Draft comments to support .TEL's Whois proposal - due 6/28

[KathrynKL at AOL.COM]

All, 
I have not yet seen any comments circulated among us to support Telnic's  
proposal to modify its Whois publication consistent with the data protection  
laws of the UK and EU.  
 
Telnic is in exactly the situation we have always feared:  ICANN rules  
(adopted in the US decades ago) force publication of all personal data, but the  UK 
and EU laws give the individual control of this data and make illegal its  
publication without the individual's consent.
 
This is an important opportunity for our constituency.  I have drafted  some 
short comments below.  Thanks for your review.  Due to time  considerations 
(including that I am swamped), please send specific changes,  additions and 
edits if you have them.  Comments due 6/28. Public notice at  
_http://www.icann.org/announcements/announcement-07jun07.htm_ 
(http://www.icann.org/announcements/announcement-07jun07.htm) .
 
Regards and thanks to all the meeting,  
Kathy Kleiman 
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The Noncommercial Users Constituency fully supports the proposed changes of  
Telnic to the registry agreement as consistent with the laws of the United  
Kingdom and the European Union.

Telnic’s proposal to modify the data  displayed to the world of its 
registrants, especially individuals, takes into  account the legal requirements of the 
UK Data Protection Act of 1998 and the EU  Privacy Directive.  These laws of a 
country and a continent provide rights  to individuals which allow them to 
control the distribution of their personal  data.  Individuals cannot have their 
address, phone, fax and email  published without their express consent. 

Telnic has handled this matter  properly.  It has consulted with the UK 
Information Commissioner's office  which oversees and enforces data protection laws 
in the UK.  Its proposal  follows the example of Nominet, the UK country 
code, which has a Whois policy  that allows .UK registrants to protect their 
personal data.  It also  follows the example of the Global Name Registry, 
incorporated in the UK and the  first sponsored gTLD to seek to modify the gTLD Whois 
requirements to better  protection personal data under law.

It is a completely unacceptable to  ask a registry to violate civil and 
criminal laws as a condition of operating in  the ICANN community.  It is a 
Catch-22 the Whois Working Groups and even  the GAC have expressed concern over many 
times. Telnic wisely chose the  proactive approach – to seek compliance with 
both ICANN contractual requirements  and the UK and EU laws. It is an important 
request.

The NCUC strongly  supports the grant of Telnic’s request as consistent with 
good business  practices,  fostering corporate compliance with national law, 
and making  clear that “gTLD Whois services must comply with applicable 
national laws and  regulations” [GAC communique of Whois

We ask that ICANN adopt the Telnic  proposal with alacrity.

The Noncommercial Users Constituency 
[Date of  transmission to ICANN]




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