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Re: [gnso-dow123] Consumer protection survey

  • To: Steve Metalitz <metalitz@xxxxxxxxxxxxx>
  • Subject: Re: [gnso-dow123] Consumer protection survey
  • From: Ross Rader <ross@xxxxxxxxxx>
  • Date: Fri, 28 Oct 2005 17:32:45 -0400


Are you proposing that whois become a global tool for accountability?

Steve Metalitz wrote:
Another way to look at it is that a global tool for accountability
should not be denied to users just because one country provides another
means through its laws.


Along that line, and relevant to our task of clarifying the purpose of
the various contacts within Whois, I have a short article from the BNA
Electronic Commerce and Law Report describing a German court ruling on
September 29 "that the administrative contact of a domain name shares
liability for unlawful spam sent from the domain." The report
emphasizes that the contact incurs liability "merely as a result of
occupying that position," and not as a result of also being "listed in
the Web site imprint," which I assume is the mechanism Tom refers to
below.


There is a link with the article where a copy of the decision can be
found, but the copy is in German which unfortunately I don't read.
It is not stated in the report whether the domain in question was
registered in a gTLD.


Steve

-----Original Message-----
From: Thomas Keller [mailto:tom@xxxxxxxxxx] Sent: Friday, October 28, 2005 3:44 AM
To: Steve Metalitz
Cc: gnso-dow123@xxxxxxxxxxxxxx; Niklas Lagergren
Subject: Re: [gnso-dow123] Consumer protection survey


In Germany there is a law stating that every owner of a website run for
commercial means has to point out his identity on it. Any failure to so
or the provision of wrong data can be ground to close down that site.
What I'm trying to say is that there are more then enough ways to deal
with this issue except whois. Since whois is a global technology it
certainly should not be used to fix local problems.

Best,

tom

Am 27.10.2005 schrieb Steve Metalitz:
Task Force members may be interested in a major US consumer survey released yesterday under the title, "Do we trust the Internet? Our
poll
finds that Web users are increasingly wary and demanding." 48
percent
of respondents said knowing who owns a Web site is very important. This was up 16 points from results obtained in 2002, the biggest increase recorded for any category in the survey. When those who said

this was "somewhat important" are included, the total approaches 80%.
Of course, Whois is one way this knowledge can be obtained.


See
http://www.consumerreports.org/main/content/display_report.jsp?WebLogi
cS
ession=Q2Dtghg17gPnx9ahACAgVFVvxs24MglklgvzKcZQoC8Rx8hk0QVO|8596040935
46
6213951/169937909/6/7005/7005/7002/7002/7005/-1|7246443674280633685/16
99
37902/6/7005/7005/7002/7002/7005/-1&FOLDER%3C%3Efolder_id=802035&bmUID
=1
130425730525 and http://www.consumerwebwatch.org/pdfs/princeton.pdf


-




Gruss,

tom

(__) (OO)_____ (oo) /|\ A cow is not entirely full of
| |--/ | * milk some of it is hamburger!
w w w w






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