[gnso-rds-pdp-wg] Reputation systems are not just nice to have (was Re: What we want redux)

[Jeremy Malcolm]

On 3/10/17 2:56 pm, allison nixon wrote:
> Those and others are currently listed on ICANN's website as uses for
> WHOIS data. To reject anti-abuse as a purpose would be to shift away
> from the currently accepted purposes of WHOIS.

I'm arguing that it's a secondary purpose, not the primary purpose.  A
secondary purpose is a purpose for which information, that was gathered
for a primary purpose, can also legitimately be used.  So for ICANN to
call these uses of WHOIS data "legitimate" does not imply for purposes
of data protection law that they are the primary purpose for collection
of that data.

The distinction is that if anti-abuse is a primary purpose, we would be
collecting a lot more information than if it is a secondary purpose.  (I
accept you're not arguing for the collection of additional information,
but my opposition to anti-abuse as a primary purpose is to counter such
arguments.)

-- 
Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
https://eff.org
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

:: Defending Your Rights in the Digital World ::

Public key: https://www.eff.org/files/2016/11/27/key_jmalcolm.txt
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