[registrars] Revised draft for TF2
Thomas Keller
tom at schlund.de
Tue Apr 13 13:12:08 UTC 2004
Hello,
the discussion of the last days has been exceptional usefull and
helped me to revise my first draft (attached). Beside referring
to the changes I made in the document I would like to explain some
of my thoughts behind certain passages in the draft. Lets start with
the changes:
1. Pauls data fields were incorporated
2. The Tech-C data fields where changed to a Tech-C Point of Contact
field as suggested by Tom Barrett and Paul
3. The possibility to display additional data as requested by Elana
has been incorporated
4. A reference to the original use of WHOIS as requested by Brian has
been incorporated
5. Wording has been changed to reflect that we haven't voted on this
matter. This was requested by Tim (just a tiny change)
6. Three Whois levels have been cut down to two due to the request of
Jean-Michel
The only two debated issuess I didn't change is the request to strike
the Bulkwhois obligation and the general statement about national
legislations and whois. Please let me explain my reasons for not changing
it.
Bulkwhois
This one is rather simple. Bulkwhois is 100% illegal in Europe and
I'm pretty sure that this holds true for most other countries with
privacy regulations. I can't imagine one company in Germany entering
in such a agreement. Therefore to still be able to provide a leveled
playing field this generally unloved obligation must go.
National legislations and whois
I totally understand the concerns some might have but I would like to
ask them to consider two points:
1. Is it really likely that such a provision will effect competition
in a negative way if all necessary data for competition must be made
available? Please keep in mind that we only talk about whois
information and not about countries passing laws prohibiting
transfers. This would indeed be, even if highly unlikely, a problem.
2. Would such a provision not only be an acknowledgement of the existing
cirumstances. Being realistic one must admit that we already
have the situation where a company y in a country x could decide to shut
down whois if their local legislation demands it without having to
fear any kind of penalties by ICANN. I guess it would be a very
interesting showcase to see ICANN argueing with EU officals and lawyers
why i.e. a big european telco is not providing whois anymore.
Thats it for the moment.
Best
tom
--
Thomas Keller
Domain Services
Schlund + Partner AG
Brauerstrasse 48 Tel. +49-721-91374-534
76135 Karlsruhe, Germany Fax +49-721-91374-215
http://www.schlund.de tom at schlund.de
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