[gnso-whois-study] FW: Rank order preferences of Whois categories

[Liz Gasster <liz.gasster@xxxxxxxxx>]

All -- input from Paul Stahura below, also please look for more docs and 
summary from me in the next few days, thanks, Liz


-----Original Message-----
From: Paul Stahura
Sent: Tuesday, April 22, 2008 9:47 AM
To: 'Steve DelBianco'; gnso-whois-study@xxxxxxxxx
Cc: Liz Gasster
Subject: RE: Rank order preferences of Whois categories

You'd think that more studies would only be a good idea.  How can more 
information not help?

I will use, as an example, the studies that deal with demand, motivation and 
availability of "privacy services" (really a 
redirection/contact-ability/whois-agent service).

I believe most of us agree that people have a right to privacy, but companies 
have no right.
Of those that say companies have no right to privacy, some (call it group A) 
extend that to say companies MUST output their whois, while others (call it 
group B) say that they MAY (if they choose) use a privacy service. I believe 
both groups say that registrars MUST allow people to choose these privacy 
services, while they disagree on whether registrars MAY or MUST NOT provide the 
service to companies who choose it.  Group A says only abusive/criminal/shady 
companies who are trying to hide would want to use these privacy services. 
Group A says these bad companies are infringing trademarks, why else would they 
want to hide their whois output? Group B says there are various legitimate 
reasons why companies, big and small, do not what their whois information 
public, for example, for competitive reasons.  Group B says in the US, 
companies currently have the ability to have registered agents, which agent 
provides contact-ability while not having the liability for the company's 
actions.

Now lets say we do a study that says 40% (or whatever) of the names studied are 
registered to companies AND are using a privacy service, while 60% of the names 
are registered to companies AND are NOT using a privacy service.  Group A will 
say "see that proves our point, look at how many bad companies there are trying 
to hide! We've got to stop this now!", and Group B will say "see that proves 
our point, look at how many legitimate companies have chosen to not show their 
whois information!  The market has spoken!".  If it was 1% instead of 40%, 
Group A will say "see that proves our point, only the bad companies are using 
these services, we need to prevent this abuse" and Group B will say "see that 
proves our point, only a few good companies have chosen to use these services.  
I see no problem here"

So that is why I agree with those who believe that more studies will probably 
not do much good.
Rather, (in this example) we need to figure out whether or not we should 
prevent companies from using these privacy/whois-agent services.
I wish there was a study that would result in an answer to this.


-----Original Message-----
From: owner-gnso-whois-study@xxxxxxxxx 
[mailto:owner-gnso-whois-study@xxxxxxxxx] On Behalf Of Steve DelBianco
Sent: Sunday, April 20, 2008 6:59 PM
To: gnso-whois-study@xxxxxxxxx
Cc: Liz Gasster
Subject: [gnso-whois-study] Rank order preferences of Whois categories


Per our 15-April call, here are my rank-order preferences for further
studies of Whois.

Each of the study categories could produce information that would be
useful if and when GNSO considers further policy questions regarding
changes to Whois.   Since neither consensus nor funding are obviously
forthcoming, it is useful to rank these study categories, from highest
to lowest preference.   My own rankings are given considering the unique
value and likely cost of the studies proposed.

1. (3) Availability of privacy services.
2. (4) Demand and motivation for use of privacy services.
3. (6) Proxy registrar compliance with law enforcement and dispute
resolution requests.
4. (1) WHOIS misuse
5. (5) Impact of WHOIS data protection on crime and abuse.
6. (2) Compliance with data protection laws/registrar accreditation
agreements.
7. (7) WHOIS data accuracy.


Steve DelBianco
executive director, NetChoice
1401 K St NW, Suite 502
Washington DC 20005
+1 202.420.7482
www.NetChoice.org