Registry Constituency supports WHOIS privacy

[KathrynKL at AOL.COM]

All:
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. 

This statement full supports what Milton and I have argued for in the Task 
Force.  I think you will enjoy it. 

Regards, Kathy
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The GTLD Registry Constituency (RyC) Statement on WHOIS COMBINED TASK FORCE 
Terms of Reference Tasks 1 

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) 
.
Pursuant to requirements of the GSNO policy development process, the RyC has 
concluded:

I. Constituency Position

A. Task 1 - Purpose of WHOIS

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

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.

There are adequate techniques, such as tiered access, that can make WHOIS 
data available to law enforcement agencies and others that need the data.

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:

       "…it is essential to limit the amount of personal data to be collected 
and processed."
        "The registration of domain names by individuals raises different 
legal considerations than that of companies or other legal persons registering 
domain names."
        "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."
       "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]

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. 

End of Registry Task 1 Statement
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