[At-Large] Impressions from the Whois-Review
Karl Auerbach
karl at cavebear.com
Mon Jan 31 23:27:25 UTC 2011
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--
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