[gnso-rds-pdp-wg] [renamed] Key early questions

[Sam Lanfranco]

I have been traveling and this is a short late response to Michele's 
comments, all of which I agree with and have always agreed with in terms 
of the "interests of interested parties".

The one-note drum I have been beating here is that in the final analysis 
what gets collected, where it is stored, and what the privacy and access 
rights are for various parties will be determined for the most part 
outside the ring fence remit within which ICANN operates. Those rights, 
restrictions and obligations will be strongly determined by the national 
and regional polices of the entities (countries, EU,..and multilateral 
treaties, etc.) where registries, registrars, and ISP have their 
corporate existence, and where they wish to continue to do their business.

Sam

On 5/11/2016 6:38 PM, Michele Neylon - Blacknight wrote:
>
> Sam
>
> Just my personal thoughts on some of this, as one of “the Irish” .. 
> and also one of the people who raised the legalities etc.,
>
> An important point to note.
>
> There is a big difference between data collection and data 
> publication, as has been noted by others in relation to a variety of 
> subjects that have been discussed.
>
> The current whois is problematic for some actors as there are no 
> proper controls over who has access to the data – it’s basically an 
> “all or nothing” system.
>
> While some people may wish to argue that too much data is collected, 
> or that the data is used in ways for which it wasn’t originally 
> intended, the key point is that people and organisations have 
> developed legitimate reasons for wanting to access the data and for 
> using it.
>
> Whether I personally like every valid use of registration data or not 
> isn’t important, what is important is that there are valid purposes 
> that exist “out there” which cannot be completely ignored.
>
> So when discussing any potential replacement for the current whois it 
> is important to take note of many valid uses of registration data.
>
> We cannot discount them and ignore them completely.
>
> However how much and which data should be made public to everyone 
> without any access controls is another matter entirely.
>
> Taking a more technical angle on this.
>
> In the case of nameservers, you would not be able to do a zone 
> transfer from our primary nameservers, as that access is restricted. 
> If, however, you were on a whitelist of some kind ie. we “trusted” 
> you, then you could get that kind of access.
>
> Regards
>
>
> Michele
>
> --
>
> Mr Michele Neylon
>
> Blacknight Solutions
>
> Hosting, Colocation & Domains
>
> http://www.blacknight.host/
>
> http://blog.blacknight.com/
>
> http://ceo.hosting/
>
> Intl. +353 (0) 59  9183072
>
> Direct Dial: +353 (0)59 9183090
>
> -------------------------------
>
> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business 
> Park,Sleaty
>
> Road,Graiguecullen,Carlow,Ireland  Company No.: 370845
>

-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
  邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

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