AW: [council] Request to fellow Councilors for input and suggestions to WHOIS Workshop Planning Committee

["Thomas Keller" <tom@schlund.de>]

Dear Marilyn,

thank you and the planning comittee for giving us the possibility of
input please find mine below.


Having followed the privately organised phone calls on whois as well as
reading the 
concurrent mailing list I heard a lot of opinions why this or that user
group MUST 
have full access to whois data or that certain user groups MUST have
special 
protection in form of anonymous whois output. There seems to be no limit
for the 
diversity of views but if read careful one will discover that all made
proposals no 
matter whether it is from the FTC and talks about the necessity of law
enforcement 
to protect end users or it is from the PTO saying that law enforcement
conducted privately 
by ip owners is imperative because of the latency of the legal system or
to complete the 
picture the demand of groups like EPIC which advocate the protection of
personal data in 
light of the right of freedom of speech are focused on ONE special
market place in the world. 

Apparently there is some fighting going on in one specific country about
how and to 
what extend contact data, especially personalized contact data can/must
be distributed 
and whois is the battlefield thought it could be every other database
containing such 
data as well. 

Ironically these questions and debates are not worth a minute thinking
in other parts 
of the world because there are well established laws in place which very
clearly identify who 
can do what under which circumstances. Unfortunately all this local laws
are not 
necessarily in sync so that there are a whole lot of definitions and
regulations which 
contradict each other on the same subject but are totally valid inside
the particular 
countries. For more information on the differences have a look at the
following URL:

http://www.whitecase.com/pr_wc_privacy_law_survey.html

To be more specific a good example for the diversity of the
implementation of data protection restrictions are the whois services of
the ccTLDs:

.com.au

	displays the registrant name and his email address to the
	public.

.de
	displays the registrants name and address but not the email
	address and telefonnumber to the public.

.co.uk
	
	displays just the registrants name to the public if the
registrants 
	is a non trading individual.

This very clearly documents that cultural diversity has led to different
solutions for the same problem always depending on the specific
background, traditions and history of each country.

To make things short I would like to suggest that the WHOIS Workshop
committee gives some time for consiteration of the question whether
there is a need for a one fits all whois solution which reflects all
international data protection laws and traditions and is not in conflict
with paragraph 2.3.3 and  3.7.2 of the ICANN RAA.

http://www.icann.org/registrars/ra-agreement-17may01.htm#3

2.3.3 not apply standards, policies, procedures or practices
arbitrarily, 
unjustifiably, or inequitably and not single out Registrar for disparate

treatment unless justified by substantial and reasonable cause.

3.7.2 Registrar shall abide by applicable laws and governmental
regulations.

or whether the world might be better of with a whois approach on a basis
of
local jurisdiction.

Best,

tom

--

Thomas Keller

Domain Services
Schlund + Partner AG
Brauerstrasse 48         		      Tel  +49-721-91374-534
76135 Karlsruhe, Germany               	Fax  +49-721-91374-215
http://www.schlund.de                  	tom@schlund.de



-----Ursprüngliche Nachricht-----
Von: owner-council@dnso.org [mailto:owner-council@dnso.org] Im Auftrag
von Cade,Marilyn S - LGCRP
Gesendet: Montag, 9. Juni 2003 05:48
An: council@dnso.org
Cc: Mike Roberts (E-mail); Bruce Tonkin (E-mail); Dan Halloran (E-mail)
Betreff: [council] Request to fellow Councilors for input and
suggestions to WHOIS Workshop Planning Committee


Dear fellow councilors

The WHOIS Workshop Planning committee, recently appointed by ICANN's
President/CEO, (see below) held its first conf. call Saturday, to
discuss planning for the Montreal workshops on WHOIS and related privacy
and other issues, as requested by ICANN's President. The committee will
host at least two more conference calls this week in order to plan the
program for the two 1/2 day workshops now scheduled for Montreal's
meeting. We began to outline the approach for the workshops on our
initial call. 

Although all on the Committee are acting in their individual capacity as
appointees to the Planning Committee, the chair of the Program Committee
and the chair of the Council have agreed that I might solicit input from
fellow Councilors, and I welcome that opportunity to seek your input and
suggestions.  

Your input and suggestions on areas to be addressed, possible experts
for presentations, and ideas about existing reports or other materials
that you might suggest as background to be provided to support and
inform the workshops would be most welcomed. To be most useful, I will
need input by Thursday, June 12. Earlier suggestions will be helpful. 

You may post to me at mcade@att.com, or you may share your
recommendations/input with the full Council, if you prefer.

In addition to suggesting topics or issues to be addressed, if you
suggest a speaker, please provide email and telephone contact
information, as well as a sentence or two regarding the nature of the
topic you recommend that speaker for.  I will be provide all
contributions to the rest of the committee as inputs for their
consideration.  And, should a speaker be accepted by the Committee, it
will expedite contact to have contact details already available.  

I apologize for the urgency of the request, but the Committee must move
quickly to develop the workshops in order to issue invitations to
speakers for the workshops.

Regards, 

Marilyn Cade








-----Original Message-----
From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au]
Sent: Friday, June 06, 2003 4:09 AM
To: council@dnso.org
Subject: [council] ICANN Announces Whois Workshop Planning Committee for
Montréal


AS requested by the GNSO Council in its teleconference on 22 May 2003:

ICANN Announces Whois Workshop Planning Committee for Montréal
http://www.icann.org/announcements/announcement-05jun03.htm

Marina del Rey, California USA (5 June 2003): ICANN President and CEO
Paul Twomey today announced the appointment of a Workshop Planning
Committee to help coordinate a workshop on Whois and related issues at
ICANN's meeting later this month in Montréal, Canada. The President's
Whois Workshop Committee includes the following recognized leaders in
this subject:

Elana Broitman 
Marilyn Cade 
Steve Crocker 
Sabine Dolderer 
Robin Layton 
Michael Palage 
George Papapavlou 
Mike Roberts (Chair) 
Thomas Roessler 
The Whois workshop is intended to initiate a period of discussion within
the ICANN community on Whois and related privacy and other issues. The
workshop is being held in response to a request from the GNSO Council,
and in cooperation with the GAC's work program. Current plans call for a
two-part workshop, scheduled for the mornings of Tuesday, 24 June 2003,
and Wednesday, 25 June 2003.

For additional details on the ICANN meetings in Montréal, Canada (22-26
June 2003), please visit <http://www.icann.org/montreal/>. 

The meetings will be hosted by the Canadian Internet Registration
Authority (CIRA). CIRA has posted additional information regarding the
area, the meeting, and local hotels at <http://www.icannmontreal.ca/>.