[governance] Rights of the other 99.9% - privacy, ICANN, whois

Jeffrey A. Williams jwkckid1 at ix.netcom.com
Wed Aug 20 19:50:47 EDT 2008


Milton and all,

  Thank you for the proper refrence, and also thank you for the
correct clarification regarding John's flexing position.  Yet we
should not denegrate John's changeing positions as their may be
good reason for such as much as there may not be.

  My and our members position remains still unchanged in Whois
managment.  At this time, I don't see that position already clearly
and frequently articulated, changing.  Individual and personel privacy
is a right that too many have fought for, and some/too many have given
their very lives for.  The Internet and the DNS not withstanding.

  The fact that we are engaged in a global war on Terrorism in no
way changes or justifies reducing or abrogating privacy
rights.  And in fact, Ben Franklin was right now as he was in his
own time...

Milton L Mueller wrote:

> > -----Original Message-----
> > From: John Levine [mailto:icggov at johnlevine.com]
> >
> > If the WHOIS privacy crowd admitted that they were trying to carve
> > out an exception for the sliver of domains registered by individuals,
> > they might make some progress.  As it is, there's an alliance of
> > convenience between the trademark lawyers (who are indeed evil) and
> > various formal and informal law enforcement (who are trying to deal
> > with evil) that has valid arguments in favor of public WHOIS and
> > aren't going away.
>
> Massive groan.....
>
> I'm sorry, but John has followed the Whois debates closely enough to know that privacy advocates DID propose to carve out natural persons as the ONLY category of user whose Whois data would be shielded. And at the time we estimated openly that that applied to only about 20% of the domain holders, although no one knows for sure.
>
> It's documented in this report: gnso.icann.org/drafts/icann-whois-wg-report-final-1-9.pdf
> On page 33:
>
> AGREED:
> 􀂃 A distinction between legal and natural persons must be made.
> 􀂃 This distinction must be made by the Registrant at the moment of
> registration.
> 􀂃 There is no need for validation or a challenge mechanism to this selfdeclaration
> at the moment of registration so long as a post-registration
> mechanism exists.
>
> AGREED:
> The implication of this declaration is that the public display of WHOIS records
> must be different in the following way:
> Legal person: Full display of all WHOIS records
> Natural person: Limited display of WHOIS records
>
> Levine opposed the proposed change anyway. Now he claims that this was never on the table. Draw your own conclusions about the man's veracity.
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Regards,

Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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