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Re: [ga] Re: General Counsel on .name WHOIS


Alexander and all assembly members,

Alexander Svensson wrote:

> >FYI: http://www.icann.org/minutes/report-gnr-whois-26nov02.htm
> >
> >...
> >
> >Recommendation
> >
> >In view of the above analysis, I recommend that the Board approve
> >the amendment to the Registry Agreement as requested by GNR.
>
> On the substance of the proposal: I think it is a good idea
> for gTLD registries, registrars and registrants to gather
> some experience with privacy protection in the Whois database.

  There is already a wealth of of experience and knowledge
in the privacy issue to make a decision in this regard.  I would
have thought by now Alexander, you would have recognized that
as it has been a topic of discussion on this and a host of other
forums as well as on several CNN interviews.  Hence I am a bit
baffled and concerned as to your comment above with regards
to grasping this area on this issue well...

>
> Free public access to non-personal data and restrictions with
> regards to personal data are a way forward, and we will have
> to see whether there are attempts to abuse the detailed and
> extensive lookup capabilities.

  Abuses have already occurred in a number of instances.  Several
were reported on this very forum if you recall.  So we also already know

that if there is an opportunity, the abuse will definitely occur.  Those

occurrences may fluctuate or vary from time to time of course but
any such exposure is unexceptable as a huge number of registrants
have already pointed out.  So again, I am a bit concerned as to
your comment here in whether you have a adequate grasp
of the known history and knowledge base of this obvious
unnecessary exposure to registrants as well as it's obvious
impact of security post 911...

> There are of course already
> various models for Whois privacy in the ccTLD environment
> (e.g. you will not find a registrant's or admin-c's home
> phone number in the .de Whois), but in the gTLD space, this is
> a move in the right direction.

  Well it is clear that the majority of participating gTLD registrants
are not wanting their personal and private information such as
home Phone # and home address or even the Admins. HOME
phone # and address.  That information is personal an private,
and should remain so.

>
>
> Since the change was probably largely to the fact that Global
> Name Registry is subject to UK laws, this could become quite
> interesting when other Europe-based registry operators run
> new gTLD which are not solely targeted at individuals.

  Specialized TLD's are not gTLD's as you seem to suggest here
Alexander.  Indeed they are quite different in nature as they
would be chartered for a specific set of potential registrants.

>
>
> Procedurally, I think the analysis correctly states that the
> proposal "appears not to threaten any significant harm to
> legitimate interests of third parties" and should therefore
> be approved.

  I believe that any and all registrants/stakeholders/users should
have the opportunity to vote on whether or not they in the majority,
view this proposal reasonable or expectable.  My guess is though
that this opportunity will never occur.  As such the MoU and the
White Paper will again be circumvented inappropriately and
at some point in time legal action(s) will ensue in earnest as a result.

> However, this is yet another case where the
> registries, the registrars and the IP constituency submit
> statements -- and we lack a voice of registrants/individual
> users. I do hope we get an Interim ALAC which quickly becomes
> familiar with gTLD issues and provides input on issues like this.

  The ALAC in no way represents any stakeholders/users to date.
It has no individual members.

>
>
> Best regards,
> /// Alexander
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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