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

on 5/15/01 4:05 PM, William X. Walsh at william@userfriendly.com wrote:

Hello William,

>> This document draws attention to one significant discrepancy between
>> ICANN-adopted policy, and the European Commission-adopted policy with regard
>> to Registrar-Registrant Agreements.
>> Freedoms granted December 2000 require that all EU citizens of the 15 member
>> nations who chose to register Second Level Domain Names as individuals shall
>> have the right to opt out of the WHOIS database altogether.
> Bad plan.

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. 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.

> 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?

> 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.


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