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Subject:
From:
Milton L Mueller <[log in to unmask]>
Reply To:
Milton L Mueller <[log in to unmask]>
Date:
Mon, 29 Oct 2007 00:43:07 -0400
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> -----Original Message-----
> From: Non-Commercial User Constituency [mailto:NCUC-
> [log in to unmask]] On Behalf Of Cheryl Preston
> BUT, I currently see no hope that the global consensus is going to reach
> total abandonment of WHOIS without replacing it with something that
> allows, upon service of an appropriate court order or in compliance with
> treaty rights or otherwise, some mechanism whereby those to whom ICANN and
> IANA (and their contractually empowered, substructure agents) have granted
> power to access to the root can be held responsible for seriously illegal
> activity based on international law standards.  

That last sentence is a real mouthful. But let me assure you that even if Whois were completely abolished, tomorrow, national governments (and even some private parties) would still have the full power to:

a) take down completely domains that are responsible for illegal activity

b) issue subpoenas or warrants requiring registrars to reveal the personal identification data of the domain holder

The debate about Whois is not about whether that can happen. It is about whether anyone on the internet can see the private contact data, or whether there will be some minor restrictions on access to that data.

> consensus.  The answer has never been to abolish all registration
> information on boats or airplanes.

Again, be clear about what is being proposed. No one is talking about abolishing registration data. That is not being discussed or proposed by anyone. Please stay within the confines of the facts surrounding this debate. 


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