Re: [gnso-dow123] Proposal Premise Presupposes Publication

[Vittorio Bertola <vb@xxxxxxxxxxxxxx>]

Il giorno mar, 26-04-2005 alle 13:13 -0400, Ross Rader ha scritto:
> For these reasons, I'm not inclined to support this proposal in advance
> of actually dealing with the privacy rights and disclosure obligations
> found in ICANN's whois policy.

I tend to share the same feeling. I think that the entire agenda is
wrong and that a proposal like this one is unacceptable in front of a
clear lack of will to address the implementation of basic privacy levels
in domain name registrations, apart from some vague statements like "we
will do it in the future" that have been repeated over and over for five
years or so.

Also, there are some specific parts of the proposal that I can't support
on a matter of principle; for example, the idea stated in the preamble
that the role of privacy in Whois is essentially that of a nuisance to
competition; the lack of any clear indication that this is meant to be a
temporary measure (or better, even an expiration date for this policy);
and the general orientation that would push solutions to preserve
compliance with contractual obligations as much as possible (as if
ICANN contracts were to be held higher than constitutional rights, and
as if national Parliaments were a disturbance to business that must be
reduced to the minimum).

I am not sure whether I can actually explain this sense of frustration
that comes from having a right recognized by law and seeing the
regulator that should put it in place try to escape to its factual and
moral obligations... but that's exactly what I feel now.
-- 
vb.             [Vittorio Bertola - v.bertola [a] bertola.eu.org]<-----
http://bertola.eu.org/  <- Prima o poi...