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<p><font size="+1"><font face="Lucida Grande">My humble apologies
for letting folks down on the draft I promised. I am having
computer and Internet access issues at the moment. A draft
will be coming shortly, I hope, but I also think this looks
great and has the merit of being brief. Mine is too long and
detailed.</font></font></p>
<p><font size="+1"><font face="Lucida Grande">Stephanie Perrin</font></font><br>
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<div class="moz-cite-prefix">On 2018-01-27 08:19, Michael
Karanicolas wrote:<br>
</div>
<blockquote type="cite"
cite="mid:CAGQVoTgOo=bnVVz8a-Cs4YNX6ERWkW1xhTeeToD=fUUUUW24=w@mail.gmail.com">
<pre class="moz-quote-pre" wrap="">I think this is very well drafted, and makes a convincing case. Well done.
On Fri, Jan 26, 2018 at 10:00 PM, Mueller, Milton L <a class="moz-txt-link-rfc2396E" href="mailto:milton@gatech.edu"><milton@gatech.edu></a> wrote:
</pre>
<blockquote type="cite">
<pre class="moz-quote-pre" wrap="">I offer the following as a first draft of the NCSG position on the 12
January 2018 call for comments released by ICANN org.
Principles
Our evaluation of the models offered by ICANN are based on three fundamental
principles. No model that fails to conform to all three is acceptable to the
NCSG.
1. The purpose of whois must be strictly tied to ICANN's mission. That is,
the data that is collected and the data that are published must directly and
demonstrably contribute to ICANN's mission as defined in Article 1 of its
new bylaws. We reject any definition of Whois purpose that is based on the
way people happen to make use of data that can be accessed indiscriminately
in a public directory. The fact that certain people currently use Whois for
any purpose does not mean that the purpose of Whois is to provide thick data
about the domain and its registrant to anyone who wants it for any reason.
2. Whois service, like the DNS itself, should be globally uniform and not
vary by jurisdiction. ICANN was created to provide globalized governance of
the DNS so that it would continue to be globally compatible and coordinated.
Any solution that involves fragmenting the policies and practices of Whois
along jurisdictional lines is not desirable.
3. No tiered access solution that involves establishing new criteria for
access can feasibly be created in the next 3 months. We would strongly
resist throwing the community into a hopeless rush to come up with entirely
new policies, standards and practices involving tiered access to data, and
we do not want ICANN staff to invent a policy that is not subject to
community review and approval.
Based on these three principles, we believe that Model 3 is the only viable
option available. Model 3 minimizes the data publicly displayed to that
which is required for maintaining the stability, security and resiliency of
the DNS. Model 3 could be applied across the board, and would be
presumptively legal regardless of which jurisdiction the registrar, registry
or registrant are in. And Model 3 relies on established legal due process
for gaining access to additional information.
There is room for discussion about how much data could be publicly displayed
under Model 3 consistent with ICANN's mission. E.g., it may be within
ICANN's mission to include additional data in the public record, such as an
email address for the technical contact and even possibly the name of the
registrant.
The process of gaining access to additional data in Model 1 is completely
unacceptable. Self-certification by any third party requestor is, we
believe, not compliant with GDPR nor does is such access justified by the
purpose of Whois or ICANN's mission.
Model 2 might possibly be acceptable if an suitable set of criteria and
processes were devised, but it simply is not feasible for such a
certification program to be developed in 3 months. A certification program
thrown together in a rush poses huge risks for loopholes, poor procedures,
and a legal challenge to ICANN, either from DPAs or from individuals
affected.
Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology
</pre>
</blockquote>
<pre class="moz-quote-pre" wrap="">
</pre>
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