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RE: [gnso-reg-sgc] Draft Final Report of Sub Group C

  • To: "'Paul Stahura'" <stahura@xxxxxxxx>, "'Tim Ruiz'" <tim@xxxxxxxxxxx>, "Christopher Gibson" <cgibson@xxxxxxxxxxx>
  • Subject: RE: [gnso-reg-sgc] Draft Final Report of Sub Group C
  • From: "Milton Mueller" <Mueller@xxxxxxx>
  • Date: Fri, 01 Jun 2007 10:50:35 -0400

Hi, Chris,

>>> "Christopher Gibson" <cgibson@xxxxxxxxxxx> 5/30/2007 8:17:14 PM
>I understand from your views below that you are concerned 
>about potential abuse in connection with the commercial vs. 
>non-commercial distinction within the OPOC system and would, 
>in fact, like to expand protection to extend beyond existing norms 
>for data protection and privacy.

I do not accept the premise that shielding private contact data of
natural persons constitutes an expansion of protection. As the agreed
analysis shows, there is no clear line that can be drawn between
commercial and noncommercial, and there is nothing in existing norms or
law that establishes that distinction clearly enough to make it the
basis for governing classification of domain name registrants globally.

Plus, there will be ways to access the information if a problem

>Thus, I am not surprised that [registrars] would choose
>to voice opposition.  While their position should certainly 
>be taken into account, it should not be determinative in 
>developing a proper approach and policy in relation to 
>OPOC's scope and registrations.

You may not fully understand the intent of my comment, which simply
reflects the nature of the process we are in and the stage of report
drafting we are at. 

The report is supposed to formulate options and express which ones
command agreement, or lower levels of support. If the registrars say
they don't agree with something, that is just a fact that needs to be
reflected in the report. It doesn't matter whether one thinks it is a
"proper approach." 

Same goes for your view. You and Lynn think there should be a
commercial/noncommercial distinction and that needs to be reflected. My
judgment (reflected in my proposing amendment to the language) is that
business user interests support making that distinction, registrars and
noncommercial users don't, others need to weigh in.

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