Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    WHOIS Report Punts on Privacy | Log in/Create an Account | Top | 13 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re:As it always was
    by KarlAuerbach on Thursday February 06 2003, @11:08AM (#11104)
    User #3243 Info | http://www.cavebear.com/
    You mention that business identification is usually available to the public. Two points on that:

    1. Many domain name registrations, even those in .com, are not used for business purposes at all. If publication of whois data is based on business activity then that foundation doesn't exist for those names used for non commercial purposes.

    2. In nearly every State of the US many businesses organized as corporations can, and do, hide the identity of their principals. For example, here in California a closely held corporation (i.e. owned by only a few people) takes a bit of effort to penetrate. Another state, Delaware, allows even bigger corporations to act with a degree of anonanimity. And of course, with corporate hierarchies, with corporations owning corporations, particularly if some are foreign, it can be exceedingly impenetrable.

    But back to the basic issue of why whois should be private.

    Having a domain name is one of the keys to becoming a sophisticated user of the net - something beyond the typical AOL level of userhood. And as the net moves beyond being a toy and is integrated into peoples lives, having this beyond-AOL status will become increasingly useful to whatever activities that people chose to do.

    So we can't dismiss this issue of privacy any longer on the basis that it is an issue relevant only to a few.

    Among the widely accepted general principles of privacy are principles that data ought to be collected only for a specific purpose (in this case DNS registration.) Another principal is that data ought to be used only for that purpose (i.e. not to be used by spammers or trademark people - those are not uses consistent with the purpose for which the data was gathered.) That latter principal is violated by publication of whois to just anybody who wants to take a peek.

    There is indeed usefulness in whois data - but there ought to be some pre-conditions to obtaining access.

    First is that the person who wants to take a look ought to leave a calling card - an identity, contact information, and some authenticator so that we can believe the identity and contact. With the possible exception of law enforcement access, this information ought to be available to the data subject - it is reasonable for someone to know who has been peeking at their data.

    Second, the person who wants to take a look must demonstrate that there is a legitimate reason for him/her to take a peek. This can be mechanised to make it easy for those who tend to know in advance that they will need to occassionally take a look - for instance, ISP people in operations centers can have pre-arranged credentials that serve to both identify and to indicate that the person acts ina role in which access is usually well grounded.

    In the case of trademark people - their desire to access is based on an accusation that the data subject is engaged in unlawful use of a domain name. To my mind that kind of accusation requires that they demonstrate to a neutral magistrate with actual proofs of actual acts that their trademark rights are being harmed and that there is a reasonable basis to believe that the harm comes from the accused domain name.
    [ Reply to This | Parent ]
    Re:As it always was by KarlAuerbach
    Re:As it always was
    by dtobias (dan@tobias.name) on Thursday February 06 2003, @05:15PM (#11106)
    User #2967 Info | http://domains.dan.info/
    Well, it has always been my position that .com domains are intended for commercial use, and any other use of them is really abuse.

    While I oppose any attempt to retroactively impose any sort of registration restrictions on .com, .net, or .org, since doing this to a currently open-registration domain would be impractical and unfair (I said this back when the possibility of .org restrictions was "in the air", and still hold this position), I do support the tailoring of policies for the different TLDs to the type of users for which they are intended.

    Thus, .com should have policies appropriate for commercial use, such as requiring public WHOIS information, while a TLD intended specifically for individuals (e.g., .name) deserves a much more privacy-friendly policy.
    [ Reply to This | Parent ]

    Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com