Just a question. Am I the only one to whom it sounds weird that you can register in privacy-friendly mode in a ccTLD, but not with a Registrar in the same country? To the best of my knowledge, a ccTLD is allowed to do that because it is recognized that it is subject to the jurisdiction of its own country. However, the registrar does also, in exactly the same way. Elaborating further, what would be the situation of a gTLD registry located in a country protecting privacy, and its registrars located in countries who don't? Just food for thought. Cheers, Roberto
-----Original Message----- From: alac-bounces@atlarge-lists.icann.org [mailto:alac-bounces@atlarge-lists.icann.org] On Behalf Of Danny Younger Sent: 16 September 2007 18:42e To: Vittorio Bertola; John L Cc: RAA-WG@atlarge-lists.icann.org; alac@atlarge-lists.icann.org Subject: Re: [At-Large] [RAA-WG] Fourth possibly final draft of RAA comments
Vittorio,
Sorry, but privacy is not a universally held "right" under law. Privacy laws exist is some jurisdictions, but not in others. In the United States we have case law (Peterson v. NTIA) that argues that the use of privacy/proxy services results in harm to the public interest by leaving the public without "easy redress" in areas pertaining to fraud and infringement -- accordingly, such services are now outlawed in the .us namespace.
Let's be clear about something... if you as a registrant seek to protect what you believe to be a privacy right, you have many options:
(1) You can register in an appropriate ccTLD (2) You can communicate anonymously at the third level (3) You can take advantage of a P.O.Box and/or an answering service phone number (4) You can utilize a proxy service (5) You can also file a lawsuit if you believe that your rights are being denied or abused. Thus far, I haven't seen any registrant privacy lawsuits directed at either ICANN or its registrars that have prevailed, which leads me to believe that the privacy argument is not as strong or as meritorious as you would have us believe.
Frankly, what we have now is a broad set of choices for registrants. I see no value in reducing this set of choices by attempting to mandate a privacy regime in the gTLD world while law enforcement interests, commercial interests, trademark interests and governmental interests remain opposed to this proposition.
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