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[gnso-reg-sgc] Revised language on commercial/noncommercial

  • To: <gnso-reg-sgc@xxxxxxxxx>
  • Subject: [gnso-reg-sgc] Revised language on commercial/noncommercial
  • From: "Milton Mueller" <Mueller@xxxxxxx>
  • Date: Wed, 30 May 2007 16:30:06 -0400

Replace the first and second paragraphs under "Commercial or
Non-Commercial Activities" with the following:

Commercial or Non-Commercial Activities
An alternate view proposed a further distinction between commercial and
non-commercial registrants. Under that proposal, only natural persons
engaged in noncommercial activity would receive data protection.
Supporters of the alternate view argued that data protection does not
extend to natural persons engaged in commercial activities. This
proposal failed to achieve broad support, however. 

Adding a commercial/noncommercial distinction was rejected by some for
reasons of principle, as they believe that data protection should apply
to all natural persons regardless of the activities in which they are
engaged. Additionally, some cited the impracticality of implementing
such a distinction. The qualification of what is a commercial activity
may vary between the legal areas within a jurisdiction, and it may vary
between jurisdictions. It is also a gradual and dynamic distinction in
the sense that activities may shift from non-commercial to commercial
over time, and a single registrant may combine both activities in the
same domain. 

Those who reject the commercial/noncommercial distinction tend to
support Option 1 below. Others wanted to draw the commercial vs.
non-commercial distinction as set forth in Option 2 below.  Option 1
would seem to have broader consensus support than the Option 2.  An
alternate view also rejects Option 1, arguing that legal persons also
should have the right to shield certain data from publication.


This language is clearer, and applies the language about "support" and
"alternate views" to the draft. It also reflects the fact (which has
become evident in the posts of the past few hours) that some registrars
do not support Option 1.

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