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Re: [ga-sys] DNSO Names Council Whois survey
Joanna,
What the heck is this? It must be the most ignoramous attempt at outreach I
have ever seen. OTOH
can we break this down to something us dotcommoners can get a hold on like about
ten questions.
I mean no insult but am insulted. That ain't no study it is a concentration camp
grilling.
I apologize ahead of time for my gruffness but I worry?
Joanna Lane wrote:
> Should the GA debate these issues, ballot members, and post a formal
> response, or approach the survey only as individuals, or both?
>
> Regards,
> Joanna
>
> http://www.icann.org/dnso/whois-survey-en-08jun01.htm
>
> The ICANN Domain Names Supporting Organization (DNSO) is conducting a study
> of the Internet domain-name system's Whois system, which provides
> information about registrations of domain names. The DNSO invites you to
> participate by filling out the following survey and clicking the "SUBMIT
> FORM" button at the bottom.
>
> Whois Survey Purpose
>
> The purpose of this survey is to:
>
> 1. solicit input from as many people as possible concerning the
> use of Whois service, and
>
> 2. assess whether changes should be considered to the current
> Whois policy adopted by ICANN.
>
> The questions are designed to focus on the purpose, use, and accuracy of
> the Whois service to establish the appropriate balance between competing
> interests. The comment period is open NOW until the 31st July 2001.
>
> Background
>
> The Whois service comprises registrants' domain name registration
> information stored in the databases of either ICANN Accredited Registrars
> (the source for .com/.net/.org domain names) or at the registry of the
> appropriate country code or other Generic Top Level domain. The Whois is a
> publicly searchable resources and are used to determine the identity of
> domain name registrants and the technical and administrative contacts
> associated with the domain name or Internet Protocol address block (which
> identifies the network to which a computer is connected). The Whois search
> facility is used by various users for multiple purposes, including:
>
> 1. to identify the availability of a particular name in which
> someone is interested
> 2. to determine if there are similar names already in use,
> 3. to identify and verify online merchants,
> 4. to identify online infringers for enforcement of intellectual
> property rights,
> 5. to source unsolicited email and sites that may be inappropriate
> for children, and
> 6. to identify contacts in the investigation of illegal activity,
> including consumer fraud, child pornography, etc.
>
> Whois also provides a crucial resource for network administrators who may
> need to contact other network system operators in resolving network problems
> or to determine the perpetrators of spam or hacking attacks. In its multiple
> capacities, the Whois plays a critical role in building user confidence in
> the operation of the Internet and Internet activities.
>
> The Whois database consists of an individual or a company name, and
> address, the dates on which the domain was created, when it expires and when
> it was last updated. It includes the name of the administrative contact and
> its address and technical contact with address, contact numbers and
> technical information, such as Name Server details that are used to resolve
> a name into an IP address. The IP address identifies the associated computer
> connected to the Internet.
>
> Today, it is estimated that well over 70% of domain names are registered
> by businesses or organizations. Names are also are registered by individuals
> who are holding names to resell, or possibly use in the future. It is the
> disclosure of data about individuals' registrations that has raised privacy
> issues.
>
> Under the ICANN Accreditation Agreement, a registrar or third party can
> list its own contact details in lieu of registrants' personal information,
> provided that it accepts liability for any harm caused by wrongful use, and
> that it promptly discloses the identity of the true holder upon reasonable
> evidence of actionable harm. In this way, it remains possible to pursue
> allegations of illicit or improper activity. The ICANN accreditation
> agreement also requires registrars to adopt reasonable measures to prevent
> predatory use of data beyond the stated purposes in the registration
> agreement. For example, these include measures to prevent mining of a
> database for domain name holders' contact details for use in unrelated
> advertising, sales and marketing or for third party resale.
>
> Since the introduction of competition in .com, Net and .org, the formerly
> centralized Whois lookup has been dispersed into the record systems of
> approximately 80 ICANN Accredited Registrars.
>
> This survey seeks to establish your views, please answer all questions
> and use the free text area on the Summary page to inform us of any
> additional comments you may have.
>
> Please supply your email address, so we may send you a copy of your
> responses and publish them on the Whois public comments selection, to ensure
> an open and transparent process.
>
> Questions
>
> Type of respondent
>
> 1. Which of the following terms best describes your status as a
> respondent to this survey?
>
> (Please provide, where applicable, an indication of the size of
> your organization, either the number of employees or staff, or the number of
> members):
>
>
> Category
>
> Size
>
> (Employees/Members)
> a.
> Commercial business user
>
> b.
> Non-commercial organization user
>
> c.
> Governmental organization user
>
> d.
> Individual or household user
>
> e.
> Domain name registrar and/or registry
>
> f.
> Internet access provider or network operator
>
> g.
> Other:
>
>
> 2. Have you registered any domain names? yes no
>
> If "yes":
>
> a. How many ccTLD domain names have you registered:
> b. How many gTLD domain names have you registered:
>
> What was the general purpose of your registration:
>
> a.
> commercial
> b.
> governmental
> c.
> personal
> d.
> noncommercial organization
> e.
> other
>
> 3. How often do you use the Whois service on average?
>
> a.
> never
> b.
> occasionally
> c.
> weekly
> d.
> once or twice a day
> e.
> many times a day
>
> 4. Which of the following most accurately describes the use of Whois that
> is most important to you or
> your organization:
>
> a.
> To determine if a specific domain name is
> unregistered/available?
> b.
> To find out the identity of a person or organization who
> is responsible for a domain
> name or web site I have encountered while using the Internet
> c.
> To support technical operations of ISPs or network
> administrators, including tracing
> sources of spam or denial of service attacks
> d.
> To identify the owner of a domain name for consumer
> protection or intellectual
> property protection purposes
> e.
> To gather names and contact information for marketing
> purposes
> f.
> To support government law enforcement activities (other
> than intellectual property)
> g.
> Other (please briefly describe):
>
>
> Use of the Whois
>
> 5. What should the purpose of the Whois service be (place in order 1-7
> where 1 is the most important):
>
> a.
> Rank: to identify the availability of a particular name in
> which someone is interested
> b.
> Rank: to determine if there are similar names already in
> use
> c.
> Rank: to identify and verify online merchants
> d.
> Rank: to identify online infringers for enforcement of
> intellectual property rights
> e.
> Rank: to source unsolicited email
> f.
> Rank: to identify contacts in the investigation of illegal
> activity
> g.
> Rank: other (specify):
>
> 6. Which of the following best describes your attitude towards access to
> the data contained in the
> Whois service?
>
> a.
> I am most concerned about protecting the privacy of
> domain name registrants
> b.
> I am most concerned about effective identification of who
> is behind a specific
> domain for consumer protection or intellectual property
> protection purposes
> c.
> I am most concerned about ensuring that Whois supports
> the resolution of
> technical problems on the Internet
> d.
> No opinion
> e.
> Other (specify):
>
> 7. Have you ever been harmed or inconvenienced because the Whois data you
> received was
> inaccurate, incomplete, or out of date?
>
> a. Yes, I have experienced inaccurate data.
> b. No, the data has been accurate.
>
> What percentage of the Whois records you relied on proved to be
> inaccurate,
> incomplete, or out of date on average:
>
> a. Less than 5 percent
> b. 5 - 25 percent
> c. 25 - 50 percent
> d. More than 50 percent
>
> If appropriate, please describe the harm or inconvenience
> caused by the
> inaccurate data:
>
>
> How do you think an improvement can best be achieved?
>
>
> Data elements stored in the Whois
>
> 8. Currently, Whois records in .com, Net, and .org are composed of the
> following data elements:
>
> A. The name of the second-level domain being registered and the
> top-level domain it is
> under;
> B. The IP addresses of the primary and secondary name servers for
> the registered
> domain;
> C. The host names of the name servers;
> D. The identity of Registrar;
> E. The date of the original registration;
> F. The expiration date of the registration;
> G. The name and postal address of the registrant;
> H. The name, postal address, e-mail address, voice telephone
> number, and (where
> available) fax number of the technical contact for the SLD; and
> I. The name, postal address, e-mail address, voice telephone
> number, and (where
> available) fax number of the administrative contact for the SLD.
>
> Would you describe these data elements as
>
> a. Adequate for your purposes
> b. Inadequate for your purposes
> c. Unnecessary for your purposes
>
> 8.1 If you answered "Inadequate," What other data elements would
> you like to see
> included to promote public confidence in Internet activities?
>
>
>
> 8.2. If you answered "Unnecessary," What other data elements would
> you like to see
> suppressed from public disclosure?
>
>
>
> 9. Please indicate which of the data elements listed in A-I above are, in
> your view, of valueless,
> essential, or desirable:
>
> A. The name of the second-level domain being registered and the
> top-level domain it is
> under;
>
> essential
> desirable
> valueless
>
> B. The IP addresses of the primary and secondary name servers for
> the registered
> domain;
>
> essential
> desirable
> valueless
>
> C. The domain names of the name servers;
>
> essential
> desirable
> valueless
>
> D. The identity of Registrar;
>
> essential
> desirable
> valueless
>
> E. The date of the original registration;
>
> essential
> desirable
> valueless
>
> F. The expiration date of the registration;
>
> essential
> desirable
> valueless
>
> G. The name and postal address of the registrant;
>
> essential
> desirable
> valueless
>
> H. The name, postal address, e-mail address, voice telephone
> number, and (where
> available) fax number of the technical contact for the SLD; and
>
> essential
> desirable
> valueless
>
> I. The name, postal address, e-mail address, voice telephone
> number, and (where
> available) fax number of the administrative contact for the SLD.
>
> essential
> desirable
> valueless
>
> Searchability
>
> 10. Should the publicly accessible Whois database allow for searches on
> data elements other than
> domain name?
>
> Yes
> No
>
> If "Yes", please specify from fields AI which you should be usable
> as search keys.
>
> A | B | C | D | E | F |
> G | H
> | I
>
> Should other enhancements to searchability (e.g., Boolean
> searching on character
> strings) be provided?
>
> Yes
> No
>
> If "Yes", how should the cost associated with such enhancements be
> paid for?
>
>
>
> 11. Do you use Whois in cctlds?
>
> Yes
> No
>
> 12. Do you think that the data elements used in .com, Net, and .org
> should be available uniformly in
> country code top-level domains?
>
> Yes
> No
>
> Why or why not?
>
>
>
> Uniform data format to Whois
>
> 13. Do you support the concept of uniformity of Whois data format and
> services?
>
> Yes
> No
>
> What, in your view, is the best way to achieve uniformity both in
> format and search
> capability across Whois services?
>
>
>
> Centralized portal access to Whois
>
> 14. Do you support the concept of centralized public access to Whois -
> e.g., a "one-stop" point of
> Whois to access information:
>
> Yes
> No
>
> (a) Across .com/Net/.org?
>
> Yes
> No
>
> (b) Across all gTLDs (i.e. including the new TLDs.)?
>
> Yes
> No
>
> (c) Across all TLDs? (i.e. including country code TLDs)?
>
> Yes
> No
>
> If appropriate, what, in your view, is the best way to achieve the
> level of centralized public
> access that you support?
>
>
>
> 15. Who should bear the cost burden of implementing centralized public
> access?
>
>
> a.
> Those who use the service should pay for it
> b.
> It should be paid for by ICANN
> c.
> Registrars should support it as a public service
> d.
> Should be part of the domain registration fee as it is
> today.
> e.
> Other
>
> Sale and marketing of customer data
>
> 16. Should registrars be allowed to engage in resale or marketing uses of
> the registration contact
> information?
>
> Yes
> Yes, but only with the express permission of the registrant
> (opt-in)
> Yes, but only after the registrant has had the opportunity to
> opt-out
> No
>
> Bulk access /mandatory sale of customer data/ manipulation and adding
> value
> to customer data
>
> The current provisions with regard to the mandatory sale of Whois data,
> and uses that can be made of
> the data obtained through bulk access, are contained in the Registrar
> Accreditation Agreement at
> sections 3.3.6 and following, Third Party Bulk Access to Data.
>
> These provide for the mandatory sale of customer data on certain
> specified conditions. These conditions are discussed in terms of a contract
> between the registrar and a third party seeking access to the data. The data
> may not be used for mass unsolicited emailing, but can by inference be used
> for mass faxing or mass mailing (3.3.6.3), "other than such third party's
> own existing customers". In addition, the "Registrar's access agreement
> shall require the third party to agree not to use the data to enable
> high-volume automated electronic processes that send queries or data to the
> systems of any Registry Operator or ICANN accredited registrar, except as
> reasonably necessary to register domain names or modify existing
> registrations". (3.3.6.4)
>
> The agreement says that the registrar "... may enable Registered Name
> Holders who are individuals to elect not to have Personal Data concerning
> their registrations available for bulk access for marketing purposes based
> on Registrar's 'Opt-Out' policy, and if Registrar has such a policy
> Registrar shall require the third party to abide by the terms of that
> Opt-Out policy; provided, however, that Registrar may not use such data
> subject to opt-out for marketing purposes in its own value-added product or
> service." (3.3.6.6)
>
> The text allows the Registrar discretion
>
> to prohibit, or
> to permit under conditions he chooses,
>
> the use of the registrants' data
>
> to condition the subsequent use of the data (3.3.6.5), and
> to have a privacy policy, or not, (3.3.6.6)
>
> but unless the registrar takes positive steps to have a privacy policy
> different from the Registration Agreement, the registrant's personal data is
> available as the Agreement prescribes. "Personal data" refers exclusively to
> data about natural persons.
>
> 17. Do you think that:
>
> a. These provisions should be maintained in the gTLD environment?
>
> Yes
> No
>
> b. These provisions should be extended to apply to other TLDs
> (subject to any comments in 12)?
>
> Yes
> No
>
> c. As a user would you welcome information from your chosen
> service provider introducing you to the additional services they may be able
> to provide?
>
> Yes
> No
>
> d. These provisions should be changed?
>
> Yes
> No
>
> If so, how?
>
>
>
> Question for registrars, ISPs, and hosting companies
>
> 18. Where non-disclosure of the name and address is requested by the
> Domain Registrant, the ICANN Accreditation Agreement allows for a name and
> address of a third party to be used where the third party has an agreement
> with the Registrant, does your company offer this service to its customers?
>
> Yes
> No
>
> Question for the public
>
> 19. To protect your privacy if you were offered the opportunity to use
> the name and address of a third party to act as your agent, would you
> register domains in the name of the third party rather than your own name.
>
> Yes
> No
>
> Other Comments:
>
> Please consider the following:
>
> 20a. What, in your view, is the most important personal privacy
> interest applicable to the Whois database?
>
> 20b. What, in your view, is the most important consumer protection
> interest applicable to the Whois database?
>
> 20c. What, in your view, is the most important law enforcement
> interest applicable to the Whois database?
>
> 20d. What, in your view, is the most important interest with
> respect to protection of minors applicable to the Whois database?
>
> 20e. What, in your view, is the most important network operational
> interest applicable to the Whois database?
>
> 20f. What, in your view, is the most important competitive or
> economic interest applicable to the Whois database?
>
> 20g. What, in your view, is the most important interest with
> respect to intellectual property rights that is applicable?
>
> 20h. What other interests, besides those listed above, should be
> considered with regard to the Whois database?
>
> Free text area for any other comments:
>
>
>
> 21a. Your e-mail address so we may send you a copy of your
> responses:
>
>
> 21b. Your name and organization:
>
>
>
> Your comments will be published for public review, not associated with
> your identity in item 21. Your e-mail address (item 21a) will be used to
> send a copy of your responses back to you, but will not be provided to third
> parties without your permission. Your name and organization (item 21b) may
> be published as part of a list of responding parties.
>
>
>
>
>
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