[governance] Fwd: Story in National Journal on Whois Privacy
Robert Guerra
rguerra at lists.privaterra.org
Mon Dec 5 12:51:31 EST 2005
fyi
regards,
Robert
--
Robert Guerra <rguerra at privaterra.org>
Managing Director, Privaterra <http://www.privaterra.org>
Begin forwarded message:
> From: KathrynKL at AOL.COM
> Date: December 5, 2005 11:19:42 AM GMT-06:00
> To: NCUC-DISCUSS at LISTSERV.SYR.EDU
> Subject: Story in National Journal on Whois Privacy
> Reply-To: KathrynKL at AOL.COM
>
> And a story from the National Journal that might be of interest.
> Kathy
>
> Privacy: Privacy Advocates Push Changes To Domain Database
>
> Randy Barrett
> © National Journal Group, Inc.
>
> Privacy advocates are renewing their call to remove personal
> identifying information from the Whois database.
>
> The database carries name, address and telephone numbers for all
> domain name holders and is a key tool for law enforcement and
> intellectual property holders to track down online fraudsters.
>
> But critics say the current database breaks international personal
> privacy laws. "Our current domain-name system requires disclosure
> as a condition of entry -- in violation of data protection laws and
> freedom of expression principles worldwide," said Kathryn Kleiman
> in a presentation Tuesday in Vancouver, British Columbia. Kleiman
> is co-founder of the Noncommercial Users Constituency, an advisory
> group to the Internet Corporation for Assigned Names and Numbers.
>
> Laws in Canada, the European Union and Australia forbid the posting
> of personal data, said Kleiman. Nevertheless, registrars in those
> countries are required to post the data per ICANN rules.
>
> The Whois argument has been shuttling back and forth between
> privacy advocates and the law enforcement community, including the
> Federal Trade Commission, for more than four years. "We've been at
> a stalemate," Kleiman said.
>
> Kleiman and others argue that the existing personal data on Whois
> represents a security risk - some individuals have been
> successfully stalked using the address information.
>
> Whois critics also contend the detailed personal information is not
> necessary to run the modern Internet. "It is an artifact," said
> Ross Rader, who is a member of the registrar constituency group
> within ICANN.
>
> Rader supports removing the personal data and making it available
> only via subpoena. "Law enforcement has always had access to data
> through due process," he said.
>
> But Steven Metalitz, senior vice president of the International
> Intellectual Property Alliance, counters that the current
> information is a vital tool in quickly tracking down spammers,
> copyright thieves and phishers. "All that depends on public access
> to Whois," he said.
>
> Requiring a subpoena takes too much time, Metalitz added. In the
> case of phishers, who post copycat homepages that look like the
> real sites of legitimate companies to gather personal data, "the
> longer the site is up, the more damage it does," he said. "And what
> if the site is outside the U.S.?"
>
> The parties involved agree that a quick resolution to the debate is
> unlikely. "I don't think there will be a consensus on a total
> solution," said Metalitz.
>
> Rader and Kleiman hope the combination of noncommercial users and
> registrars can turn the tide in their favor. But any proposal must
> work its way through the ICANN deliberative process which is not
> known for its alacrity.
>
> "ICANN's mission is narrow and this database should be narrow" as
> well, said Kleiman.
>
> National Journal's Technology Daily PM Dec. 1, 2005ds
>
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