WHOIS Task Force 2 Update

[KathrynKL at AOL.COM]

To the NCUC:
With apologies for the delay, I would like to share with you some of my
recent work with the GNSO's WHOIS Task Force 2.  When I volunteered
for this position, I never expected it to take up the huge amount of time it 
is
taking.  But I think our battles our important ones for noncommercial
speech and personal privacy, and I think we are making strong strides.

TF2 is loaded with some of the most influential people in ICANN.  It
includes Marilyn Cade, one of AT&T's chief lobbyists, and Steve Metalitz
who lobbies for huge intellectual property clients such as the Copyright
Coalition and the US Motion Picture Association. It is the position of these
people that the creation of privacy in the WHOIS will hurt their ability to
use the WHOIS database to track down those who violate their clients'
trademarks and copyrights, and basically anyone who disagrees with them
or their clients.   This is *not* the original purpose of the WHOIS database,
which created ways to find someone when there was a technical problem
with the domain name.

I bring several types of experience to this project.  The first is a deep
knowledge of privacy law. Back in law school I spent a summer interning
with the Electronic Privacy Information Center (then under a different
name).  There I wrote a paper on the EU Privacy Directive.  When I went
into a law firm, I became their specialist on privacy in the
telecommunications system (telephone numbers, etc).  

The second is a deep knowledge of the players.  Marilyn Cade and Steve
Metalitz go back to the very earliest days of ICANN.   NCUC (then
NCDNHC) had to fight them to try to get basic rights to domain name
holders inserted into the Uniform Dispute Resolution Procedures.  I served
with Steve on the final UDRP drafting committee.

So every week (for at least 1-2 hours on the phone, and then many emails)
the TF2 members go to battle and we (NCUC with At Large) fight for every
small step the Task Force will take.  The GNSO Council asked TF2 to
collect information about data protection laws worldwide, notice and
waiver, but for weeks this collection has been opposed by the Business and
Intellectual Property Constituencies.  I am appalled to say that even ICANN
staff appears to feel that basic privacy protections do not apply to WHOIS!

But ICANN cannot be above the law.  Just this week, we finally have TF2
questions out to the Constituencies, the ccTLDs and especially the GAC
members.  If we can get responses in the short time allocated, then I think
we can make a strong and compelling case for privacy in the WHOIS data
elements.  

But the path ahead is shaky:
- how will the data be interpreted?
- how do we create privacy protections in the WHOIS?
- how to we find the political support we need to make changes in WHOIS
consistent with law?

Although this process is taking a huge toll on my law practice and family, I
would like to continue.  I look forward to your guidance, assistance and
input to our own NCUC response to the TF2 questions, and also forming
our Constituency Statement.  I think we can make some very important
contributions. 

Warm regards,
Kathy Kleiman
NCUC's Representative to TF2
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