<HTML><FONT FACE=arial,helvetica><HTML><FONT SIZE=2 PTSIZE=10 FAMILY="SANSSERIF" FACE="Arial" LANG="0">To the NCUC:<BR>
With apologies for the delay, I would like to share with you some of my<BR>
recent work with the GNSO's WHOIS Task Force 2. When I volunteered<BR>
for this position, I never expected it to take up the huge amount of time it is<BR>
taking. But I think our battles our important ones for noncommercial<BR>
speech and personal privacy, and I think we are making strong strides.<BR>
<BR>
TF2 is loaded with some of the most influential people in ICANN. It<BR>
includes Marilyn Cade, one of AT&T's chief lobbyists, and Steve Metalitz<BR>
who lobbies for huge intellectual property clients such as the Copyright<BR>
Coalition and the US Motion Picture Association. It is the position of these<BR>
people that the creation of privacy in the WHOIS will hurt their ability to<BR>
use the WHOIS database to track down those who violate their clients'<BR>
trademarks and copyrights, and basically anyone who disagrees with them<BR>
or their clients. This is *not* the original purpose of the WHOIS database,<BR>
which created ways to find someone when there was a technical problem<BR>
with the domain name.<BR>
<BR>
I bring several types of experience to this project. The first is a deep<BR>
knowledge of privacy law. Back in law school I spent a summer interning<BR>
with the Electronic Privacy Information Center (then under a different<BR>
name). There I wrote a paper on the EU Privacy Directive. When I went<BR>
into a law firm, I became their specialist on privacy in the<BR>
telecommunications system (telephone numbers, etc). <BR>
<BR>
The second is a deep knowledge of the players. Marilyn Cade and Steve<BR>
Metalitz go back to the very earliest days of ICANN. NCUC (then<BR>
NCDNHC) had to fight them to try to get basic rights to domain name<BR>
holders inserted into the Uniform Dispute Resolution Procedures. I served<BR>
with Steve on the final UDRP drafting committee.<BR>
<BR>
So every week (for at least 1-2 hours on the phone, and then many emails)<BR>
the TF2 members go to battle and we (NCUC with At Large) fight for every<BR>
small step the Task Force will take. The GNSO Council asked TF2 to<BR>
collect information about data protection laws worldwide, notice and<BR>
waiver, but for weeks this collection has been opposed by the Business and<BR>
Intellectual Property Constituencies. I am appalled to say that even ICANN<BR>
staff appears to feel that basic privacy protections do not apply to WHOIS!<BR>
<BR>
But ICANN cannot be above the law. Just this week, we finally have TF2<BR>
questions out to the Constituencies, the ccTLDs and especially the GAC<BR>
members. If we can get responses in the short time allocated, then I think<BR>
we can make a strong and compelling case for privacy in the WHOIS data<BR>
elements. <BR>
<BR>
But the path ahead is shaky:<BR>
- how will the data be interpreted?<BR>
- how do we create privacy protections in the WHOIS?<BR>
- how to we find the political support we need to make changes in WHOIS<BR>
consistent with law?<BR>
<BR>
Although this process is taking a huge toll on my law practice and family, I<BR>
would like to continue. I look forward to your guidance, assistance and<BR>
input to our own NCUC response to the TF2 questions, and also forming<BR>
our Constituency Statement. I think we can make some very important<BR>
contributions. <BR>
<BR>
Warm regards,<BR>
Kathy Kleiman<BR>
NCUC's Representative to TF2</FONT></HTML>