[ALAC] Fwd: Re: [gnso-thickwhois-dt] a modest amendment to our charter point on "privacy and data protection"

Alan Greenberg alan.greenberg at mcgill.ca
Tue Oct 16 21:40:41 UTC 2012

FYI, my reply to the Thick Whois DT.


>To: "Gnso-thickwhois-dt at icann.org DT" <Gnso-thickwhois-dt at icann.org>
>From: Alan Greenberg <alan.greenberg at mcgill.ca>
>Subject: Re: [gnso-thickwhois-dt] a modest amendment to our charter 
>point on "privacy and data protection"
>I have surveyed the ALAC on the new wording that Avri has supplied. 
>The consensus (but not unanimous) view is that the current wording 
>in the Proposed charter should stand.
>The issue raised in Avri's message that I have copied below formed 
>part (but not all) of the rationale. Although I personally do not 
>believe that there is any substantive issue related to mentioned 
>rights and thick/thin Whois, *IF* this is indeed an issue, then is 
>has far wider impact that the narrow scope of this PDP allows, and 
>should be the subject of a separate PDP.
>At 15/10/2012 08:54 PM, Avri Doria wrote:
>>In sense though ww will also be talking about how thick whois is to 
>>be done by all registries.
>>Both in the new gTLDs and the incumbents, even those already doing thick.
>>So this affects every Registry, every Registrar and every Registrant.
>>And there are, in my view, jurisdictional implications in Thick 
>>Whois that are different from Thin Whois.  Most of these center 
>>around the fact that once the Registry also has the Whois info as 
>>opposed to just the Registrar, people in Canada, e.g., no longer 
>>have the data privacy, consumer etc rights they have in Canada, 
>>because someone can base demands etc on the laws of the Registry's 
>>country of business as well.

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