You all may have something in the works already, but while it was on my
mind, I took a few minutes this afternoon and drafted a possible statement
on whois for the ALAC. It's below as text and attached in Word. I won't be
available in the early morning hours in Marrakech, so I turn this over to
the group to take forward, revise, or drop.
Bret
-- START --
ALAC STATEMENT ON CURRENT WHOIS ISSUES
In light of the focus on whois during this meeting in Marrakech, the
At Large Advisory Committee wishes to suggest a path forward that will
address the many concerns of end-users and domain name registrants on all
sides of the current debate.
The ALAC recognizes that end users and domain name registrants are
the ultimate beneficiaries of the use of whois data by law enforcement and
internet service providers seeking to combat fraud, spam and illegal
activity on the Internet. These laudable goals should not be compromised. At
the same time, end users and domain name registrants also put their personal
security and privacy at risk by compulsory disclosure of their contact data
on the Internet. These security and privacy issues need to be addressed.
The ALAC does not believe, however, that these twin concerns are
incompatible. The ALAC believes that the following principles, listed here
today for public discussion, may provide a way forward for the whois debate:
1. Collection of Accurate Data. In order to address issues arising
from the registration and use of a domain name, accurate contact information
is vital. The ALAC encourages registrars to use available methods to collect
accurate contact data and to keep such date up to date.
2. Public Display of Personal Data. In order to protect the security
and privacy of domain name registrants, personally identifying information
-- such as the mailing address, e-mail address and telephone number of the
registrant -- should not be publicly displayed to every user who wishes to
see it.
3. Tiered Access. Tiered access to whois data is one way to address
the legitimate security and privacy concerns of end-users. In a
tiered-access system, law enforcement, ISPs, and others with a demonstrated
legitimate need for complete registrant contact data would be able to enroll
in an access program that would provide complete contact data for any gTLD
registrant. The ALAC believes that a tiered access program for whois data
would be one way to address the competing concerns of end-users and domain
name registrants.
4. Market-Based Solutions. Over the years, registrars have created a
variety of methods for protecting the privacy of domain name registrants,
such as through the use of proxy services. So long as the registrar has
accurate contact information for the registrant and agrees to act as an
intermediary for the registrant for purposes of contact by third-parties,
the ALAC endorses these market-based solutions to registrant privacy. The
ALAC does not believe that ICANN should take any steps that would prevent
registrars from offering such services to domain name registrants.
-- END --