Excellent! I will change Ashley's sex and surname, include the very relevant modifications suggested by Milton, and send the message according to Norbert's suggestion. frt rgds --c.a. Norbert Klein wrote: > Agreed, that you send this as the chair of NCUC to Bruce, make it more > formal: address it to "Bruce Tonkin, Chair of the GNSO Council" - and > copy it also to Glen de Saint Géry (GNSO secretariat - > [log in to unmask]). > > > Norbert > > = > > Carlos Afonso wrote: >> People, this is the message and statement Milton and I suggest NCUC >> sends Ashley Gross and the GNSO council, with copy to all GAC reps. >> >> Please read and send any comments/ammendments asap. >> >> frt rgds >> >> --c.a. >> >> ++++++++++++ >> Dear Bruce, >> >> Regarding Australia's contribution to GNSO on the Whois issues >> recently submitted by the GAC representative Ashley Gross, the NCUC >> would like that the statement below be conveyed to her as an official >> inquiry from NCUC and copied to GNSO Council, as well as to all GAC >> members. >> >> fraternal regards >> >> --c.a. >> Carlos A. Afonso >> Chair, NCUC >> >> =============================================================== >> >> NCUC statement on Australia's contribution to GNSO on the Whois issues >> (submitted to GNSO in April, 2006, by the GAC representative Ashley >> Gross) >> >> 1. We would like to recall the Australian national privacy principles >> (at http://www.privacy.gov.au/publications/npps01.html), which, under >> the heading "Use and disclosure", state: "An organisation must not use >> or disclose personal information about an individual for a purpose >> (the secondary purpose) other than the primary purpose of collection >> unless: >> >> "(f) the organisation has reason to suspect that unlawful activity has >> been, is being or may be engaged in, and uses or discloses the >> personal information as a necessary part of its investigation of the >> matter or in reporting its concerns to relevant persons or >> authorities; or >> >> (g) the use or disclosure is required or authorised by or under law; or >> >> (h) the organisation reasonably believes that the use or disclosure is >> reasonably necessary for one or more of the following by or on behalf >> of an enforcement body: >> >> (i) the prevention, detection, investigation, prosecution or >> punishment of criminal offences, breaches of a law imposing a penalty >> or sanction or breaches of a prescribed law; >> >> (ii) the enforcement of laws relating to the confiscation of the >> proceeds of crime; >> >> (iii) the protection of the public revenue; >> >> (iv) the prevention, detection, investigation or remedying of >> seriously improper conduct or prescribed conduct; >> >> (v) the preparation for, or conduct of, proceedings before any court >> or tribunal, or implementation of the orders of a court or >> tribunal." >> >> The Australian national privacy principles also state: "If an >> organisation uses or discloses personal information under >> paragraph (h), it must make a written note of the use or disclosure." >> >> So, at least in Australia, law enforcement activities are already >> covered under the privacy laws. What is not envisaged in the privacy >> laws is that the method to provide data to law enforcement should be >> via public publication. >> >> There is literally no practical way to restrict the subsequent "use" >> of data once it is published in the public. >> >> In light of the above, is the Australia GAC representative >> contradicting Australia's national policy or suggesting that its laws >> be changed? >> >> 2. Why is the Australia GAC representative supporting Formulation 2, >> when ".au" has a Whois policy and purpose that corresponds to >> Formulation 1? >> >> 3. If GAC itself has not come to a unified position on Formulation 1 >> versus Formulation 2 (and we know that it has not), what relevance >> does the position of the Australia GAC representative have? >> >> April 21st, 2006 >> ==================================================== >> > > -- Carlos A. Afonso diretor de planejamento Rits -- http://www.rits.org.br ******************************************** * Sacix -- distribuição Debian CDD Linux * * orientada a projetos de inclusão digital * * com software livre e de código aberto, * * mantida pela Rits em colaboração com o * * Coletivo Digital. * * Saiba mais: http://www.sacix.org.br * ********************************************