Re: newIANA (was Fram behind closed doors via opaque channels)

["Jim Fleming" <JimFleming@unety.net>]

-----Original Message-----
From: Karl Auerbach <karl@CaveBear.com>
To: Synthesis@travel-net.com <Synthesis@travel-net.com>
Cc: Masataka Ohta <mohta@necom830.hpcl.titech.ac.jp>; Brian E Carpenter
<brian@hursley.ibm.com>; mueller@syr.edu <mueller@syr.edu>; vcerf@mci.net
<vcerf@mci.net>; discussion-draft@giaw.org <discussion-draft@giaw.org>;
ietf@ietf.org <ietf@ietf.org>; comments@iana.org <comments@iana.org>;
Iana@iana.org <Iana@iana.org>; List@giaw.org <List@giaw.org>
Date: Monday, July 13, 1998 12:00 PM
Subject: Re: newIANA (was Fram behind closed doors via opaque channels)


>
>> Like it or not, (see Karl Auerbach's analysis at
>> http://www.cavebear.com/nsf-dns/ ) has given credence to the
>> notion that the .com database is proprietary information.
>
>Before that gets taken out of context -- What those web pages discuss (as
>does my submission to the Green Paper) is the fact that in response to
>claims under both the US Privacy Act (5 USC 552a) and the Freedom of
>Information Act (5 USC 552) regarding the domain name database (i.e. what
>we think of as the whois database, apart from the raw .com/.net/.edu/...
>TLD zone files).
>
>The reason that NSF rejected the claims is that NSF asserts that it has no
>control over this information, that instead, that database is the sole and
>exclusive private property of Network Solutions.
>
>In other words, NSF has put its foot into things and made a royal mess by
>establishing a precedent that NSI owns the contact database.  Some have
>said that this may not create an estoppel because the person who answered
>the PA and FOIA claims had not right to bind the agency and USG in other
>areas.  But it certainly does create an obstacle to implementation of the
>White Paper.
>
>There is, of course, a similar problem in that at the instant the US
>government manages to compel NSI to disgorge the database, the data in
>that database will clearly be subject to the privacy act which
>specifically disallows transfers of databases containing personally
>identifiable information to non-governmental agencies (absent a contract
>imposing privacy constraints) without specific Congressional
>authorization.
>
> --karl--
>


How was it transferred to ARIN ?

I believe that ARIN is "non-governmental" ?


Jim Fleming
Unir Corporation - http://www.unir.com