Bret and all, Excellent points in your remarks in response below! Well done! Who does the ALAC represent? Well my answer is at the moment it represents no one but should purport to represent users of all types without restriction or censor. -----Original Message-----

From: Bret Fausett <bfausett@internet.law.pro> Sent: Apr 15, 2008 7:27 PM To: NA Discuss <na-discuss@atlarge-lists.icann.org> Subject: Re: [NA-Discuss] who does the ALAC represent, was WHOIS study group

On Apr 15, 2008, at 3:43 PM, John Levine wrote:

...

The arguments about personal privacy and Burmese freedom fighters have never impressed me, not because I don't think they're important, but because removing info from WHOIS a lousy way to address them

Funny, but you could reverse those, and you'd have my position. I think fighting fraud and providing consumers accurate contact data for the companies with which they do business are really, really important, but WHOIS is a lousy way to address them.

What's really interesting here is that we can agree on the ends, but not the means.

On Apr 15, 2008, at 11:08 AM, Brendler, Beau wrote:

...

Oversimply stated, we are interested in seeing a compromise that would allow a consumer to use accurate WHOIS data to help determine the credibility of a Web site with which the consumer is about to do business....

My own sense of it is that if a website does not reveal its corporate name, corporate address, phone number and email address (the data you'd get from whois) on its own site, you'd best steer clear of it. I also have the feeling that consumers who have doubts about a website are more likely to Google the company name than to search whois. Those who would be inclined to use the whois are probably those who would be savvy enough to avoid unknown site operators altogether. If you do a study, this sort of consumer behavior would be something to study.

One last thought: any study should randomly select the participants. If you self-select, then every IP lawyer in the country will respond by saying, "oh yes, we use this all the time and it's of great utility." Do a study that can't be gamed by those with a horse in the race.

-- Bret

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