[ga] Re: Response by Board Candidate to Whois question - RegistrantsCharter (1)

[Joanna Lane <jo-uk@rcn.com>]

on 8/9/01 11:23 PM, DannyYounger@cs.com at DannyYounger@cs.com wrote:
 
> 13.  What is your position regarding the sale of Bulk WHOIS data?

I have written extensively on the Whois topic generally on the ga-sys
sublist and am reposting three documents in quick succession in response to
this one question. This is the first.
http://www.dnso.org/clubpublic/ga-sys/Arc00/msg00007.html

----------
From: Joanna Lane <jo-uk@rcn.com>
Date: Tue, 15 May 2001 12:17:09 -0400
To: <ga-sys@dnso.org>
Subject: [ga-sys] Registrants Charter - FREEDOMS - Part 1

This document draws attention to one significant discrepancy between
ICANN-adopted policy, and the European Commission-adopted policy with regard
to Registrar-Registrant Agreements.

Freedoms granted December 2000 require that all EU citizens of the 15 member
nations who chose to register Second Level Domain Names as individuals shall
have the right to opt out of the WHOIS database altogether.

Under Chapter II, Article 8, the name and postal address of the SLD holder
is regarded by the European Community as personal data that Registries -
Registrars are not at liberty to publish in the public domain as part of
their operations.

___________________________________________________________________________

Having regard to The Charter of Fundamental Rights of the European Union, Mr
Romano Prodi, President of the Commission states:-

'In the eyes of the European Commission, by proclaiming the Charter of
Fundamental Rights, the European Union institutions have committed
themselves to respecting the Charter in everything they do and in every
policy they promote (...). The citizens of Europe can rely on the Commission
to ensure that the Charter will be respected (...)'.

(Nice, 7 December 2000)
http://www.europarl.eu.int/charter/default_en.htm

CHAPTER II - FREEDOMS

Article 6 - Right to liberty and security
Everyone has the right to liberty and security of person.

Article 7 - Respect for private and family life
Everyone has the right to respect for his or her private and family life,
home and communications.

Article 8 - Protection of personal data
1. Everyone has the right to the protection of personal data concerning him
or her.

2. Such data must be processed fairly for specified purposes and *on the
basis of the consent of the person concerned or some legitimate basis laid
down by law* (emphasis added). Everyone has the right of access to data
which has been collected concerning him or her, and the right to have it
rectified.

3. Compliance with these rules shall be subject to control by an independant
authority.

Article 38 - Consumer protection
Union policies shall ensure a high level of consumer protection.

_________________________________________________________________

Having regard to the European Parliament resolution on the Commission
communication to the Council and the European Parliament on 'THE
ORGANISATION AND MANAGEMENT OF THE INTERNET'

A.  whereas balanced international representation must be achieved within
ICANN (Internet Corporation for Assigned Names and Numbers), so that due
account may be taken of all five geographical areas covered by the
organisation,

H.  whereas the Union can give a new impetus to Internet management; whereas
the Commission has a role to play in this connection, both with regard to
the development of self-regulation, the possible framing of European
legislation (where appropriate) and with a view to future international
agreements,

I.  whereas the Commission plays a major role in the coordination of
Internet management and in negotiations with the United States in this area,

J.  whereas the consultations between the Commission, the private sector and
civil society regarding Internet management are also of major importance and
should therefore be encouraged,

K.  whereas the provision of access to and the protection of data published
on the Internet should be regulated,

L.  whereas the expansion of the Internet and the liberalisation of the
telecommunications industry are interrelated,

<snip>

14.  Draws attention to the fact that, with a view to ensuring the
development of the Internet within the Union, the Commission should develop,
in conjunction with ICANN, effective codes of conduct (supported by
legislation as appropriate), to cover the allocation and protection of
domain names, action to combat fraud and cybersquatting, and *access to
personal data and the security and protection thereof* (emphasis added);
considers it necessary to define not only the arrangements for settling
disputes between the US and the EU, but also a universal method which will
not be subject to differing national regulations or to merely bilateral
treaties;


_______________________________________________________________________

Part 2 will be posted in due course.





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