[At-Large] [NA-Discuss] Please join the WHOIS working group
RJGlass | America@Large
jipshida at gmail.com
Sun Apr 15 15:43:39 EDT 2007
>From my point of view:
The WHOIS information is a little too public. Privacy services are often
offered by registrars at an additional cost. Therefore, it seems to me it
should be made a choice whether to make information public, and so too
should the cost of the privacy be a choice. Really, only ICANN and my
registrar should have my contact information. Not just anyone who wants to
mine the data from one of the many available access points.
Thanks,
Randy Glass
A at L
On 4/11/07, Wendy Seltzer <wendy at seltzer.com> wrote:
>
> Re-titled so that others may find this message in overflowing mailboxes:
>
> The GNSO is chartering another working group on WHOIS and the privacy
> issues implicated by its publicly available database of domain name
> registrants' identifying information (name, address, email, and
> telephone number). The previous working group proposed permitting
> registrants to replace this personal information with an "Operational
> Point of Contact," who could accept notices and pass them along to the
> registrant. The new working group is tasked with determining operational
> details of that plan, among other things.
>
> The working group is open to anyone, and since it is chartered to work
> by consensus rather than vote, individuals may actually have meaningful
> opportunity to shape the discussion here. Please, join us!
>
> More info at
> <http://gnso.icann.org/mailing-lists/archives/council/msg03357.html> and
> pasted below.
>
> Please email Maria Farrell (maria.farrell at icann.org) or the GNSO
> Secretariat (GNSO.SECRETARIAT[at]GNSO.ICANN.ORG) if you would like to
> join the working group.
>
> --Wendy
>
>
> As per the GNSO resolution in Lisbon, a WHOIS Working
> Group is being formed with a 120-day timeline. All
> may participate.
>
> The Charter for the WHOIS Working
> Group may be found here:
> http://gnso.icann.org/mailing-lists/archives/council/msg03357.html
>
> 1 Introduction
> The GNSO Council voted on 28 March, 2007 to create a Whois Working Group
> with a broad, balanced and representative membership to take the output
> of the WHOIS task force and carry out further work to address concerns
> raised by the community and seek to reach greater consensus around
> improvements to the WHOIS service that achieve a balance between
> providing contact information adequate to facilitate timely resolution
> of any problems that arise in connection with the Register Name, and the
> need to take reasonable precautions to protect the data about any
> identified or identifiable natural person from loss, misuse,
> unauthorized access or disclosure, alteration, or destruction.
>
> 2 Background
> Whois
> ICANN's agreements with gTLD registrars and gTLD registries require them
> to provide data concerning active Registered Names via three
> mechanisms: port-43 WHOIS, an interactive web page (often called WHOIS
> service), and third-party bulk access. The Registrar Accreditation
> Agreement (RAA) spells out which data is collected and which data is
> made available. The data includes contact information of natural
> persons that includes names, postal addresses, email addresses, fax and
> voice telephone numbers.
>
>
> Whois Policy Development Process (PDP)
> The GNSO is approaching the end of a PDP on Whois that should fulfill
> terms of reference agreed in June 2005. The terms of reference of the
> PDP (http://gnso.icann.org/policies/terms-of-reference.html) are to make
> policy recommendations to the Board on:
> 1.The purpose of the Whois service
> 2.The purpose of the Whois contacts (ie Registered Name Holder,
> technical contact, and administrative contact) and the purpose for which
> the data is collected.
> 3.Which data should be available for public access, and determine how to
> access data that is not available for public access.
> 4.How to improve the process for notifying a registrar of inaccurate
> data, and how to improve the process for correcting inaccurate data.
> 5.How to deal with any conflicts between the requirements of ICANN
> agreements, and local or national privacy laws
>
> Regarding term of reference #5, a Policy on conflicts between Whois
> requirements and local or national privacy laws was developed by the
> GNSO and approved by the Board on 10 May 2006. A draft Procedure for
> Handling Whois Conflicts with Privacy Law has been published on the
> ICANN website at
> (
> http://gnso.icann.org/issues/whois-privacy/whois_national_laws_procedure.htm
> ).
> The Final Task Force Report on Whois Services was submitted to the GNSO
> Council on 12 March, 2007. The Task Force Report and Staff Discussion
> Points on Potential Implementation Issues are available at
> http://icann.org/announcements/announcement-16mar07.htm. The GNSO
> Council met to consider the WHOIS task force report on Saturday 25 March
> 2007, and also met with the Government Advisory Committee. Various
> concerns were raised regarding some of the recommendations in the
> report, and subsequently the GNSO Council met on Wednesday 28 March and
> decided to form a working group to attempt to resolve some of the issues
> raised.
>
>
> 3 Objective
> The objective of the WG is to examine the issues raised with respect to
> the policy recommendations of the task force and make recommendations
> concerning how those policies recommendations may be improved to address
> these issues.
>
> 4 Work Plan
> 4a Define the roles, responsibilities, and requirements of the
> contacts
> available for unrestricted public query-based access, and what happens
> if the responsibilities are not fulfilled.
>
> 4b. Determine how third parties may access registration data that is
> no
> longer
> available for unrestricted public query-based access for legitimate
> activities.
>
> The GAC Policy Principles on gTLD Whois Services (dated 28 March 07)
> sets out a list of legitimate (subject to applicable national law)
> activities, including:
>
> 1. Supporting the security and stability of the Internet by providing
> contact points for network operators and administrators, including ISPs,
> and certified computer incident response teams;
>
> 2. Allowing users to determine the availability of domain names;
>
> 3. Assisting law enforcement authorities in investigations, in
> enforcing
> national and international laws, including, for example, countering
> terrorism-related criminal offences and in supporting international
> cooperation procedures. In some countries, specialized non governmental
> entities may be involved in this work;
>
> 4. Assisting in combating against abusive uses of Information and
> Communication Technologies (ICTs), such as illegal and other acts
> motivated by racism, racial discrimination, xenophobia, and related
> intolerance, hatred, violence, all forms of child abuse, including
> paedophilia and child pornography, and trafficking in, and exploitation
> of, human beings.
>
> 5. Facilitating enquiries and subsequent steps to conduct trademark
> clearances and to help counter intellectual property infringement,
> misuse and theft in accordance with applicable national laws and
> international treaties;
>
> 6. Contributing to user confidence in the Internet as a reliable and
> efficient means of information and communication and as an important
> tool for promoting digital inclusion, e-commerce and other legitimate
> uses by helping users identify persons or entities responsible for
> content and services online; and
>
> 7. Assisting businesses, other organizations and users in combating
> fraud, complying with relevant laws, and safeguarding the interests of
> the public.
>
>
>
> 4c Determine whether and how a distinction could be made between the
> registration contact information published based on the nature of the
> registered name holder (for example, legal vs. natural persons) or its
> use of the domain name (for example, commercial versus non-commercial
> use)..
>
>
> The membership of this WG extends to the following:
>
> • Nominating Committee appointed GNSO councilors
> • GNSO constituency members
>
> In addition, observers and liaisons may join the
> working group on the following basis:
>
> Observers shall not be members of or entitled to vote
> on the working group, but otherwise shall be entitled
> to participate on equal footing with members of the
> working group. In particular observers will be able
> to join the mailing list, and attend teleconferences
> or physical meetings.
>
> Observers must provide their real name, organization
> (if associated with an organization) and contact
> details to the GNSO secretariat, and the GNSO
> secretariat will verify at least their email address
> and phone contact information. Observers will also be
> requested to provide a public statement of interest,
> as for working group members.
>
> The email address of the GNSO Secretariat is
> GNSO.SECRETARIAT[at]GNSO.ICANN.ORG
>
> --
> Wendy Seltzer -- wendy at seltzer.org
> Visiting Assistant Professor of Law, Brooklyn Law School
> Fellow, Berkman Center for Internet & Society
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
>
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