[alac] Fwd: [ncdnhc-discuss] WHOIS Task Force Final Report - Dissenting Opinion from A Non-commercial Constituency Representative

[Erick Iriarte Ahon <faia@xxxxxxxxxxxxxxxxx>]

Hi

This email was send in the Non Commercial Constituency, and maybe can help 
us in our document.

Erick

> From: Ruchika  Agrawal <agrawal@xxxxxxxx>
> Cc: discuss@xxxxxxxxxxxxx
> Subject: [ncdnhc-discuss] WHOIS Task Force Final Report - Dissenting 
> Opinion from A
>  Non-commercial Constituency Representative
> Date: Mon, 17 Feb 2003 12:27:43 -0500
>
> Dear Co-Members of the WHOIS Task Force:
>
> As a non-commercial constituency representative on the WHOIS Task Force, I 
> am writing to express my dissenting opinion on the Task Force?s accuracy 
> recommendation.
>
> While I do not oppose accurate data per se, I do oppose the Task Force?s 
> recommendation to enforce accuracy of WHOIS information when the Task 
> Force has failed to adequately address privacy issues.  I also believe the 
> Task Force final report fails to reflect several suggestions made by 
> members to address this specific problem.  For this reason, the report 
> cannot fairly be described as a ?consensus? position.
>
> The Task Force failed to recommend appropriate privacy safeguards for 
> domain name registrants with reasonable and legitimate expectations of 
> privacy and the Task Force failed to assess the misuses of WHOIS 
> data.  The very existence of inaccurate data suggests that there are 
> domain name registrants who do care to safeguard their privacy and prevent 
> the misuse of their personally identifiable information.  Furthermore, a 
> number of comments submitted to the WHOIS Task Force?s recommendations 
> report raise privacy and data misuse issues that the WHOIS Task Force has 
> effectively ignored:
> ·       there must be a provision for individuals to keep their personal 
> phone numbers private (04 Dec 2002, see 
> http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/msg00005.html);
> ·       unlimited public access to WHOIS data poses real risks to 
> individuals (9 Dec 2002 , see 
> http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/msg00012.html);
> ·       the Task Force has failed to properly and fully address community 
> concerns regarding privacy (8 Jan 2003, 
> http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/msg00022.html);
> ·       the availability of personally identifiable information on WHOIS 
> raises major problems with respect to the increasingly serious problem of 
> identity theft (08 Jan 2003, see 
> http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/msg00023.html);
> ·       nothing in the Task Force?s report answers the primary question 
> regarding why personally identifiable information must be published to the 
> public at all (9 Jan 2003, 
> http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/msg00025.html);
> ·       choosing to use the domain name system for either personal or 
> professional use should not be a cause for the abuse your name, address, 
> phone number, fax number and e-mail (9 Jan 2003, 
> http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/msg00027.html);
> ·       and more.
> A number of privacy and data misuse issues have been expressed by way of 
> comments to the Task Force?s interim and final reports as early as July 
> 2002.  It is not clear what criteria the WHOIS Task Force is applying to 
> suggest that accuracy of WHOIS data supersedes legitimate privacy interests.
>
> Moreover, the non-commercial constituency representatives expressed the 
> need to address privacy protection:
> ·       links to postings discussing privacy issues, legitimate reasons 
> for concealing identity, free speech, etc. for the 2001 Congressional 
> Hearings on WHOIS/Accuracy (1 Jun 2002, 
> http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00368.html);
> ·       .uk whois database as a case study of WHOIS privacy issues (14 Jun 
> 2002, http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00410.html);
> ·       the European Commission?s views on the compliance of the .name 
> registration agreement with EU privacy laws, which also has implications 
> on .com/.org/.net WHOIS (4 Sep 2002, 
> http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00507.html);
> ·       WHOIS privacy issues including consumer protection, expectation of 
> privacy, etc. (30 Sep 2002, 
> http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00553.html);
> ·       not clear why the WHOIS Task Force is moving forward with accuracy 
> when privacy issues have not been adequately addressed (30 Dec 2002, lunch 
> meeting between myself and WHOIS co-chair Marilyn Cade);
> ·       not clear why the WHOIS Task Force is talking about uniformity and 
> accuracy without having completely addressed accessibility issues and 
> request for  a plan, or a strategy, and a time line to  resolve 
> accessibility issues (04 Jan 2003, 
> http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00800.html); and
> ·       appropriate privacy guidelines in the context of the Registrar 
> Accreditation Agreement (7 Jan 2003, GNSO WHOIS Task Force Teleconference).
> It is not clear why these points, which are central to the development of 
> a sensible WHOIS policy, are being put off.  Proposing a ?privacy issues 
> report? is unresponsive.  Postponing privacy issues while enforcing 
> accuracy also presents the unacceptable risk of privacy issues being 
> dismissed or resolved unsatisfactorily (see 
> http://gnso.icann.org/dnso/dnsocomments/comments-whois/Arc03/msg00004.html 
> and 
> http://gnso.icann.org/dnso/dnsocomments/comments-whois/Arc03/msg00006.html). 
> Minimally, enforcement of accuracy and insurance of privacy safeguards 
> should be concurrent.
>
> The WHOIS Task Force is well aware of these issues, but has chosen not to 
> address them. For this reason, I ask that my dissent be incorporated in 
> the Final Report as a Minority Report.
>
> Sincerely,
> Ruchika Agrawal
> Non-Commercial Constituency
> WHOIS Task Force
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