[IAG-WHOIS conflicts] News from Brazil

[Carlton Samuels]

Hi Alyne:
The situation you outlined happens more often than we care to acknowledge.
The first problem arise from the terms for registration of a domain name.
The current Registrar Accreditation Agreement compels registrars to gather
and post - either on a website of via a simple web service call to a
specific port - a lot of what is considered personal data as part of the
publicly available WHOIS record a lot of what is considered personal data.
There is no rule that prevent a third party from harvesting this
information and making it all available elsewhere for a different purpose.
We know this practice conflicts with national laws pertaining privacy and
personal data protection but ICANN in its wisdom continues to insist on
promoting unless there is a waiver granted.

That Brasil did not get the same response from Godaddy as say the US
government to contrast is not surprising. They will tell you it is
difficult to get all upset about stuff that is entirely legal in the U.S.
Contrast that to allegations of violation of IP and they tend to respond to
express 'takedowns' requests from US government agencies in the blink of an
eye. And without due process; any judicial intervention.

The practice also allows so-called privacy/proxy registrations which
obscures the provident owner of a domain name. If your set of domain names
at issue here are registered by proxy or is shielded as a privacy one, it
is very difficult to finally determine the name of the domain name owner.
This aside, some developments are in train which you might find of interest.

The Expert Working Group on gTLD Directory Service (EWG) spent 2 years
dealing with these issues and has made some recommendations for ICANN to
consider for a new generation of Registration Data Service, formerly WHOIS.
See the report here:
https://www.icann.org/en/system/files/files/final-report-06jun14-en.pdf

There are currently two WGs looking at issues pertaining that you might
find useful; the PPSAI and IAG-WHOIS Conflicts. The PPSAI just published
its initial report. You can see it here:
https://www.icann.org/public-comments/ppsai-initial-2015-05-05-en

I have served on all three groups mentioned here.  Anyway I can assist in
helping better understanding of the problem I'd be happy to help.

Best,
-Carlton



==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================

On Sat, May 9, 2015 at 12:38 PM, Alyne Andrade <alyne.ibdi at gmail.com> wrote:

> Hello Everybody,
>
>
>
> In this week, was noticed a site “*nomesbrasil.com
> <http://nomesbrasil.com>” in Brazil. *
>
>
>
> *The site show *personal data of Brazilian citizens, such as full name and the
> registration of individual (number which may indicate the financial
> situation).
>
>
>
> This site violated the Marco Civil of Internet and the Consumer Protection
> Code. The the Ministry of Justice notified the goddady provider to seek
> information about this domain name. The penalties for irregularities may reach
> $ 7.2 million.
>
>
>
> This  site (“*nomesbrasil.com <http://nomesbrasil.com>”) *use of domain
> names for illegal and abusive activities.
>
>
>
> However, Nomesbrasil.com is hosted in United States by GoDaddy.com, LLC.
> jQuery was not found on the site. More details can be found in Section
> server.
>
>
>
> http://sitemacro.com/www/pt/nomesbrasil.com#server-properties-section
>
>
>
> http://sitemacro.com/www/pt/nomesbrasil.com
>
>
>
>
> http://www.tribunadabahia.com.br/2015/05/06/invasao-de-privacidade-generalizada-na-internet
>
>
>
>
> http://www.procon.sc.gov.br/index.php/outros-destaques/766-ministerio-da-justica-notificou-site-qnomes-brasilq
>
>
>
> The databases with personal information of citizens collected illegally are
> common and used by criminals for various types of fraud. They can buy
> things in other names, get some kind of credit. Unfortunately, it is not
> difficult, being in possession of the data, practicing criminal actions. The
> person (who had the stolen data) could end up with a debt. But usually criminals
> have no significant credit without the signature of the person.
>
>
>
> The Ministry of Justice wants to know who is responsible for this site.
>
>
>
> How to make sure the IP address?
>
>
>
> How to protect the personal data of citizens of sites that hide to avoid
> any legal penalties?
>
>
>
> Is a cyber war of personal data control?
>
>
>
> Do you believe that they can find the responsible of this site?
>
>
>
> Best Regards,
>
> Alyne Andrade.
>
>
>
> President of the IBDI http://www.ibdi.org.br/site/
>
> https://www.facebook.com/groups/ibdi.grupo/?fref=ts
>
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>
>
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