[bc-gnso] Re: FOR REVIEW: draft BC comment on study of Whois misuse

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

David — thanks for that suggestion.  Here’s my reaction for you and the 
drafters of this comment:

The whole point of this study was to test the validity of claims by privacy 
advocates that misuse of public Whois was responsible for spam, harassment, and 
other abuse of registrants.

First, we should say that this latest study does not document abuse arising 
from public access, so there is no justification to limit public access.

Second, we can claim that any restrictions on whois access that might be 
contemplated should nonetheless preserve access by any party needing to know 
the identity of who controls a domain where there is evidence of actionable 
harm.

From: <Fares>, David Fares <DFares@xxxxxxxx<mailto:DFares@xxxxxxxx>>
Date: Tuesday, January 14, 2014 at 4:43 AM
To: Steve DelBianco 
<sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>>, 
"'bc-GNSO@xxxxxxxxx<mailto:'bc-GNSO@xxxxxxxxx> GNSO list'" 
<bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx>>
Subject: RE: FOR REVIEW: draft BC comment on study of Whois misuse

Steve,

Thank you for a well drafted statement.  Would it  be possible to incorporate 
into the comment that measures to address misuse should not jeopardize access 
to Whois data?

Thanks,
David

From: owner-bc-gnso@xxxxxxxxx<mailto:owner-bc-gnso@xxxxxxxxx> 
[mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of Steve DelBianco
Sent: Friday, January 10, 2014 8:42 PM
To: 'bc-GNSO@xxxxxxxxx<mailto:'bc-GNSO@xxxxxxxxx> GNSO list'
Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse

ICANN posted a  
Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en.pdf>
 on Whois Misuse.

Back in 2009 the BC prompted this study to learn whether "Public access to 
WHOIS data leads to a measurable degree of misuse – that is, to actions that 
cause actual harm, are illegal or illegitimate, or otherwise contrary to the 
stated legitimate purpose."

We discussed this study on our 5-Dec member call.  Three BC members volunteered 
to review and draft comments on the study  (Jimson Olufuye, Susan Kawaguchi, 
John Berard).

As discussed on our 9-Jan call, their proposed comment is brief and should be 
easy for members to do an expedited review before ICANN's due date of 
18-Jan-2014.

So please review the attached and REPLY ALL with your comments or objections 
before 18-Jan-2014.

Thanks again to Jimson, Susan, and John for stepping-up to this.

Best,
Steve DelBianco
Vice chair for policy coordination


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