Input to Expert Working Group on gTLD Directory Services Who on the EWG Specializes in Abuse of the Whois Data?
Kathy Kleiman
kathy at kathykleiman.com
Thu Aug 22 10:57:53 UTC 2013
/*We submit the following comments (below and attached) to the EWG.*//*
*//*
*//*Sincerely,*//*
*//**//*
*/
*/Kathy Kleiman
Tamir Israel
Milton Mueller
Roy Balleste
Robin Gross
Avri Doria
Marie-Laure Lemineur
Edward Morris
All members of the NCSG/*
*/**************************************************
/*
*/Who on the EWG Specializes in Abuse of the Whois Data?/*
As we look down the list of the members of the EWG, we see a number of
people who use the Whois data -- regularly and on a daily basis. But
what we */do not see /*is people who work with */abuse of the Whois data
regularly and on a daily basis. /*
//
Who on the EWG brings to the work the day-to-day */abuse of the Whois
data/*, not only to spam, but to stalk, harass, intimidate, threaten,
fight, bully and even jail or worse?
Who on the EWG knows firsthand the threats that have come from large
companies, large law firms and large governments who seek to exploit
their positions as competitors and dictators to intimidate, harass,
disclose and threaten smaller companies, entrepreneurs, organizations
and individuals?Who has seen the speakers driven off the Internet, the
families threatened and the bad acts exposed -- including by competitors
and dictators?
We in the NCSG strongly call on the EWG to STOP its current work and
return to first principles -- to identify not only the uses of Whois,
but the abuses as well.
We note that studies of Whois data will NOT provide this data (as we
were intimately involved in drafting these studies). However, to balance
the array of trademark attorneys and trademark representatives, we call
on the EWG to hear about the qualitative experiences of those who have
worked firsthand in Whois abuse and are easily available within the ICAN
community.They include:
-Kathryn Kleiman (co-founder of the Domain Name Rights and Noncommercial
Users Constituency based on her anger after massive abuses of Whois data)
-Wendy Seltzer, founder of the Chilling Effects Project, originally at
the Electronic Frontier Foundation and now hosted at Harvard's Berkman
Center for Internet & Society (including letters sent that go far beyond
normal protocol to threaten, harass, malign, and manipulate domain name
Registrants largely exploiting the large-small imbalance and the threats
that can reach Registrants and intimidate them to feel endangered in
their homes)
-John Berryhill, an attorney who has represented numerous maligned and
threatened Registrants in UDRP/domain name dispute proceedings and
received more findings of "Reverse Domain Name Hijacking" than any other
attorney (a finding that the trademark owner abused the process of the
UDRP).John Berryhill knows firsthand the abuse of the Whois data to
threaten, intimidate and harass Registrants.
-Other attorneys who represent Registrants.
*/We call on the EWG to put together a panel to meet with it (in person
or by telephone) at the meeting in /**/Washington/**//**/DC/**/next week
or at its next scheduled meeting.This is an issue that should not be
further ignored. /*
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