<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=Content-Type content="text/html; charset=UTF-8">
<META content="MSHTML 6.00.6000.16481" name=GENERATOR></HEAD>
<BODY id=role_body style="FONT-SIZE: 10pt; COLOR: #000000; FONT-FAMILY: Arial"
bottomMargin=7 leftMargin=7 topMargin=7 rightMargin=7><FONT id=role_document
face=Arial color=#000000 size=2>
<DIV>All, </DIV>
<DIV>I have not yet seen any comments circulated among us to support Telnic's
proposal to modify its Whois publication consistent with the data protection
laws of the UK and EU. </DIV>
<DIV> </DIV>
<DIV>Telnic is in exactly the situation we have always feared: ICANN rules
(adopted in the US decades ago) force publication of all personal data, but the
UK and EU laws give the individual control of this data and make illegal its
publication without the individual's consent.</DIV>
<DIV> </DIV>
<DIV>This is an important opportunity for our constituency. I have drafted
some short comments below. Thanks for your review. Due to time
considerations (including that I am swamped), please send specific changes,
additions and edits if you have them. Comments due 6/28. Public notice at
<A
href="http://www.icann.org/announcements/announcement-07jun07.htm">http://www.icann.org/announcements/announcement-07jun07.htm</A>.</DIV>
<DIV> </DIV>
<DIV>Regards and thanks to all the meeting, </DIV>
<DIV>Kathy Kleiman </DIV>
<DIV>--------------------------------------------------------------------------------------------</DIV>
<DIV>The Noncommercial Users Constituency fully supports the proposed changes of
Telnic to the registry agreement as consistent with the laws of the United
Kingdom and the European Union.<BR><BR>Telnic’s proposal to modify the data
displayed to the world of its registrants, especially individuals, takes into
account the legal requirements of the UK Data Protection Act of 1998 and the EU
Privacy Directive. These laws of a country and a continent provide rights
to individuals which allow them to control the distribution of their personal
data. Individuals cannot have their address, phone, fax and email
published without their express consent. <BR><BR>Telnic has handled this matter
properly. It has consulted with the UK Information Commissioner's office
which oversees and enforces data protection laws in the UK. Its proposal
follows the example of Nominet, the UK country code, which has a Whois policy
that allows .UK registrants to protect their personal data. It also
follows the example of the Global Name Registry, incorporated in the UK and the
first sponsored gTLD to seek to modify the gTLD Whois requirements to better
protection personal data under law.<BR><BR>It is a completely unacceptable to
ask a registry to violate civil and criminal laws as a condition of operating in
the ICANN community. It is a Catch-22 the Whois Working Groups and even
the GAC have expressed concern over many times. Telnic wisely chose the
proactive approach – to seek compliance with both ICANN contractual requirements
and the UK and EU laws. It is an important request.<BR><BR>The NCUC strongly
supports the grant of Telnic’s request as consistent with good business
practices, fostering corporate compliance with national law, and making
clear that “gTLD Whois services must comply with applicable national laws and
regulations” [GAC communique of Whois<BR><BR>We ask that ICANN adopt the Telnic
proposal with alacrity.<BR><BR>The Noncommercial Users Constituency <BR>[Date of
transmission to ICANN]<BR></DIV></FONT><BR><BR><BR><DIV><FONT style="color: black; font: normal 10pt ARIAL, SAN-SERIF;"><HR style="MARGIN-TOP: 10px">See what's free at <A title="http://www.aol.com?ncid=AOLAOF00020000000503" href="http://www.aol.com?ncid=AOLAOF00020000000503" target="_blank">AOL.com</A>. </FONT></DIV></BODY></HTML>