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

on 5/15/01 6:52 PM, Kristy McKee at k@widgital.com wrote:

Hello Kristy,
> Any Registry should make their Second Level Domain Name Registrant
> information available via WHOIS.

Not in the public domain. The difficulty is that on one continent privacy is
deemed a right and on another it is deemed a privilege.

I am working on Part 2 of my document to address specific adverse effects
for individuals, families, and community organizations of such a policy and
having reviewed existing comments and papers (which I will attribute in due
course). Questions that need to be answered include (in no particular order)

1) Why should I have to appoint myself as agent regarding service of
2) Why do telephone services offer unlisted numbers, but Registries-
Registrars do not offer unlisted DNs?
3) Why should I have to relinquish personal privacy and personal rights and
protections to obtain a domain name?
4) Why do I have to be the subject of a growing number of third party sales
5) Why do I have to agree to third party profiteering from selling my
personal data?an 
6) Why does the DNSO not have an existing policy to protect affected
Registrants privacy?
7) Why do the proposed new Agreements continue to impose public record of
the physical contact address of an individual Registrant while introducing
restrictions for less intrusive contact data (fax and email)?
8) Why does the Registry require any more than a technical contact for a DN?
9) Why has ICANN engaged in Social policy making on this issue without
consulting DNSO?
10) Why is information being collected, not for the purposes of billing, but
to make available to the public through the WHOIS database?
11) Why should every individual coming on-line disclose his/ her personal
details in a manner that allows millions of people to gain immediate access
to potentially sensitive data?
12) Why should individuals and families with children have to suffer the
inconvenience and not inconsequential cost of renting a PO Box number (if
available) to protect their home address? (at US$45.00 locally, this equates
to roughly 400% per annum of the average cost paid by business in equivalent
DN Registration fees).
13) What attempts have been made by ICANN to consult affected stakeholders
on these issues before presenting new agreements, if any?
> In accordance with the RFC's dealing with SPAM, it is not acceptable for
> folks to use this WHOIS data to promote the generation of unsolicited
> e-mails.  

But who is enforcing the SPAM policy and how?

Already in existence are many companies helping rid the world of
> SPAM with out generating more of it and I am confident balance will be
> achieved in the future.

SPAM is the least of the problems. For example, If I know your US address, I
have easy access to the price you paid for your house, when you bought it
and roughly what it's worth now. That's valuable and sensitive information
that may restrict nature of the website content linked to that address. It
restricts freedom of speech. The bottom line is that Registries and
Registrars should not be allowing unrestricted access to any personal data
whatsoever. Personal data is for the Registrant to disclose in the public
domain as they see fit, or not.

> An opt-out system should never be in place to handle situations like
> these:  if the decision is to use the language you provided for us, I think
> you must change it to an opt-in situation so no one who wants to opt-out is
> included in the master list ever

I don't have problem with that. In fact, I agree with you, but proposed it
in the usual way of the telecommunications industry, where details are
automatically included in the directories unless a request is made to opt
out. Interestingly, in the UK, to have an unlisted number costs no more than
a listed number, (and is recommended for certain groups, such as single
women), whereas in the US, it is a chargeable option.

> :)
> ~k

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