[registrars] Revised draft for TF2
Ross Wm. Rader
ross at tucows.com
Tue Apr 13 16:30:47 UTC 2004
On 4/13/2004 10:02 AM Rob Hall noted that:
Rob, inline...
> Can you tell me on what basis you say buk whois is 100% illegal in Europe ?
>
> My understanding of your privacy laws is that you must inform the user of
> how their information will be disseminated. Is it not true that if you tell
> the user that you will publish their information, and give it to whoever
> applies under your bulk whois contract, that you are covered legally ?
>
> You have informed the user of how their information is to be used, and
> distributed. It is then the users choice to continue given that they now
> know the playing field.
>
Is your issue with the registrar constituency advocating that the bulk
whois provisions in the contract be eliminated or the logic that
Thomas has used to justify that position?
> You also make a statement that seems to unlink whois and transfers. But
> they are in fact directly linked.
>
I didn't draw this same conclusion - which passage are you referring to?
> I also believe that one of the primary reasons we have a distributed whois
> for com/net is to promote competition, not lessen it. I am at a loss as to
> how making whois information available to the public hurts competition. I
> believe just the opposite occurs.
I think Thomas is saying that having two standards in place (i.e. one
based in ICANN policy and the other based in local legislation) will
create "forum shopping". Not sure if competition is especially germane
to this particular point.
>
> I believe that if you unilaterally break your ICANN contract for any reason,
> you should face enforement and penalties. If a big european telco broke
> their ICANN contract by not providing whois anymore, I suspect they would be
> found in breach, and no longer have a contract. Exactly as would any
> non-european registrar who broke their contract.
>
The key here is for the GNSO to develop policy that can be applied
equally across all relevant jurisdictions. The current policy
regarding Whois plays extremely close to this line - many of the
proposals completely cross it. Any proposal that can't be implemented
by registrars because of legal considerations needs to be discarded to
avoid the conditions you are concerned about.
--
-rwr
"Don't be too timid and squeamish about your actions.
All life is an experiment.
The more experiments you make the better."
- Ralph Waldo Emerson
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