Danny and all, The problem with third party access to currently restricted Whois data is that there needs to be sevear restrictions as to what can be done with the restricted data these third parties have access to, and how oversight is to be effected. Can the ICANN staff effectively prevent abuse of such third party access? I doubt it... -----Original Message-----
From: Danny Younger <dannyyounger@yahoo.com> Sent: Apr 29, 2008 4:54 AM To: Fatimata Seye Sylla <fsylla@gmail.com> Cc: At-Large Worldwide <alac@atlarge-lists.icann.org> Subject: Re: [At-Large] GAC Recommendations for WHOIS Studies
Hi Fatimata,
Re: "Who decides what uses are legitimate?"
ICANN, by way of of Consensus Policy recommendations from the GNSO Council, decides what uses are legitimate. The last such decision was ratified in March 2003 by the Board (with implementation delayed until August 2004) and took the form of the "WHOIS Marketing Restriction Policy" which can be found here: http://www.icann.org/registrars/wmrp.htm
The issue being dealt with concerned the uses of BULK Whois data -- anyone may currently purchase BULK Whois data from a registrar (with annual fees for such data access limited to a $10,000 cap), or from a registry. Just by way of example, during the month of December 2007 VeriSign issued 1,781 passwords for third party bulk access to the .com zone file.
Per the policy, those third parties that access the data are not to use the data to allow, enable, or otherwise support any marketing activities. At issue, of course, is whether ICANN's compliance Department actually audits such usage (probably not) and whether it has the tools to enforce the written policy (it doesn't).
PS. It might well be the case that such data sales (which include private data) are unlawful in the EU and in other jurisdictions, but I will leave it to others to expand upon this point.
regards, Danny
--- Fatimata Seye Sylla <fsylla@gmail.com> wrote:
Danny,
I read the document and it is not clear for me whether these studies are relevant or not as they relate to "legitimate uses". Who decides what uses are legitimate? The all issue may come from that point. If ICANN was to decide, the studies would make sense to me, but is ICANN really in charge?
Fatimata
On Thu, Apr 24, 2008 at 7:41 PM, Danny Younger <dannyyounger@yahoo.com> wrote:
http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf
The GAC has put forward 15+ topics related to
WHOIS
that they believe should be studied. The GNSO WG that is focused on the same topic will tender its own recommendations on 22 May. On the GNSO WG are three at-large participants (myself, Beau Brendler, Wendy Seltzer) that could benefit from your input.
If you believe that certain studies are warranted, please tell us and offer up your particular recommendations. If you believe that further studies are nothing more than a stalling tactic being exploited by certain constituencies to hamper privacy initiatives and that no more studies are actually warranted, feel free to tell us that as well.
Whatever your views, we will be happy to convey them.
If you would like to communicate your thoughts directly to your GAC representative, contact details are here: http://gac.icann.org/web/contact/reps/index.shtml
If you would like to formulate WHOIS policy, please join the ALAC WHOIS WG -- signup details at
http://atlarge-lists.icann.org/mailman/listinfo/whois-wg_atlarge-lists.icann...
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