On the Namecheap Respect Our Privacy campaign, from a namecheap.com customer and privacy recipient

["Edwin A. Epstein III" <ed@n1n2.solutions>]

To Whom It May Concern, 

Firstly, we are not actually discussing privacy at all, but anonymity. Privacy 
relates to information passing between a combination of known/unknown 
individuals. Anonymity can and usually relates to the fact that none of the 
individuals passing information is known, regardless if that information is 
private or not. 

This in regards to the proposed rules and discussions related to "domain 
privacy" and the WHOIS database. I've been made aware by my SSL provider 
Namecheap.com, that you intend to strip all anonymity away from domain names, 
require home addresses (meaningless since you don't verify like banks with the 
un-Patriot Act), and in essence, require public records to own a domain name. 
This is incorrect, unethical, unnecessary, and only serves to violate due 
process in the U.S.A on behalf of those who wish to *bypass* due process. 

Privacy services do exist, and they are *NOT* outside of due process. Any 
litigant who feels harmed may "pierce the illusion" of anonymity with a court 
sanctioned subpoena for more information. This method occurs daily in lawsuits 
referencing John, or Jane Doe, and therefore ICANN seeks superfluous 
regulations to assist in non-existent problems for those who lack the requisite 
legal standing to work within current regulations. How can you justify this 
removal of due process? Who is to benefit, and become a protected class? I can 
only see a marginal benefit to regular citizens, and only in that the legal 
costs will be lower since due process was *removed*. If we are to approach it 
from this viewpoint, then we can start wholesale removing all sort of other 
aspects of due process as it results in lowered legal costs. This is 
nonsensical to me, and literally the only justification for such an egregious 
bypassing of due process. 

On a technical basis, the proposal is even more ridiculous. If ICANN should be 
doing anything, it would be the verification of the administrative and 
technical *EMAIL* contacts. As an administrator, unless I want to forward it to 
legal, a home address is absolutely and utterly meaningless and unhelpful. A 
phone number is more helpful, but not always appropriate. The email address, or 
a new field for instant messaging, is what is needed to solve any communication 
issues netizens have when communicating to site owners, and their 
administrators. ICANN is not representing any actual issues here today, just 
the legal issues from those seeking protected class status. A home address is 
entirely within the purview of the legal department, and the legal department 
already possesses ways to learn an address suitable for legal service. 

Furthermore, privacy is a huge issue related to security. Just as anybody 
driving down the street doesn't have the "right", or legal entitlement, to 
translate a license plate into a home address, a regular netizen has no right 
to translate a domain name to a home address *either*. ICANN seemingly operates 
on the incorrect assumption that we demand personally identifiable information 
everywhere in public, for everyone to see, as a matter of equality in our due 
process. This is an incorrect and illogical sense of entitlement, wholly 
unneccessary in light of existing due process that is capable of removing the 
anonymity *where appropriate and agreed upon by law*. Otherwise, privacy and 
anonymity are the *RULE*, not the exception as ICANN would wish for. 

These security related issues are common sense ones that are agreed upon by 
all. Good reasons exist why we don't want people to obtain private or 
identifiable information from public activities, that I don't believe need to 
justified or enumerated here. We have *already* juxtaposed these wishes against 
the security and well being of the general public, by still bringing them 
within our existing due process. 

ICANN does not serve the interests of any victims, or possible victims, with 
its deliberations on these rules, and instead serves only monied interests who 
wish to bypass due process for a *cheaper litigation service* whereby threats, 
harassment, and intimidation become the norm. If ICANN strips netizens of the 
ability to own and operate a domain name without a home address, then quite 
literally, the only and safest way to own a domain name is through a registered 
LLC, S Corp, C corp, or other such corporate vehicle. In this sense ICANN has 
wildly raised the barrier to entry for safe domain ownership, and has caused 
great harm to regular netizens. As for myself, I will never be harmed. I do not 
currently give accurate information to any government agency or corporation as 
a matter of policy and civil disobedience, and if forced, I have the 
sophistication to still remain private no-matter-what. This does not hold true 
for most people, and their anonymity will be greatly harmed by the proposed 
rules. 

In other words, you make the guns illegal, and only the criminals will still 
have guns. Likewise, you make anonymity effectively illegal, then only the 
criminals will still possess it. Privacy services are appropriate, needed, 
lawful, and not requiring of any additional regulations beyond that which are 
already imposed by the courts and law enforcement. 

I implore ICANN to not jump on the bandwagon of destroying due process to aid 
an already massive protected class; Corporations. 

Sincerely, 

Edwin Epstein III 
Sincerely, 

Edwin A Epstein, III 
n1n2.solutions 
707.633.0333 
n1n2.solutions