further comments (was RE: [NCUC-DISCUSS] Draft NCUC comments

[Chris Chiu]

Milton Mueller [mailto:Mueller at syr.edu] wrote:
>In response to Chris's comments, I tried to define a more developed
>and stronger position regarding Whois data elements. My proposal
>focuses on getting certain data elements OUT of Whois altogether,
>and if that is not possible proposes opt-out as a back up. 

The first prong of your approach sounds very good. As for the second prong, why don't we just ask for opt-in?

>Let
>me know what you think of this language:

>=====BEGIN PROPOSED LANGUAGE===========

>If Whois data remains fully accessible on a public and 
>anonymous basis, we strongly favor the elimination of all 
>personally identifiable contact data as a required element 
>of Whois except for:

>Registrant Name
>Registrant Country of Residence

This is certainly a big improvement from the status quo. However, this information alone might be somewhat problematic, especially for whistleblowers, political dissidents and the like. Is there some way to anonymize this? 

>If that information is necessary for law 
>enforcement purposes it can be subpoenaed from registrar 
>records. 

I understand what you're saying, but be careful, because law enforcement subpoena powers are already controversial in many parts of the world, as they can often be used without any safeguards against abuse (including judicial oversight). You might want to alter the language to mention the need for due process under such circumstances.

Sincerely,
Christopher Chiu
Technology Policy Analyst
American Civil Liberties Union