Personally it was not surprising to me. Just about every business I know consider web resources as assets. So for them, 'search and/or seizure' in the virtual world and any charge on their 'good will' capital have the same impact as would be experienced in the 'brick and mortar' world. Plainly, bad for business. The ALAC WHOIS position embraces several principles 1) a contract as a worthy vehicle to express a consensus policy 2) contract enforcement as a responsible tool for conservation of a consensus policy 3) equal weight to proxy and/or privacy registrations presumed on informed consent with strict liability. In effect, the ALAC posture is for enforcement of Clause 3 of the RAA now in force, predicated on informed consent at collection. This Clause commits the Registrar to collect certain data elements (*the dataset*) and to make them available for public inquiry with certain limitations and exceptions, all outlined in sections of that Clause. The dataset at issue consists of the following elements: 1. The name of the Registered Name; 2. The names of the primary nameserver and secondary nameserver(s) for the Registered Name; 3. The identity of Registrar 4. The original creation date of the registration; 5. The expiration date of the registration; 6. The name and postal address of the Registered Name Holder; 7. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name 8. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name. The controversy surrounding privacy in our community is centred on the collection, processing and access to elements 1, 6, 7, 8, especially the finer sub-elements of 6, 7 and 8 and the extent to which these must be faithfully recorded and be accessible. - Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= On Fri, Mar 23, 2012 at 4:21 AM, Lutz Donnerhacke <lutz@iks-jena.de> wrote:

On Thu, Mar 22, 2012 at 10:05:36PM -0500, Carlton Samuels wrote:

...

http://www.iccwbo.org/uploadedFiles/Law_enforcement_access_to_company_data_f...

Thank you for pointing to this document. To my honest surprise the paper asks the the Law Enforcement Agencies to respect the laws in other countries and urges them to use cross-country law enforcement frameworks.

Breaking it down to WHOIS, it declares the "global, unrestricted access to complete data" as a violation of data protection and privacy laws. _______________________________________________ WHOIS-WG mailing list WHOIS-WG@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/whois-wg

WHOIS WG Wiki: https://st.icann.org/gnso-liaison/index.cgi?whois_policy