[gnso-rds-pdp-wg] Bigger Picture

[Chuck]

With this message I am going to start a new thread.  To set the stage let me
say that I have read every message on our WG list over the last 24 hours
other than any that may have been sent while I am writing this. In doing
that I have concluded that we need to step back and adjust our focus on the
bigger picture.

First let me say that we are not dealing with a choice of Whois as we know
it today versus no Whois at all, so let's discard that dichotomous choice.
Second, we have sufficient evidence to say that there are regulations in
some jurisdictions that forbid the public display of personal information
belonging to natural persons the way it happens with currently implemented
Whois policy and contractual requirements.  Third, all of us as law-abiding
citizens, whether individuals or organizations, must obey applicable laws.
Fourth, there are many uses of RDS data that provide essential benefits to
the Internet community so we as a WG need to figure out ways to obey laws
and still achieve the benefits of RDS data access.

I think it is critical that we recognize that the laws that are mandating
change to Whois policy and contractual requirements only impact a subset of
any RDS system that is developed.  We are not talking about all RDS users in
all geographical jurisdictions nor are we talking about all RDS data
elements.  In the case of the GDPR we are talking about personal information
about natural persons who reside in Europe.  I acknowledge that other
jurisdictions have similar legal restrictions, but I think that the GDRP
provides a good starting point.  That means that the problem we must solve
primarily involves a subset of all RDS users and global jurisdictions.

Fortunately, we now have a protocol that allows us to customize any
modification to the existing Whois system or development of a new RDS to
accommodate the varying legal requirements by jurisdiction.  That will not
be a trivial exercise, but it is doable.

With all that said, let's remember that we have a large subset of RDS data
and RDS users that are not impacted by the various data privacy and data
protection regulations around the world.  That doesn't make our job any
easier in dealing with the data elements and users who are impacted by such
regulations but let's at least recognize that the problems we must solve do
not involve the whole system.  I believe we still have the possibility of
recommending fairly open access for large numbers of users and data
elements; I am not saying whether we should do that or not, but I strongly
believe that it will help us to realize that we are not confronting an all
or nothing situation.

Finally, let me finish by saying that none of what I said makes our job
easy.  It will be hard.  But I ask every WG member to commit to constructive
collaboration with one other to achieve what no other Whois group has ever
done.  Let's disagree respectfully, avoid personal criticism, listen
carefully to one another and explore creative ways to find solutions to the
challenges in front of us.

Thanks for being a part of this WG.  Thanks for your patience and diligence
in sticking with us.

Chuck 

 

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