draft gac whois principles text...

[KathrynKL at AOL.COM]

<<>
> I look forward to discussion within the constituency
> on what a future WHOIS should look like.
> >>

Danny:
This is a discussion that has already taken place -- at huge effort --
over the last four and a half years.  We have talked about who our
constituency represents, how we are the only voice in the whole of ICANN for the voices
we represent (noncommercial communication, including that of political and
human rights organizations and civil society generally).  We have discussed at
length all plans that have come from the Whois Task Force and taken the lead, in
fact, in a huge amount of the Whois TF research, drafting and editing (over
the years).

One great height of our work was the Vancouver Whois Conference where the
majority of ICANN turned to our view, listened to it, and came away agreeing with
us.  We brought forward ccTLDs that had real data protection/privacy policies
(.UK, .CA and .JP) and they explained how and why they are bound to comply
with the data protection laws of their countries.  Then other telecommunications
experts from other areas, especially #2 Telco/ISP Telus from Canada,
explained that data protection laws are a basic way of commerce -- a legal requirement
and good customer business.

All of this is posted.  Let me refer you to our original website
www.ncdnhc.org.  Look under Archives for the spreadsheet of Privacy Laws from 2004.  Some
data is outdated, but the wave of countries adopting data protection as a
fundamental protection is only increasing.  For slides from the Vancouver
conference, look on the homepage under "What's New" click "Whois-Privacy Conference."
This Agenda/Schedule (a PDF) has links to the superb slides of many speakers.


NCUC helped shape the discussion and debate of the GNSO -- and we did by
consulting with our Constituency.  Marrakech had a very long debate.

We also did it by appealing to those Government Representatives who
legislate, investigate and enforce data protection laws.  The GAC has been poor about
reaching out to non-GAC representatives who might be expert, concerned with and
interested in the Whois debate.  So we did -- and they responded. Read the
letters to ICANN from the Chairman of the Article 29 Working Party, the Belgian
Data Protection Commission, the Canadian Data Protection Commissioner and
others.  See http://www.gnso.icann.org/issues/whois-privacy/, Government Input,
top of blue column.

NCUC paved the way for others.  I think you will enjoy what we have done.
Tx for taking a close look,
Kathy


Kathryn A. Kleiman, Esq.
Internet Law & Policy Counsel
McLeod, Watkinson & Miller
One Massachusetts Avenue NW
Suite 800
Washington DC 20001
(202) 842-2345 ext. 256
KKleiman at mwmlaw.com


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