Asked and answered. There is a distinction -- that most people and governments seem perfectly capable of making -- between the rights of individuals and the rights of disembodied entities. This distinction appears to be totally lost on advocates of registrant privacy. Just as any business, trademark or non-profit can be casually and easily traced its owners/stakeholders -- even in jurisdictions that put huge value on the privacy of individuals -- so should domains. - Evan On 31 January 2011 18:27, Karl Auerbach <karl@cavebear.com> wrote:
On 01/31/2011 03:11 PM, Evan Leibovitch wrote:
Why shouldn't third parties who are not law enforcement be able to verify the accuracy of the information provided?
That same argument can be made that for public health purposes that each and every one of us have our entire history of sex partners published, 24x7, for anonymous access by any one for any purpose.
There is a thing called privacy.
As for law enforcement - even if they read an open telephone directory they are obligated, at least in the US, to adhere to due process constraints and are (arguably) supervised by courts, legislatures, executives, and the political process. Private actors are not so constrained.
Simply put - law enforcement issues are outside of the whois access debates becase law enforcement already has access powers that are outside of those exercised by private actors and because those powers are already governed by due process constraints and oversight.
And simply put again - if someone wants to access whois they ought to be obligated to put their name and cards on the table and into a permanent record, backed by a concrete and specific accusation, backed by concrete evidence, and agree to an enforceable contract that constrains use and third party transfers of the data - before they get to see the goods.
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