.CAT WHOIS Proposed Changes - call for public comments - Think hard!!

Sun Jan 22 11:23:33 CET 2012

+1

On Sun, Jan 22, 2012 at 4:04 AM, nhklein <nhklein at gmx.net> wrote:

> +1
>
> Norbert Klein
> Phnom Penh/Cambodia
>
>
> On 01/22/2012 01:50 AM, Kathy Kleiman wrote:
>
>> All,
>> I think this is a very dangerous slippery slope. Natural persons deserve
>> privacy, yes, and that completely consistent with the EU Data Protection
>> Directive.  But in the US and other places around the world Organizations
>> deserve privacy protection too.  If we give this up now, we will never get
>> it back.
>>
>> I strongly agree with Avri that the organizations that protect natural
>> persons are important, and so too are the organizations that deal with
>> political freedoms, religious freedoms, political minorities, religious
>> minorities, and even organizations who are parents organizing baseball
>> teams, soccer teams and home-schooling groups.  Organizations are the
>> **perfect example** of what a Noncommercial Message does **not need to be
>> tied into An Physical Address in a  Globally Available Database.**
>>
>> What law enforcement really cares about is using the Whois to track down
>> those who do e-commerce deals and then cheat someone. That's fair, and I
>> and others are working on ways to help them with very narrowly-tailored
>> policies. But that does not mean that we give up the Privacy of those
>> engaged in Noncommercial Conduct or simply ordinary conduct (and in the US,
>> that includes Organizations engaged in an array of protected speech --
>> note: we had a case where law enforcement wanted all the members of an
>> NAACP branch, "a civil rights organization for ethnic minorities in the
>> united States," and the answer was "no" on privacy grounds - organizations
>> have rights of privacy and speakers of all types, including those banded
>> together in organizations have privacy in their contentious, minority
>> speech.)
>>
>> Please know: that there is an ongoing move in the gTLDs to eliminate
>> proxy and privacy services, and if they prevail (now or 10 years from now),
>> we will be left with only the slim protections, if any, in the ICANN Whois
>> database.  So yes, if .CAT (Catalonia, Spain) wants privacy for its
>> individuals, that's great. But it sets a precedent for all gTLDs, and in
>> that precedent, we need all Organizations not actively engaged in
>> e-commerce protected too.
>>
>> Big sigh, as that is a lot to talk about. I have lived Whois policies for
>> the last year as Vice-Chair of the Whois Review Team, and for 10 years
>> before that as one of the diligent NCUC reps on Whois Task Forces
>> (including Milton, Wendy, Robin).
>>
>> As a policy matter, I would ask that our NCUC leaders strongly urge .CAT
>> to modify its proposal to offer privacy protection for all noncommercial
>> organizations that request it, too, as a condition of our support.
>>
>> Best, Kathy (Kleiman)
>> Co-Founder, NCUC
>> Vice-Chair, Whois Review Team
>>
>>
>>  Hi,
>>>
>>> I agree, but I wonder whether it is  worth suggesting something that
>>> goes one step further, the protection of some legal persons (mostly NGO and
>>> other civil society orgs) whose day to day operations are concerned with
>>> protecting natural persons facing a variety of  physical threats.
>>>
>>> So, I suggest we support, but say it does not go far enough.
>>>
>>> (have not read it yet, going on your abstract -  if they do have such an
>>> exception - i support it all the way)
>>>
>>> avri
>>>
>>> On 21 Jan 2012, at 11:50, Wendy Seltzer wrote:
>>>
>>>  .CAT proposes to revise its Registry agreement to support withholding of
>>>> some WHOIS data by individuals who opt out. It will not offer this
>>>> opt-out to legal persons.
>>>>
>>>> I propose that NCSG support this amendment, with a simple: "NCSG
>>>> supports the availability of WHOIS privacy options for natural persons.
>>>> Accordingly, we support puntCAT's proposed amendment."
>>>>
>>>> --Wendy
>>>>
>>>> -------- Original Message --------
>>>> Subject: [council] .CAT WHOIS Proposed Changes - call for public
>>>> comments
>>>> Date: Fri, 20 Jan 2012 14:08:05 -0800
>>>> From: Glen de Saint Géry<Glen at icann.org>
>>>> To: council at gnso.icann.org<council**@gnso.icann.org<council at gnso.icann.org>
>>>> >
>>>>
>>>> http://www.icann.org/en/**announcements/announcement-**20jan12-en.htm<http://www.icann.org/en/announcements/announcement-20jan12-en.htm>
>>>> .CAT WHOIS Proposed Changes
>>>>
>>>> Forum Announcement: Comment Period Opens on Date: 20 January2012
>>>>
>>>> Categories/Tags: Contracted Party Agreements
>>>>
>>>> Purpose (Brief):
>>>>
>>>> ICANN is opening today the public comment period for the Fundacio
>>>> puntCAT's, request to change its Whois according to EU data protection
>>>> legislation. The public comment period will be closed on 3 March 2012.
>>>>
>>>> The .cat registry, submitted a Registry Service Evaluation Process
>>>> (RSEP) on August 2011.
>>>>
>>>> At this time, ICANN has conducted a preliminary review in accordance
>>>> with the Registry Services Evaluation Policy and process set forth at
>>>> http://www.icann.org/**registries/rsep/rsep.html<http://www.icann.org/registries/rsep/rsep.html>.
>>>> ICANN's preliminary
>>>> review (based on the information provided) did not identify any
>>>> significant competition, security, or stability issues.
>>>>
>>>> The implementation of the request requires an amendment to the .cat
>>>> Registry Agreement signed 23 September 2005. This public forum requests
>>>> comments regarding the proposed amendment.
>>>> Public Comment Box Link:
>>>> http://www.icann.org/en/**public-comment/cat-whois-**
>>>> changes-18jan12-en.htm<http://www.icann.org/en/public-comment/cat-whois-changes-18jan12-en.htm>
>>>>
>>>> Glen de Saint Géry
>>>> GNSO Secretariat
>>>> gnso.secretariat at gnso.icann.**org <gnso.secretariat at gnso.icann.org>
>>>> <mailto:gnso.secretariat@**gnso.icann.org<gnso.secretariat at gnso.icann.org>
>>>> >
>>>> http://gnso.icann.org
>>>>
>>>>
>>
>>
>
> --
> In April 2011, I started a new blog:
>
> ...thinking it over... after 21 years in Cambodia
> http://www.thinking21.org/
>
> continuing to share reports and comments from Cambodia.
> This is my latest posting:
>
> On Law Enforcement (8 January 2012)
> http://www.thinking21.org/?p=**682 <http://www.thinking21.org/?p=682>
>
>
> Norbert Klein
> nhklein at gmx.net
> Phnom Penh / Cambodia
>
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