<HTML><FONT FACE=arial,helvetica><HTML><FONT SIZE=2 PTSIZE=10 FAMILY="SANSSERIF" FACE="Arial" LANG="0">All:<BR>
I thought you might want to see something heartening. As the WHOIS Task Force moves forward to offer the Council suggestions on a modern "purpose" for the WHOIS data and database, the Registry Constituency has submitted a strong pro-privacy statement supporting the withdrawal of personal data from the public WHOIS database. It cites the Article 29 Working Group -- EU Data Protection Commissioners -- and their comments to ICANN and the Task Force. <BR>
<BR>
This statement full supports what Milton and I have argued for in the Task Force. I think you will enjoy it. <BR>
<BR>
Regards, Kathy<BR>
********************************************************************************************<BR>
The GTLD Registry Constituency (RyC) Statement on WHOIS COMBINED TASK FORCE Terms of Reference Tasks 1 <BR>
<BR>
This statement responds to the request for constituency input on the WHOIS COMBINED TASK FORCE Terms of Reference (2 June 2005) Tasks 1 (Purpose of WHOIS) <BR>
.<BR>
Pursuant to requirements of the GSNO policy development process, the RyC has concluded:<BR>
<BR>
I. Constituency Position<BR>
<BR>
A. Task 1 - Purpose of WHOIS<BR>
<BR>
The WHOIS function had one original purpose, clearly articulated by the European Commission Data Protection Working Party - "to give people who operate networks a way of contacting the person technically responsible for another network, another domain, when there was a problem." This purpose is a direct result of the nature of the Internet at the time when the function was originated, namely a limited interconnection of research, university and government networks. The visionary founders of the Internet never conceived of the Internet as the global means of mass telecommunications that it has now become<BR>
<BR>
The WHOIS function now has additional purposes that have arisen from the change of character of the Internet. Its explosive growth has unfortunately attracted a minority of users who do not share the high-minded idealism of the Internet's founders. The spammers, cybersquatters, phishers and other abusers of the functions of the Internet, together with users whose intent is criminal (terrorists, et al) have made it necessary to recognize that the WHOIS function has purposes beyond its original purpose. However, recognition of this need does not imply that the function must make all personal data public. There is no justification at this time for a WHOIS function that makes available to the entire world the personal data of millions of domain name registrants.<BR>
<BR>
There are adequate techniques, such as tiered access, that can make WHOIS data available to law enforcement agencies and others that need the data.<BR>
<BR>
The EC Working Party Opinion cited above recognizes the expansion of purposes and at the same time strongly supports the concept that not all data should be made public:<BR>
<BR>
"…it is essential to limit the amount of personal data to be collected and processed."<BR>
"The registration of domain names by individuals raises different legal considerations than that of companies or other legal persons registering domain names."<BR>
"In the light of the proportionality principle, it is necessary to look for less intrusive methods that would still serve the purpose of the Whois directories without having all data directly available on-line to everybody."<BR>
"The Working Party encourages ICANN and the Whois community to look at privacy enhancing ways to run the Whois directories in a way that serves its original purpose whilst protecting the rights of individuals. It should in any case be possible for individuals to register domain names without their personal details appearing on a publicly available register." [emphasis in original]<BR>
<BR>
It is entirely disingenuous to argue that personal data must be made publicly available because ICANN requires that domain name registrants consent or acknowledge that their data will be publicized. The point of this Task Force's proceeding (and the proceeding of its predecessors) has always been to determine how the WHOIS function should be structured, not to defend its legality or illegality as presently structured. <BR>
<BR>
End of Registry Task 1 Statement</FONT></HTML>