Nigel
I was asked about this a while ago (referencing a different
jurisdiction, I'm pretty sure!). And it struck me that there may be a
counter-intuitive argument that improving the privacy of WHOIS data
might actually make it more accurate.
I'm assuming that there are three kinds of domain owner:
1) Those who put accurate contact details in and don't care that they
are world-readable
2) Those who would be happy to be contacted in case of problems, but do
not wish to give their contact details to spammers, domain resellers,
etc.
3) Those who aren't going to give accurate contact details anway
If a domain were to move from "WHOIS data is public" to "WHOIS data will
be released under the following circumstances" then it seems to me at
least plausible that the type (2) people might be more willing to give
accurate details. And provided the release processes are right, this
might just make the world a slightly better place ;-)
Or am I being hopelessly optimistic?
Andrew
--
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> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Nigel Roberts
> Sent: 07 March 2008 08:43
> To: [log in to unmask]
> Subject: WHOIS & notice and takedown
>
> In view of Tim's comments about the lack of activity ...
>
> I've recently been asked to give some input on proposed
> legislation in a
> certain jurisdiction. This is mostly in the area of a
> codification of IP
> law. However one subject I've been specifically asked to
> provide a view
> on is that of domain name WHOIS along with the idea of
> notice-and-takedown of websites.
>
> Now clearly, only part of that has a DP connection, but the part that
> does, seems to me to be very relevant to DP.
>
> On WHOIS, my starting point is the Art. 29 Group's statement on WHOIS
> data of 2003 (Opinion 2/2003 on the application of the data
> protection
> principles to the Whois directories) see http://tinyurl.com/2326ax
>
> I would be grateful for any observations.
>
>
>
> Nigel Roberts, Island Networks
> Alderney, Channel Islands
>
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