[At-Large] Updates on the WHOIS WG

[RJGlass | America@Large]

Please pardon my directness, but for lack of time....

I think there is a very fine and fuzzy line between spamming and what you
refer to as 'legitimate business'.  Yes, indeed many times keeping data
confidential is the purpose to avoid the chicken-hawk attorneys* who
couldn't get a gig with the recording industry.  Similar in instance to 'the
corporate veil'.  This method is used all over, and is one of the founding
principles of corporations.  As an example, if I have a worthless opinion
about Pepsi, should I be able to contact the chairman to complain?  Should
my attorney be able to contact him/her at any time?  Opinions aside, I think
I would have a hard time contacting that person in reality.  Certain
channels must be followed.  But there are corporate documents that provide
that info, and usually reverts to another representative (designated
agent).  Therefore, if I wish to assign a designated agent, or wish to
assign an annonymous benefactor, I should have that ability to do so.

In my world, there is no good reason to contact me - even during xmas, and
nobody under the sun has a legitimate right to contact me for any reason.  I
don't even answer my phone without verifying the caller beforehand - one
good thing about technology.  It is what they call a right to privacy.  This
right is something not well provided to registrants.  I volunteer to be
contacted by being part of this group, and therefore participate.  However,
I fail to see how having my email or phone number in the WHOIS has anything
to do with anything.  Back in the day, it was necessary in order to ensure
the right person was contacted if - let's say, servers went down.  But, that
business is between me and my provider and irrelevant to the DNS.  Likewise,
if a registrar can identify a regsitrant, if suffices the purpose.

Of course, ICANN has the responsibility to identify registrants.  Personal
identifying factors can take many forms.

Everyone refers back to bad-faith and fraud as the reason everything in the
world should be public.  This is a false pretense.  We would have much more
luck in preventing spam and fraud if we were to work from the IP level,
which actually works most times.

*not meant to be directed at anyone unless someone is offended.

Randy Glass
A at L


On 7/18/07, José Ovidio Salgueiro A. <jsalgueiro at cantv.net> wrote:
>
>  In my private practice getting to know the mane and contact data of a
> domain name owner has proven useful.
>
> I undestand that WHOIS data base is also a way of getting addresses for
> spammig pourposes but we´re not going to stop spammer by eliminating contact
> data on said data base and we are going to cut the chance of contacting
> someone for legitimate business or to avoid legal actions.
>
> Sorry for the delay on posting my comment
>
>
>
> José Ovidio Salgueiro A.
> jsalgueiro at cantv.net
>
>
>
> ----- Original Message -----
> *From:* Brendler, Beau <Brenbe at consumer.org>
> *To:* Evan Leibovitch <evan at telly.org> ; Bret Fausett<bfausett at internet.law.pro>
> *Cc:* At-Large writ small <alac at atlarge-lists.icann.org>
>  *Sent:* Wednesday, July 11, 2007 10:15 AM
> *Subject:* Re: [At-Large] Updates on the WHOIS WG
>
>
> Evan wrote:
>
> >I believe that Beau is saying that legitimate proxy services are OK but
> that there must be a path to lead to a real source.
>
> Yes, that's what CR WebWatch is saying, and me, too. Thanks once again
> for your eloquence, Evan.
>
> -----Original Message-----
> From: Evan Leibovitch [mailto:evan at telly.org]
> Sent: Tuesday, July 10, 2007 11:02 PM
> To: Bret Fausett
> Cc: At-Large writ small; Brendler, Beau
> Subject: Re: [At-Large] Updates on the WHOIS WG
>
>
> Bret Fausett wrote
>
> > Ask that same person whether his minor daughter should be required to
> > publish her accurate contact data (name, address, email address,
> > telephone number) in a publicly accessible database as a condition of
> > getting an email address, a weblog, or a homepage, and he'll scream
> > "NO!"
> This is overreaction, judging from the thickness of my local telephone
> directory. Most people have no problem being tracked down to their phone
> number or address.
>
> People who get Internet access generally do so through an ISP that
> records fairly detailed information, at least enough for billing
> purposes, as well as usually an agreement to the ISP's terms of service.
> Such information is not _publicly_ available, but it's available with a
> warrant.
>
> While I am loathe to get dragged into "what about the children?"
> analogies, let's go with the one you used. If that minor daughter is
> engaging in on-line bullying of other kids or other kinds of threats,
> you're darned right that I want that activity tracable regardless of how
> loud she or her parents may scream. Privacy measures must never prevent
> people from facing the consequences of their actions. And being underage
> does not mean one is incapable of -- or should automatically escape
> responsibility for -- doing some pretty nasty stuff...
>
> The situation is no different for domains. I believe that Beau is saying
> that legitimate proxy services are OK but that there must be a path to
> lead to a real source.
>
> - Evan
>
>
> ***
> Scanned
>
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