On 05/14/2012 03:46 PM, Carlton Samuels wrote:
Dear Wendy: So noted.
I would encourage you to lay out the reasoning for your position to this list as well as on the wiki.
I have asked for a redline of the report against its draft version, but in the meantime, repeat the NCSG's concerns that privacy should be given much more substantial weight in the WHOIS analysis: http://forum.icann.org/lists/whois-rt-draft-final-report/msg00020.html The report should explicitly recommend that WHOIS policy recognize that registrants, both individual and organizations, commercial and non-commercial, have a legitimate interest in, and in many jurisdictions the legal right to, the privacy of their personal data. In the normative discussion, privacy should be given equivalent emphasis to accuracy. It would be instructive in this regard to reference the OECD privacy guidelines, agreed to by all OECD member countries with input from business and civil society. Data accuracy (or 'quality') is considered by OECD members to be of equal importance to purpose specification, use limitation and security safeguards, none of which factors are supported by Whois as it currently operates. (OECD Guideline reference: http://www.oecd.org/document/18/0,3343,en_2649_34255_1815186_1_1_1_1,00.html ) It is as important that registrants have privacy as that their data be accurately recorded. At the moment, the report appears, from its emphasis on access and accuracy, to discount those privacy concerns that are accepted by all OECD member states and participating business and civil society actors as having equal importance. --Wendy
Kind regards, - Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================
On Mon, May 14, 2012 at 3:24 AM, Wendy Seltzer <wendy@seltzer.com> wrote:
On 05/13/2012 05:26 PM, Carlton Samuels wrote:
Speaking as Chair of the At-Large WHOIS WG, I shall recommend that the ALAC issue a statement fully endorsing the recommendations of the Final Report
As a member of the WG, I recommend against that.
--Wendy
- Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================
** [image: ICANN] <http://www.icann.org/> News Alert
http://www.icann.org/en/news/announcements/announcement-11may12-en.htm ------------------------------ WHOIS Policy Review Team Final Report
11 May 2012
*Forum Announcement:* Comment Period Opens on *Date:* 11 May 2012 * Categories/Tags:*
Reviews/Improvements WHOIS Policy Transparency/Accountability *Purpose (Brief):* The WHOIS Policy Review Team, constituted under ICANN's Affirmation of Commitments (AoC) agreement with the U.S. Department of Commerce, submitted its *Final Report and Recommendations< http://www.icann.org/en/about/aoc-review/whois/final-report-11may12-en.pdf
* to the ICANN Board and this document has been posted for public comment. *Public Comment Box Link:*
http://www.icann.org/en/news/public-comment/whois-rt-final-report-11may12-en...
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-- Wendy Seltzer -- wendy@seltzer.org +1 617.863.0613 Fellow, Yale Law School Information Society Project Fellow, Berkman Center for Internet & Society at Harvard University http://wendy.seltzer.org/ https://www.chillingeffects.org/ https://www.torproject.org/ http://www.freedom-to-tinker.com/