RE: [gnso-thickwhoispdp-wg] Dangers and risks of thick Whois

[Don Blumenthal <dblumenthal@xxxxxxx>]

I've seen claims that it may not be legal to publish Whois information in some 
countries. As has been noted, we need more than unsupported statements in our 
work, but that situation could create problems if a thick Ry were in a 
different country from the Rr.

The claims weren't from this group but can anybody provide documentation?

Don

-----Original Message-----
From: owner-gnso-thickwhoispdp-wg@xxxxxxxxx 
[mailto:owner-gnso-thickwhoispdp-wg@xxxxxxxxx] On Behalf Of Alan Greenberg
Sent: Tuesday, January 29, 2013 2:48 PM
To: Avril Doria; Thick Whois
Subject: Re: [gnso-thickwhoispdp-wg] Dangers and risks of thick Whois


The data passed to the registry is the same data that the registrar would make 
fully public in Whois.

Yes, the information may be transferred to another jurisdiction. and that 
jurisdiction may treat PRIVATE information differently. If a thick whois 
required a registrar to transfer PRIVATE information, it could be an issue. But 
there is *NO* private data involved in this transfer. So how that target 
jurisdiction treats private information does not impact this discussion.

Alan

At 29/01/2013 01:51 PM, Avri Doria wrote:

>Hi,
>
>As I understand it, in a thick whois, the Registrar would be forced 
>to pass all that information to the Registry.  At this point they 
>don't need to.
>
>So the information will then be transferred from one national 
>jurisdiction to another.  And those jurisdictions could have a very 
>different treatment of that private information.  That 
>jurisdictional shift is the crux of the problem.
>
>To the group: Apologies for making Rick so very angry at me.
>
>avri
>
>
>
>On 29 Jan 2013, at 10:39, Alan Greenberg wrote:
>
> >
> > I agree on all of these principles, but do not understand the 
> relevance to thick/thin Whois model. Why does the registry holding 
> a copy of the data WHICH IS ALREADY PUBLICLY AVAILABLE alter 
> anything? Privacy is still protected by the original registrar or 
> proxy provider based on the laws in their jurisdiction.
> >
> > An organization that works on gay issues can register in a 
> country and with a registrar that will hide their identity under 
> multiple levels and will even defend a UDRP if necessary, without 
> unmasking the original registrant". All that will show up in the 
> registry database is the top proxy provider - exactly what the 
> registrar would show in its Whois output in the thin model.
> >
> > I do note that as alluded to above, that most proxy providers 
> will unmask the original registrant as soon as a UDRP is filed, 
> even if that UDRP might have little merit. And even if the UDRP is 
> lost, the original registrant's name will be published in the 
> public report on the UDRP. I have never heard of anyone fighting to 
> change that rule!
> >
> > Alan