RE: [pdp-pcceg-feb06] References to Traffic Data Provision

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

Again, let me ask this question.

What privacy laws of any country apply to the dissemination of "Non-personally 
identifiable information"?  I have yet to find any, but I have not done an 
exhaustive search.

In other words, if information is not personal (i.e., not a name, address, 
phone number, or any information which can definitively pinpoint the location 
or identity of the individual user), then what protection under existing laws 
is available for the collection or use of that information.





Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & Business Development 

NeuStar, Inc. 



-----Original Message-----
From: owner-pdp-pcceg-feb06@xxxxxxxxx [mailto:owner-pdp-pcceg-feb06@xxxxxxxxx] 
On Behalf Of GNSO.SECRETARIAT@xxxxxxxxxxxxxx
Sent: Wednesday, January 17, 2007 9:49 AM
To: pdp-pcceg-feb06@xxxxxxxxxxxxxx
Subject: [pdp-pcceg-feb06] References to Traffic Data Provision

[To: pdp-pcceg-feb06[at]gnso.icann.org]

Dear All,

Pursuant to last nights call, Liz Williams referred to the draft  NCUC 
statement by Danny Younger for rapporteur group 2 on:
Registry Data Uses Policy

59. As noted by ICANN Staff:  "Registry data is available to the 
registry as a consequence of registry operation. Examples of registry 
data could include information on domain name registrants, information 
in domain name records, and traffic data associated with providing the 
DNS resolution services associated with the registry."  The NCUC has 
examined whether or not there should be a policy regarding the use of 
registry data for purposes other than for which it was collected, and if 
so, what the elements of that policy should be; the NCUC has concluded 
that there should be a policy limiting the use of Registry data to just 
the purpose for which it was collected.

60.  This conclusion is based on the extensive work the constituency has 
conducted with respect to privacy.  We refer Task Force members and GNSO 
Councilors to the "Backgrounder" report prepared by the NCUC: 
International Data Protection Laws: Comments to ICANN from Commissioners 
and Organizations Regarding WHOIS and the Protection of Privacy .

61.  The NCUC has already commented that "we oppose non-discriminatory 
access to registry traffic data.  It would make Internet users' 
activities an unending target of data mining".  As a constituency we 
believe that there are very serious risks associated with the culling of 
data on non-existent domains (that would be permitted under certain 
proposed contracts).  In particular, we are troubled by the prospect of 
the mining of usage data (e.g. the frequency with which a name is looked 
up in the DNS) as this will invariably lead to lists being compiled that 
document how often certain non-existent domains are looked up via 
misspellings (direct navigation).  Once such lists are put onto the open 
market, the Internet will be inundated with registrations that amount to 
nothing more than typo-squats of significant brands and/or of 
organizations (some non-commercial) that currently enjoy high rankings 
in the search engines.  The NCUC does not endorse the promotion of such 
typosquatting activities.

63.  The NCUC has also considered whether any policy is necessary to 
ensure non-discriminatory access to registry data that is made available 
to third parties.  The NCUC notes that this issue parallels the prior 
issue of access to Bulk WHOIS data that is made available to third 
parties (on which policy has already been developed - see the Policy 
Report of the Names Council's WHOIS Task Force:  Accuracy and Bulk 
Access  ).  It is the view of the NCUC that a Task Force should be 
convened to specifically target this topic as privacy issues are 
implicated and further discussion is warranted.

In addition here is the url http://www.icann.org/registries/agreements.htm
that points to the Registry agreements that should be read in 
conjunction with Jon Nevett's email
http://forum.icann.org/lists/pdp-pcceg-feb06/msg00485.html
referring to Traffic Data provision from the .org Registry Agreement.

Thank you.
Kind regards
Glen

-- 
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org