Re[2]: [ga-sys] Registrants Charter - FREEDOMS - Part 1

["William X. Walsh" <william@userfriendly.com>]

Hello Joanna,

Tuesday, May 15, 2001, 4:14:54 PM, Joanna Lane wrote:
> It's not a plan, it's a situation. Under The Charter of the European Union
> everyone has the right to the protection of personal data concerning him or
> her.

Then that would make any european based company ineligible to run a
registry, as far as I am concerned.  If they are unable to comply with
the requirement of mandatory whois data, then they are unable to
comply with the most basic requirement of running a registry and
should not be able to do so.

> This law did not exist when current Registry-Registrar Agreements were
> signed, but now it does. Sure, let's recommend that ICANN ignores the merits
> of a possible class action suit brought before the European Court of Human
> Rights by the citizens of 15 nations within its jurisdiction. Bad risk
> management IMO.

ICANN is a US based corporation.

>> The whois database is an essential publicly available record,

> What is the specific purpose of treating an individual's personal data as a
> public record, and for whose benefit exactly?

For the public's benefit.  Much like real property ownership and
numerous other records are publicly available (I can do a database
search for all physical property owned by any particular person).

> and
>> there should be no opt out options for registered domain names.

> You can say what you like, but I now have the freedom to opt out of the
> WHOIS public record and you do not, sorry, but that's just the way it is.

Only for European registries.

And my response is that ICANN now has a reason to deny registry status
to any company based in europe.

-- 
Best regards,
William X Walsh
mailto:william@userfriendly.com
Owner, Userfriendly.com
Userfriendly.com Domains
The most advanced domain lookup tool on the net


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