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] > > > >---------- >See what's free at <http://www.aol.com?ncid=AOLAOF00020000000503>AOL.com. > >No virus found in this outgoing message. >Checked by AVG Free Edition. >Version: 7.5.476 / Virus Database: 269.9.9/870 - >Release Date: 6/26/2007 10:07 AM