[At-Large] [WHOIS-WG] Fwd: WHOIS Policy Review Team Final Report

Thu May 17 09:47:46 UTC 2012

On 05/14/2012 03:46 PM, Carlton Samuels wrote:
> Dear Wendy:
> So noted.
> 
> I would encourage you to lay out the reasoning for your position to this
> list as well as on the wiki.

I have asked for a redline of the report against its draft version, but
in the meantime, repeat the NCSG's concerns that privacy should be given
much more substantial weight in the WHOIS analysis:

http://forum.icann.org/lists/whois-rt-draft-final-report/msg00020.html
 The report should explicitly recommend that WHOIS policy recognize
 that registrants, both individual and organizations, commercial and
 non-commercial, have a legitimate interest in, and in many jurisdictions
 the legal right to, the privacy of their personal data.

 In the normative discussion, privacy should be given equivalent emphasis
 to accuracy. It would be instructive in this regard to reference the
 OECD privacy guidelines, agreed to by all OECD member countries with input
 from business and civil society. Data accuracy (or 'quality') is considered
 by OECD members to be of equal importance to purpose specification, use
 limitation and security safeguards, none of which factors are supported by
 Whois as it currently operates. (OECD Guideline reference:
 http://www.oecd.org/document/18/0,3343,en_2649_34255_1815186_1_1_1_1,00.html
 )

 It is as important that registrants have privacy as that
 their data be accurately recorded. At the moment, the report appears,
 from its emphasis on access and accuracy, to discount those privacy
 concerns that are accepted by all OECD member states and participating
 business and civil society actors as having equal importance.

--Wendy

> 
> Kind regards,
> - Carlton
> 
> ==============================
> Carlton A Samuels
> Mobile: 876-818-1799
> *Strategy, Planning, Governance, Assessment & Turnaround*
> =============================
> 
> 
> On Mon, May 14, 2012 at 3:24 AM, Wendy Seltzer <wendy at seltzer.com> wrote:
> 
>> On 05/13/2012 05:26 PM, Carlton Samuels wrote:
>>
>>> Speaking as Chair of the At-Large WHOIS WG, I shall recommend that the
>> ALAC
>>> issue a statement fully endorsing the recommendations of the Final Report
>>
>> As a member of the WG, I recommend against that.
>>
>> --Wendy
>>
>>> - Carlton
>>>
>>>
>>> ==============================
>>> Carlton A Samuels
>>> Mobile: 876-818-1799
>>> *Strategy, Planning, Governance, Assessment & Turnaround*
>>> =============================
>>>
>>>
>>> **
>>>  [image: ICANN] <http://www.icann.org/> News Alert
>>>
>>> http://www.icann.org/en/news/announcements/announcement-11may12-en.htm
>>> ------------------------------
>>> WHOIS Policy Review Team Final Report
>>>
>>> 11 May 2012
>>>
>>>
>>>  *Forum Announcement:* Comment Period Opens on *Date:* 11 May 2012  *
>>> Categories/Tags:*
>>>
>>> Reviews/Improvements
>>> WHOIS Policy
>>> Transparency/Accountability
>>>  *Purpose (Brief):* The WHOIS Policy Review Team, constituted under
>> ICANN's
>>> Affirmation of Commitments (AoC) agreement with the U.S. Department of
>>> Commerce, submitted its *Final Report and
>>> Recommendations<
>> http://www.icann.org/en/about/aoc-review/whois/final-report-11may12-en.pdf
>>>
>>> * to the ICANN Board and this document has been posted for public
>> comment.
>>> *Public Comment Box Link:*
>>>
>> http://www.icann.org/en/news/public-comment/whois-rt-final-report-11may12-en.htm
>>>
>>>
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>>>
>>> _______________________________________________
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>>> WHOIS-WG at atlarge-lists.icann.org
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>>>
>>> WHOIS WG Wiki:
>> https://community.icann.org/display/atlarge/At-Large+Whois+Policy
>>
>>
>> --
>> Wendy Seltzer -- wendy at seltzer.org +1 617.863.0613
>> Fellow, Yale Law School Information Society Project
>> Fellow, Berkman Center for Internet & Society at Harvard University
>> http://wendy.seltzer.org/
>> https://www.chillingeffects.org/
>> https://www.torproject.org/
>> http://www.freedom-to-tinker.com/
>>
> 

-- 
Wendy Seltzer -- wendy at seltzer.org +1 617.863.0613
Fellow, Yale Law School Information Society Project
Fellow, Berkman Center for Internet & Society at Harvard University
http://wendy.seltzer.org/
https://www.chillingeffects.org/
https://www.torproject.org/
http://www.freedom-to-tinker.com/