Comments: WHOIS Task Forces: due Thursday

[Carlos Afonso]

Dear Kathy and all,

I did not forget, and promise you I will be posting our comments before
the deadline (hear the nail-biting sound...).

fraternal rgds

--c.a.

On Tue, 2004-06-15 at 09:56, KathrynKL at AOL.COM wrote:
> All:
> Just a fast reminder about the deadline approaching (Thursday!) for
> public comments to the 3 WHOIS Task Forces that have met for the last
> six months.  If you/your organization have time to do nothing else,
> would you please consider comments supporting the privacy proposals in
> the reports of TF1 and TF2?
>
> Frannie has made it easy, with a website at
> http://www.thepublicvoice.org/take_action/default.html with key points
> written by Milton (TF1) and Frannie (TF2), and the email address for
> comments.  Since I am a bit late posting my suggestions for comments,
> I include them in text below.
>
> Even short comments would be great.  Thursday end of day is the
> deadline.
> Regards and thanks, Kathy (TF2)
> --------------------------------------------------------------------------------------------------
> TF2 Report:  Some suggested points comments
> -------------------------------------------------------------------------------------------------
> Overall, I think the TF2 Report is good -- pretty balanced and a good
> presentation of our interests.  Thus, for comments, I would suggest a
> double strategy: praise the positive (to reinforce our issues) and
> then criticize the negatives.  An outline of key issues below.
>
>      A.   Highlight the positives.
>      1.  For the first time, an ICANN report highlights both the uses
> of
> WHOIS and the abuses of WHOIS data.  We want to emphasize the abuses
> and possible abuses of continuing an open directory with this data
> (address,
> phone and email) available to all.  What are you organization's
> concerns for
> itself or its members regarding this data?  (Please consider
> mentioning your
> own concerns, or those on behalf of human rights organizations, other
> noncommercial organizations, and individuals).
>
>      2.  For the first time, an ICANN report outlines the privacy laws
> and freedom of expression protections in laws around the world
> (Sections
> 2.3 and 3.3/National Law, and first section of Appendix).  Please
> support
> the report here.  If you are in a country with comprehensive data
> laws,
> please talk about the human rights principles underlying your national
> privacy laws.  If you are in a country with free speech laws, please
> write
> about the importance of speaking privately and even anonymously, even
> in
> public dialogue.
>
>      3.  We have a great recommendation: that  "Registries and
> Registrars should not have to violate local data protection laws in
> order to
> conform with WHOIS policy. If there is a conflict of law and WHOIS
> policy, as process should be in place to allow for registrars to show
> such
> conflict and make appropriate changes needed for it to conform to the
> respective local laws." (See 1.4, 2.3, and 3.3).  Please support this
> recommendation!
>
>      B.   Opportunity to comment and shape the work ahead: Tiered
> Access
>
>
> Background: The Registrars for a long time have proposed a Tiered
> Access
> system.  While they agree that all personal data should not be public,
> Registrars do not want to be involved in the day to day task of
> screening all
> the requests for domain name holders.  Thus, they propose an automated
> system for making personal data available to those who say they need
> it.
> This system is called Tiered Access ("TA").  TA is a series of gates
> or
> tiers.  Still in formation, it is beginning to gain momentum.
> Comments now
> would be very timely and useful! [Sections 2.4, 2.5, 3.4, 3.5]
>
>      1.  Support the concept of "Tier 1" -- that personal or sensitive
> data
> including address, phone and email for individuals, organizations and
> even
> companies (such as small business) *would not* be published on the
> first
> Tier and not available to all.  (Note: 3.5 recommendation proposes
> that a
> registrant could choose to put all this data into the WHOIS directory,
> but
> that would be his/her/its choice).
>
>      2.  Argue that "Tier 2" needs to be much better defined.
> Registrars
> call Tier 2 the place for "known users with known uses" to access
> personal/sensitive domain name data.  But what are the limits and
> protections for domain name owners?  These we must fight for.  Please
> think of your own ideas for protections against abuse, but here are
> some of
> mine:
>                A.   Tier 2 should still not publish all the
> personal/sensitive data.
>           Let it be name/email (ideally) or name/address
>           (alternatively).  But not all the data.
>
>                B.   No unlimited access to the WHOIS database, even if
> you
>           are the world's most famous intellectual property law firm.
>           Although you are a "known user," you should still not have
>           infinite access to the WHOIS personal data and database.
>           Searches should be one by one, and for each and every
>           access, the user (however famous) should enter a clear and
>           specific text reason for the legal problem being raised by
> the
>           domain name and the legal reason for needing to contact the
>           domain name holder. This explanation must be sent to the
>           domain name holder.
>
>                C.   The system must provide *immediate notification by
> email
>           to the domain name holder* whenever his/her/its
>           personal/sensitive data is released to any third party in
> Tier
>           2.  Such immediate notification will allow domain name
>           holders to better protection themselves -- and flee if their
>           address (as a human rights organization, an abortion clinic,
>           or a woman with a stalking ex-spouse) has just been given
>           away.   (Domain name holders should have the option to
>           "opt-out" of such immediate notification if their safety is
> not
>           in danger, perhaps for a weekly listing.)
>
> 3.  Support the concept of a Tier 3   that all the data is available
> to
> ICANN-accredited registrars and registries for technical purposes,
> such as
> domain name transfers.
>
> Thanks again!
> Kathy
--
----------------
Carlos A. Afonso
diretor de planejamento e estratégia
Rits - Rede de Informações para o Terceiro Setor
Rua Guilhermina Guinle 272 - sexto andar
22270-060 Rio de Janeiro BRASIL
telefone +55-21-2527-5494
telefax  +55-21-2527-5460
http://www.rits.org.br