Re: [ga-sys] The EU Privacy issue

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

Hello William,
> 
> Having just read a more indepth report on what the actual rules are in
> the new EU Privacy rules, in fact I see nothing in there that effects
> the domain business in any way.

URL? 
> 
> The rule merely requires that the user be informed about the
> collection and dissemination, and given the opportunity to opt out of
> it.  

True, but currently they aren't being informed are they? Point me to the
clause in the current or future proposed Registry-Registrar Agreements that
states *how* the user is to be informed ? I suggest there is no legal
obligation to comply with the law in those Agreements and that there should
be an addendum to explicity assert the users legal right to be informed in
full.

It doesn't require the businesses to do business with those that
> choose to opt-out, so the opt-out can be in the form of "If you want
> to register a domain name, you agree to these terms.  If you do not
> agree to these terms, you may opt-out by not registering a domain
> name."

Rubbish. Offering a choice means just that. That does not mean to say that
options have to be offered at the same price. Opt-in could be encouraged by
discounts.
 
> 
> A domain name is not a right.

Actually, that is debateable. I may have an internationally recognized
Trademark and wish to dispute third party bad faith registration of the
TM.com. You are suggesting that UDRP would award the DN to the third party
on the basis that I am unwilling to disclose personal data, which it is my
legal right to do. This is silly.

There are requirements to register
> them.  These include fees, and various other stipulations in the
> agreement.  

It took 2 years of negotiations between the EU and Microsoft etc. to arrive
at a mutually acceptible agreement. The DNSO has only just started and has
yet to determine what are the specific purposes for which this information
is required in the public domain. (see postings on WHOIS Conditions of use).

Even if the Registries-Registrars can satisfy requirements for a particular
purpose to collect and disseminate the data, whether or not this is to be
accessible to millions of people in the public domain for "any lawful
purpose" through WHOIS is an entirely seperate consideration. So far as the
EU is concerned, "any lawful purpose" does not protect their citizens rights
of freedom to which they are entitled under the law.

Nothing I've read precludes the above situation from being
> the way domain registrars handle this issue.

You are correct, but as a small private corporation, you have more
flexibility and power to engage in discriminatory practices. ICANN seeks to
be representative of international interests and cannot afford such
luxuries.
> 
> Registrars who refuse to....well they can also be registrars for their
> local ccTLDs.
> 
Tell that to Register.com

Regards,
Joanna




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