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Please do not take away effective domain privacy services at the behest of copyright extremists

  • To: comments-ppsai-initial-05may15@xxxxxxxxx
  • Subject: Please do not take away effective domain privacy services at the behest of copyright extremists
  • From: Charlie Harvey <charlie@xxxxxxxxxx>
  • Date: Sun, 28 Jun 2015 13:39:30 +0100

Hi,

Your plans to require privacy proxy services to register with ICANN and
to require them to hand over personal data at the behest of anyone who
can write a convincing looking letter (with no effective redress) are
deeply misguided.

For some people on the internet, anonymity and privacy is literally a
life or death matter. Think, for example of:
* dissident bloggers critical of totalitarian regimes,
* websites run by and for survivors of domestic abuse,
* QLGBT poeple writing about their experiences of oppression,
* people of colour speaking out about their victimization by the police,
* whistleblowers criticizing multinational corporations

Demanding that privacy measures are ineffective and seeking to
circumvent the normal legal process (for example by not requiring a
court order before releasing information related to domain
registrations) could endanger lives as well as being in fundamental
conflict with principles of data protection, privacy and anonymous free
speech that democratic societies hold to be esential.

The right of copyright extremists to demand personal information with
menaces does not trump these fundamental democratic rights. And even if
it did, it is certainly not ICANNs role to decide who is allowed to
exercise their right to privacy or anonymous free speech. That's why
democratic societies have courts.

The requirement that "domains used for commercial purposes" should be
ineligible for privacy registrations is also misguided.

What if I am a VPN provider in Asia, used by people in China to access
information prohibited by the Chinese state? I might be charging for my
services -- that sounds commercial. Your proposal will make me an easy
target for the human rights abusing Chinese state.

Instead of merely serving the panopticonist interests of the music and
film industry, the working group should recommend the continued
provision of strong privacy protections -- perhaps stronger than now.

Privacy services should require due legal process before releasing
private data and those whose data is being requested should be informed
and given the right to defend their privacy in court.

Privacy proxy services should remain independent, and not regulated,
monitored or governed by ICANN -- already something of a monopoly and
not suited to making unilateral decisions about internet privacy. ICANN
should stick to its intended purpose and stop trying to extend its powers.

Cheers,

-- 
Charlie Harvey
IT Director
New Internationalist

t: +44 (0)1865 403249
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w: http://newint.org/
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cooperative. Our multi-award winning magazine, New Internationalist,
brings to life the people, the ideas and the action in the fight for
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