protocol) address information is perhaps the most useful in
actually identifying parties of interest to law enforcement.  Please note
that it is rare to find Personal Data of natural persons in the IP
address WHOIS registries.   The IP address information can be used to
identify the relevant Internet Service Provider (ISP) or telecommunications
company responsible for the IP address through the IP (Internet Protocol)
WHOIS services.  Law enforcement can then use existing legal processes to
obtain the physical location of a computer connected to the Internet that
may be hosting illegal content, or the physical location an internet user
using this computer, through accessing ISP and telecommunications
information that is not available for public access.