Terri
The key words in there are:
“existing policy” – that’s subject to change and
there are more than half a dozen current WHOIS related
activities ongoing
“applicable laws”
Both .cat and .tel whois is compliant with EU data
privacy law and protects the rights of private individuals
BUT allows for access to data to LEA
See:
http://fundacio.cat/ca/whois-access
for example
Regards
Michele
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From: gnso-ppsai-pdp-wg-bounces@icann.org
[mailto:gnso-ppsai-pdp-wg-bounces@icann.org]
On Behalf Of Terri Stumme
Sent: 04 March 2015 05:08
To: Stephanie Perrin
Cc: gnso-ppsai-pdp-wg@icann.org
Subject: Re: [Gnso-ppsai-pdp-wg] [GNSO-ppsai-pdp-wg]
Openness of WHOIS
While this
is true, we cannot ignore the Affirmation of
Commitments:
9.3.1 ICANN additionally
commits to enforcing its existing policy relating to WHOIS,
subject to applicable laws. Such existing policy
requires that ICANN implement
measures to maintain timely, unrestricted and public
access to accurate and complete WHOIS information,
including registrant, technical, billing, and
administrative contact information. One year from the
effective date of this document and then no less
frequently than every three years thereafter, ICANN will
organize a review of WHOIS policy
and its implementation to assess the extent to which WHOIS policy
is effective and its implementation meets the legitimate
needs of law enforcement and promotes consumer trust.
On Tue, Mar 3, 2015 at 11:13 PM,
Stephanie Perrin <stephanie.perrin@mail.utoronto.ca>
wrote:
Further to our discussion this
morning about the openness (or otherwise) of WHOIS,
here is the quote I was referring to from the SSAC
document 003, from 2003:
In
order for Whois data to be readily available it
must be both accessible and usable by
automatic
tools. To be accessible the Whois protocol must be
updated to support the
recent
shift in the architecture to separate the functions
of the registry and the registrar.
This
shift has made it impractical to support
searching and frequently makes it difficult to
find
Whois services. To be usable the data returned
by Whois services must in be a
However,
being accessible and usable must also protect
a registrant's privacy. Many
countries
require that personal information is protected
but in addition registrants may
wish
to discourage the unintended, undesirable, and
otherwise unwanted uses of their
Whois
data. In particular, it is widely believed
that Whois data is a source of email
addresses
for the distribution of spam. Methods must be
developed to discourage the
harvesting
or mining of Whois information.
I interpret this as support for the notion that
there have been reservations from parties other
than civil
society, with respect to the concept of all
WHOIS data being freely available, from the
early days of ICANN.
Stephanie Perrin
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