[At-Large] Impressions from the Whois-Review

[Karl Auerbach]

On 01/31/2011 03:11 PM, Evan Leibovitch wrote:

> Why shouldn't third parties who are not law enforcement be able to verify
> the accuracy of the information provided?

That same argument can be made that for public health purposes that each 
and every one of us have our entire history of sex partners published, 
24x7, for anonymous access by any one for any purpose.

There is a thing called privacy.

As for law enforcement - even if they read an open telephone directory 
they are obligated, at least in the US, to adhere to due process 
constraints and are (arguably) supervised by courts, legislatures, 
executives, and the political process.  Private actors are not so 
constrained.

Simply put - law enforcement issues are outside of the whois access 
debates becase law enforcement already has access powers that are 
outside of those exercised by private actors and because those powers 
are already governed by due process constraints and oversight.

And simply put again - if someone wants to access whois they ought to be 
obligated to put their name and cards on the table and into a permanent 
record, backed by a concrete and specific accusation, backed by concrete 
evidence, and agree to an enforceable contract that constrains use and 
third party transfers of the data - before they get to see the goods.

		--karl--