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Any Free Speech Left in .US?
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You might also find grounds under the Privacy Act of 1974 (5 USC 552a - don't miss that little 'a' else you end up at FOIA instead of PA.)
The argument would be about definitions - whether the registration information for .us is a system of records that is under the control of an agency of the US Gov't. Given NTIA's intrusive hand my guess is that there is a strong argument to believe that such control exists and that the private registry operator is merely a facade acting under the contractual control of a governmental decision maker.
If that threshold hurdle is overcome, then all the PA's requirements about publication of the rules of the system of records, its purpose, etc etc, come into play.
I raised this same issue with NSF way back in 1997 and got a really weasly answer that didn't comport with even the most rude, much less rudimentary, notions of administrative process. Let me know and I'll scrounge up the pointers (all the materials are online.)
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| Starting Score: |
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I wonder if the US Government will make arguments similar to the one in the John Gilmore case [uscourts.gov].
I've always considered proxy registrations to be a fair compromise, i.e. the proxy registrants acting as a "legal contact".
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