Protecting privacy

[Rob Napier <robnapier@xxxxxxxxx>]

The ability to publish anonymously and pseudonymously has been a critical
part of society for centuries. Anonymous publications like The Federalist
Papers have changed the world. Dissidents  and oppressed groups can often
only tell their stories anonymously. The right to anonymity is not without
limits, but countries already have well established ways of applying those
limits. Warrants and court orders are the correct process for balancing the
importance of anonymity and the needs of law enforcement and litigation.

ICANN's privacy policies should have the clear intent to preserve privacy
to the greatest amount allowed by law and consistent with a stable and
efficient Internet. The existing system of registration and privacy proxies
achieves that goal. It is possible today to contact administrators of
misbehaving network nodes, and this should be ICANN's primary concern.

ICANN's privacy requirements should actively protect privacy. The
accreditation agreement should require that registrars *prevent* the
release of information the registrant has requested be private unless
compelled by a court order of appropriate jurisdiction or necessary in
order to maintain Internet stability.

Governments already provide mechanisms to pierce privacy in order to
enforce the law and settle legal disputes. ICANN has no need to restrict
privacy for these purposes and should avoid doing so.

I run a small consulting business out of my home. I am accessible to my
clients, and I am accessible by the government in case of any legal
dispute. I do not choose to make my family's home address available to
every curious party nor to every powerful company who can threaten my
registrar's accreditation. Like many in positions of influence in the
Internet community, I am a member of mostly privileged groups (male, white,
cis, heterosexual, etc.), and would likely be able to cope in any case. It
is easy to forget the millions who are not in privileged groups and have
very real and life-impacting privacy needs. We all need the strongest
possible protections from ICANN.