[NCUC-DISCUSS] More visibility for ARDS questions?

[Jean Guillon]

Hello all,

Would that be OK to make these questions public on LinkedIn so the
1200 members of "the new genericTop-Level Domains group"are informed
by email the ARDS is a major topic ?

Please confirm. Thank you.

Jean Guillon


>
> Questions (please add more!):
> 1)      Is the Expert Working Group really recommending that every element
> of the existing Whois be included in this Centralized Database, including
> name, address and phone, and also never-before-collected data elements such
> as the Purpose of the Domain Name (and whether it is commercial or
> non-commercial – a long abandoned concept because most domain names of
> individuals and organized have elements of both fundraising and
> noncommercial protected speech).
>
>
>
> 2)      If the registrant data will now be held by the Registrar, Registry
> and Centralized Database, how is all access routed to only one source?
> Won't law enforcement and others seeking the data have three places from
> which to request it?  If not, how can ICANN limit the cooperation of a
> Registry and its national government, for example?
>
>
>
> 3)      How can the Centralized Database know what is a valid purpose or
> invalid purpose?  Won't requesters say the right thing to get the data? But
> without any threshold or required showing of need or problems, doesn't it
> all amount to a bottom line of -- I want the data and have shown you that I
> exist?
>
>
>
> 4)      How can/will abuse of EWG data be monitored and controlled?
> Including by law enforcement? If the limitation and policing are not done
> upfront, don’t we impose a huge burden on the registrant for policing?
>
>  h
>
> 5)      How easy will it be for the Registrant will be able to find out who
> is searching his/her/its data?
>
>
>
> 6)      Isn’t the new model imposing major new risks – including Big Data,
> new data elements (with no proposal to streamline or limit data) and
> searching across all gTLDs on a massive scale that is impossible today?
>
>
>
> 7)      Do privacy protections for the Centralized Database depend on where
> it is located?  Who would determine that - the EWG? ICANN? The GNSO?
>
>
>
> 8)      A Risk Analysis seems critical – and very, very soon.  When will
> that take place and when will its results become known to the ICANN
> Community?
>
>
>
> 9)      Authentication of those requesting the Registrant Data, as proposed
> by EWG, is a good idea. Credentialing (also as proposed by EWG) may not be
> –as it seems to imply that the same person or law firm or law enforcement
> agency gets access again and again to the Centralized Database of Registrant
> Data – rather like a library card for books at a public library. Is this
> analysis right or wrong?
>
>
>
> 10)  How can the bad actor category include that bad actors come from nearly
> every category of user – and not just spammers?  Bad actors in the Whois
> space include intellectual property attorneys, individuals and even law
> enforcement: who go “fishing” and explore for bad acts beyond any real proof
> or specific allegation, and those who seek to find registrants for the
> purpose of harassment and intimidation (including to give up domain names
> they are otherwise entitled to) and disclosure of physical location (to
> harass, stalk and intimidate, e.g.,for purposes of physical violence or to
> stop exercise of unpopular free speech positions).  [There is considerable
> use of Whois data currently to allow big companies and entities to
> intimidate individuals, organizations and small/home-based businesses.]
>
>
>
> 11)  Why have 3 places that individuals, attorneys and law enforcement can
> get data: Registrars, Registries and Centralized Database?  If that’s not
> the case, what stops law enforcement from going to a Registry in their
> country for the data directly? What stops this from being a 3-way shopping
> path?
>
>
>
>
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--
Jean Guillon
Mobile: +33.631109837
Contact info: Guillon.tel
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