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Date:
Tue, 16 Mar 2004 10:10:54 -0500
Reply-To:
Milton Mueller <[log in to unmask]>
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Milton Mueller <[log in to unmask]>
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Non-Commercial User Constituency <[log in to unmask]>
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Kathy:

You make some convincing point. I propose to modify the
paragraph about "purpose" in the following way, which I 
am sure you will like:

"First, NCUC thinks it imperative that ICANN recognize the well-established data protection principle that the purpose of data and 
data collection processes must be well-defined before policies 
regarding its use and access can be established. The purpose of 
Whois originally was identification of domain owners for purposes 
of solving technical problems. The purpose was _not_ to provide 
law enforcement or other self-policing interests with a means of 
circumventing normal due process requirements for access to contact 
information. None of the current Whois Task Forces are mandated to 
revise the purpose. Therefore, the original purpose must be assumed 
until and unless ICANN initiates a new policy development process to
change it."

I propose that this paragraph should be appended to ALL NCUC
submissions regarding the 3 whois task forces. We must speak 
with a completely unified voice on this matter, and we must
pound away at it constantly. 

I will propose some additional modifications but let's 
get this critical one agreed on first.

>>> <[log in to unmask]> 03/16/04 05:54AM >>>
2) Task Force 2 is *unlikely to examine primary purpose* of the WHOIS
database.  Unfortunately, it was not until George Papapavlou's speech in Rome to NCUC
and Registrars that we heard this call so loud and so immediate.  The
questionnaires of TF2 (4 in all) are not designed to solicit input on primary
purpose.   They are designed to look at 1) uses (all forms of secondary uses), 2)
concerns (for the first time, we get to write our concerns for the misuse and
abuse of the data), and 3) privacy laws (are their national/regional laws that
protect WHOIS-type data).

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