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[Fwd: A commet (third attempt to submit)]

  • To: whois-services-comments@xxxxxxxxx
  • Subject: [Fwd: A commet (third attempt to submit)]
  • From: Karl Auerbach <karl@xxxxxxxxxxxx>
  • Date: Sun, 26 Nov 2006 02:23:38 -0800

Several important, indeed critical, issues are absent from this report.

First, it fails to clearly articulate who is the intended beneficiary of
these policies.  Nor does it articulate anything more than a few tired
and unrevealing phrases about the purpose of collecting "whois" data,
much less how that collection improves the technical stability of DNS as
measured in terms of efficiently and quickly transforming DNS query
packets into DNS response packets without prejudice against any query
source or query content.

In addition, the report fails to even consider measures that have been
discussed in the past - ICANN's memory is very short.

For example, it has been raised in the past that anyone who asks to view
whois data should be required to submit to a permanent and publicly
visible ledger the following information:

- Identity (i.e. name, contact information) of the person requesting access.

- A short but factual statement describing, with particularity, what specific rights of the person making the inquiry are believed to have been violated by the data subject described in the whois record being accessed.

As for the material that is in the report:

The operational point of contact is a useful idea.

The special circumstances proposal is wrong-minded in that it turns the
privacy equation around.  Privacy should be the default state of
affairs, not the exception.

We have seen so many examples of how the intellectual property industry
has become an abusive industry.  The assault on individual rights by the
RIAA and its thousands of lawsuits based on a dragnet sweep of IP
address information - indicates what kinds of use we can expect the
intellectual property industry to make of whois data.

The special circumstances proposal is being made by an industry that has
demonstrated that it wants that data as a weapon for its own purposes.

ICANN, being a body whose interest is the technical stability of the
internet, ought not to be granting such political and economic favors to
one particular industrial segment.


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