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Comments of Noncommercial Users Constituency

  • To: telnic-whois-proposal@xxxxxxxxx
  • Subject: Comments of Noncommercial Users Constituency
  • From: KathrynKL@xxxxxxx
  • Date: Thu, 28 Jun 2007 14:38:50 EDT

The Noncommercial Users Constituency respectfully presents its comments in  
this important proceeding. 
Our comments in support of this proposal can be found below in text form  and 
attached as a PDF document.
Kathryn Kleiman
Comments of the Noncommercial Users Constituency (NCUC) 

The  Noncommercial Users Constituency fully supports the proposed changes of 
Telnic  to the registry agreement as consistent with the laws of the United 
Kingdom and  the European Union.

Telnicâs proposal to modify the data displayed to the  world of its 
registrants, especially individuals, takes into account the legal  requirements 
of the 
UK Data Protection Act of 1998 and the EU Privacy  Directive.  These laws of a 
country and a continent provide rights to  individuals which allow them to 
control the distribution of their personal  data.  Individuals cannot have 
address, phone, fax and email  published without their express consent. 

Telnic has handled this matter  properly.  It has consulted with the UK 
Information Commissionerâs office  which oversees and enforces data 
protection laws 
in the UK.  Its proposal  follows the example of Nominet, the UK country 
code, which has a Whois policy  that allows .UK registrants to protect their 
personal data.  It also  follows the example of the Global Name Registry, 
incorporated in the UK and the  first sponsored gTLD to seek to modify the gTLD 
requirements to better  protection personal data under law.

It is a completely unacceptable to  ask a registry to violate civil and 
criminal laws as a condition of operating in  the ICANN community.  It is a 
situation which the Whois Working  Groups and even the GAC have expressed 
concern over many times. Telnic wisely  chose the proactive approach â to 
compliance with both ICANN contractual  requirements and the UK and EU laws. It 
is an important request.

The NCUC  strongly supports the grant of Telnicâs request as consistent with 
good business  practices,  fostering corporate compliance with national law, 
and making  clear that âgTLD Whois services must comply with applicable 
national laws and  regulations.â GAC Principles Regarding gTLD Whois 
Presented by the  Governmental Advisory Committee, March 28, 2007. 

We ask that ICANN adopt  the Telnic proposal with alacrity.

The Noncommercial Users Constituency  
June 28, 2007

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Attachment: NCUC Comments 062807.pdf
Description: Adobe PDF document

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