hi

very happy to see this - i see wendy seltzer has 
supported as an individual in the public forum - 
with the emphasis on user's (individual's) 
privacy rights, one that ALAC might take up also? i'll drop a note there..

karen

At 15:07 27/06/2007, Milton L Mueller wrote:
>Thanks so much, Kathy! Does anyone object to 
>putting in these comments on behalf of NCUC?
>
>
>----------
>From: Non-Commercial User Constituency 
>[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
>Sent: Tuesday, June 26, 2007 11:31 PM
>To: [log in to unmask]
>Subject: [NCUC-DISCUSS] Draft comments to 
>support .TEL's Whois proposal - due 6/28
>
>All,
>I have not yet seen any comments circulated 
>among us to support Telnic's proposal to modify 
>its Whois publication consistent with the data 
>protection laws of the UK and EU.
>
>Telnic is in exactly the situation we have 
>always feared:  ICANN rules (adopted in the US 
>decades ago) force publication of all personal 
>data, but the UK and EU laws give the individual 
>control of this data and make illegal its 
>publication without the individual's consent.
>
>This is an important opportunity for our 
>constituency.  I have drafted some short 
>comments below.  Thanks for your review.  Due to 
>time considerations (including that I am 
>swamped), please send specific changes, 
>additions and edits if you have them.  Comments 
>due 6/28. Public notice at 
><http://www.icann.org/announcements/announcement-07jun07.htm>http://www.icann.org/announcements/announcement-07jun07.htm.
>
>Regards and thanks to all the meeting,
>Kathy Kleiman
>--------------------------------------------------------------------------------------------
>The Noncommercial Users Constituency fully 
>supports the proposed changes of Telnic to the 
>registry agreement as consistent with the laws 
>of the United Kingdom and the European Union.
>
>Telnic’s proposal to modify the data displayed 
>to the world of its registrants, especially 
>individuals, takes into account the legal 
>requirements of the UK Data Protection Act of 
>1998 and the EU Privacy Directive.  These laws 
>of a country and a continent provide rights to 
>individuals which allow them to control the 
>distribution of their personal 
>data.  Individuals cannot have their address, 
>phone, fax and email published without their express consent.
>
>Telnic has handled this matter properly.  It has 
>consulted with the UK Information Commissioner's 
>office which oversees and enforces data 
>protection laws in the UK.  Its proposal follows 
>the example of Nominet, the UK country code, 
>which has a Whois policy that allows .UK 
>registrants to protect their personal data.  It 
>also follows the example of the Global Name 
>Registry, incorporated in the UK and the first 
>sponsored gTLD to seek to modify the gTLD Whois 
>requirements to better protection personal data under law.
>
>It is a completely unacceptable to ask a 
>registry to violate civil and criminal laws as a 
>condition of operating in the ICANN 
>community.  It is a Catch-22 the Whois Working 
>Groups and even the GAC have expressed concern 
>over many times. Telnic wisely chose the 
>proactive approach – to seek compliance with 
>both ICANN contractual requirements and the UK 
>and EU laws. It is an important request.
>
>The NCUC strongly supports the grant of Telnic’s 
>request as consistent with good business 
>practices,  fostering corporate compliance with 
>national law, and making clear that “gTLD Whois 
>services must comply with applicable national 
>laws and regulations” [GAC communique of Whois
>
>We ask that ICANN adopt the Telnic proposal with alacrity.
>
>The Noncommercial Users Constituency
>[Date of transmission to ICANN]
>
>
>
>----------
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