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    Canada's .ca public WHOIS to be PIPED out | Log in/Create an Account | Top | 10 comments | Search Discussion
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    Re:.ca Whois Privacy
    by GeorgeK on Wednesday November 24 2004, @02:42PM (#14472)
    User #3191 Info | http://www.kirikos.com/
    I respectfully disagree, as keeping the WHOIS private shifts the costs of abuse on to the victims. I've written about this a lot in the past [dnso.org], so click that link if you want to see my arguments again. It's all about costs and benefits, and there's a big cost in terms of increased abuse that would result if WHOIS is kept private like that (it doesn't matter so much for .ca, as it's a small ccTLD, but the debate is much more important for .com).

    My "compromise" proposal was that there be at least a public "Legal Contact" for each domain name. This could be a "Domains by Proxy" type solution, a lawyer, or the registrant themselves. They'd be the point man to handle and be responsible for abuse originating from the domain. I think the IP community would be on my side with that compromise, too. Abusers would need to pay a much higher price to proxy their identity, compared to non-abusers (just like bad drivers pay more for insurance). Non-abusers who desired extra privacy would likely pay on the order of $1 or $2/yr more, or in many cases $0 (i.e. many ISPs would charge nothing).

    If you want absolute privacy, don't buy a domain name. A domain name isn't private like your bedroom at home -- it's inherently in the public realm -- the internet is a public network of networks.
    [ Reply to This | Parent ]
    Re:.ca Whois Privacy by GeorgeK
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    Re:.ca Whois Privacy
    by KarlAuerbach on Wednesday November 24 2004, @05:32PM (#14473)
    User #3243 Info | http://www.cavebear.com/
    You are prejudging who is the abuser and who is the victim. Spammers, predators, marketeers, and intellectual property zealots who are digging into whois data are quite often, and probably most frequently, the abusers while the domain name holder is the victim.

    Would you like it if anyone could walk in your front door, without notice, without permission, at any hour day or night, without reason, and without the presentation of any identification?

    Clearly you would not tolerate such a gross violation of your privacy. (In fact, in many places you might even be held legally non-culpable if you shot such an intruder dead in his/her tracks.)

    As for the idea of a legal contact - there is one already - the individual adult person. And there already are procedures to identify that "legal contact" and bring him/her/it into the dispute resolution process. However, those procedures require that you identify yourself, make a prima facie demonstration that you are harmed by the accused, and have that demonstration subject to review by a magistrate or judge. It's called the legal system.

    What you are suggesting is that we toss aside the legal system and substitute a vigilante system that lacks even the most rudimentary forms of even-handed procedures. Is there a reason for the law of the internet to resurrect the techniques that were used in the Inquistion and the Massachussets witch "trials"?

    As for your claim that a domain name somehow puts you into a public space. If that were true so would a telephone number, so would having a postal address. There is nothing in the nature of having a domain name that has the nature of exigent danger to life or limb or irreparible damage to property that it justifies such a wholesale abandonment of the right of people to have their privacy respected unless and until there are concrete and specific reasons to believe that they have committed an illegal act. There is nothing in the nature of domain name caused damage that justifies the abandonment of even handed processes and the wholesale discard of the idea of personal privacy.
    [ Reply to This | Parent ]


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