[At-Large] [WHOIS-WG] ICC Policy Statement on Cross- Border Law Enforcement vs Privacy Laws

Carlton Samuels carlton.samuels at gmail.com
Fri Mar 23 14:56:15 UTC 2012

Personally it was not surprising to me.  Just about every business I know
consider web resources as assets.  So for them, 'search and/or seizure' in
the virtual world and any charge on their 'good will' capital have the same
impact as would be experienced in the 'brick and mortar' world. Plainly,
 bad for business.

The ALAC WHOIS position embraces several principles 1) a contract as a
worthy vehicle to express a consensus policy 2) contract enforcement as a
responsible tool for conservation of a consensus policy 3) equal weight to
proxy and/or privacy registrations presumed on informed consent with strict

In effect, the ALAC posture is for enforcement of Clause 3 of the RAA now
in force, predicated on informed consent at collection.

This Clause commits the Registrar to collect certain data elements (*the
dataset*) and to make them available for public inquiry with certain
limitations and exceptions, all outlined in sections of that Clause.

The dataset at issue consists of the following elements:

1. The name of the Registered Name;

2. The names of the primary nameserver and secondary nameserver(s) for the
Registered Name;

3. The identity of Registrar

4. The original creation date of the registration;

5. The expiration date of the registration;

6. The name and postal address of the Registered Name Holder;

7. The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the Registered

8. The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the administrative contact for the
Registered Name.

The controversy surrounding privacy in our community  is centred on the
collection, processing and access  to elements 1, 6, 7, 8, especially the
finer sub-elements of 6, 7 and 8  and the extent to which these must be
faithfully recorded and be accessible.

- Carlton

Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*

On Fri, Mar 23, 2012 at 4:21 AM, Lutz Donnerhacke <lutz at iks-jena.de> wrote:

> On Thu, Mar 22, 2012 at 10:05:36PM -0500, Carlton Samuels wrote:
> >
> http://www.iccwbo.org/uploadedFiles/Law_enforcement_access_to_company_data_final_20March12.pdf
> Thank you for pointing to this document. To my honest surprise the paper
> asks
> the the Law Enforcement Agencies to respect the laws in other countries and
> urges them to use cross-country law enforcement frameworks.
> Breaking it down to WHOIS, it declares the "global, unrestricted access to
> complete data" as a violation of data protection and privacy laws.
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