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

Adam Peake ajp at glocom.ac.jp
Thu May 17 10:41:14 UTC 2012


I've not read the report carefully, but seems very many efforts made
to discuss with law enforcement,  comprehensive outreach to the that
community.  Much less mention of data protection/privacy
commissioners. Interested to know if data protection commissioners
were consulted on the final draft before it was released.

Adam



On Thu, May 17, 2012 at 6:47 PM, Wendy Seltzer <wendy at seltzer.com> wrote:
> 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
>>>>
>>>>
>>>>  This message was sent to carlton.samuels at gmail.com from:
>>>>
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>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>>> https://atlarge-lists.icann.org/mailman/listinfo/whois-wg
>>>>
>>>> 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/
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