proposal to waive publication of whois data

[Danny Younger]

Robin,

While I applaud your enthusiasm, this proposal will
only serve to create a new registrar profit center (as
no policy provisions whatsoever have been made to deal
with third-party access to unpublished data).  By
aggregating registration contact data solely in the
hands of registrars you are making it possible for
those ethically-challenged registrars to sell this
data at will.

Further, while ICANN bylaws are always amenable to
change, we are required to live by conditions
stipulated in the organization's Articles of
Incorporation that oblige us to "pursue the charitable
and public purposes of lessening the burdens of
government".  Creating a scenario in which the law
enforcement community will need to resort to the
issuance of thousands upon thousands of subpeonas to
secure necessary data does not serve the purpose of
lessening governmental burdens.

Finally, your narrow approach to "purpose" fails to
comport with an understanding of evolution in the
namespace.  There are legitimate uses of WHOIS data
that have evolved over time that are recognized by the
business community, the intellectual property
community and by governmental entities (all legitimate
stakeholders in this process).

I would think that your interests, and the interests
of this constituency, would better be served by a
proposal that confers certain rights in the
registration process to natural persons engaged in
non-commercial activities.

In any event, the NCUC does have a policy committee
(of which you are a member) -- please raise this
proposal within the committee for committee review and
subsequent constituent comment.

In its present form I find the proposal to be
shortsighted, confrontational, and not amenable to
adoption by consensus.

best regards,
Danny



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