[At-Large] Impressions from the Whois-Review
Karl Auerbach
karl at cavebear.com
Wed Feb 2 23:12:53 UTC 2011
On 02/02/2011 01:46 PM, Bill Silverstein wrote:
> ...Third, you
> ignore the commercial aspect, of you running your little (or big) online
> store and your customer has a problem.
We have perfectly viable pre-existing systems for that.
I operate some of my domains in conjunction with a state (or city, an
arm of the state) business license, which is a public record.
And I have also published fictitious name statements, as required by law.
There is no need to burden the domain name system with mechanisms that
are well established and in current use.
You might complain that people on the net are not following those laws.
That would be a valid complaint. But the answer to that is to enforce
those laws, not create new ones and cause wholesale privacy violations
as a side effect.
I am perfectly happy with a requirement, whether from national,
regional, or local governments that a publicly accessible business
license be required of anyone engaging in commerce on the internet.
(Spamming I consider to be "in commerce".)
> You also ignore that when you register a domain name, you voluntarily
> agree to 3.7.7.1, 3.7.7.2 of the ICANN contract
I'd suggest that the word "voluntarily" is not particularly accurate.
ICANN controls a monopoly marketplace. When the choice is to agree or
to not be able to participate as a fully voiced member of the internet
community then the choice is more of a compulsion than a voluntary act.
I would also remind everyone that those contracts were created without
any valid public participation in the process.
Moreover, as I have mentioned, corporate entities are free under the
lex-ICANNia to use intermediate shell corporations in which the actual
hands of control are deeply shrouded and protected. Unless we accept
the proposition that corporations are more important than humans we
ought to allow humans to act with the same degree of self-protection as
we allow to corporations.
--karl--
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