[At-Large] Impressions from the Whois-Review

Evan Leibovitch evan at telly.org
Tue Feb 1 00:34:29 UTC 2011

Asked and answered.

There is a distinction -- that most people and governments seem perfectly
capable of making -- between the rights of individuals and the rights of
disembodied entities.
This distinction appears to be totally lost on advocates of registrant

Just as any business, trademark or non-profit can be casually and easily
traced its owners/stakeholders -- even in jurisdictions that put huge value
on the privacy of individuals -- so should domains.

- Evan

On 31 January 2011 18:27, Karl Auerbach <karl at cavebear.com> wrote:

> 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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Evan Leibovitch, Toronto Canada
Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56

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