From: jamesguy 
Sent: Wednesday, 25 June 2003 6:55 PM
To: jo.lim@auda.org.au
Subject: Submissions on whois data

Please post the attachment on my behalf

The following extract was taken from 
http://www.icann.org/committees/gac/whois-discussion-paper-22jun03.htm

Governmental Participation In Whois Database Administration

Another approach is for governments to undertake greater participation in 
the administration of the Whois database. Private registrars are not in a 
position, nor do they have the authority, to police domain name systems or 
online content to determine who is a commercial operator, whether a 
particular registrant’s privacy interests are important, etc. They may not 
have the appropriate resources or ability to compel domain name registrants 
to provide accurate and reliable information. The question of what 
participation is appropriate and how it can be implemented is difficult. 
Governmental participation might take several forms. Governments could set 
standards for data collection, civil and criminal penalties for non-compliance, 
and/or standardized takedown procedures. Governments could also maintain the 
Whois database. However, government maintenance of the personal data of all 
registrants could have a negative impact on some domain name owners, for 
example those who use their sites to post political views contrary to those 
of the current regime. Government access to such data could endanger such 
dissidents and inhibit their activities. Legal justification for the 
collection and maintenance of personal data by governments may differ under 
national law, and the uses of various components of such data by different 
parts of a government as well as by private concerns may be difficult to 
harmonize.

If the GAC were to encourage national legislatures to pass laws that provide 
for civil or criminal penalties for abuse of the Whois database collection 
or availability, that could drive the registrar functions offshore to other 
countries. Moreover, this approach could result in hundreds of inconsistent 
laws, and registrars doing business globally would have to incur significant 
compliance costs.

Another alternative is for governments to establish a treaty containing 
uniform rules for collection and maintenance of Whois data. Enforcement could 
be accomplished by individual countries or through an international 
governmental organization that would administer the WHOIS database. Of course, 
it would take a lot of time and effort to establish worldwide consensus on a 
treaty and/or an organization, which ultimately has the potential of adding 
another layer of bureaucracy onto the domain registration process. Finally, 
government regulation will be costly. Points for Discussion

• Would government administration of Whois
25/06/2003 http://www.icann.org/committees/gac/whois-discussion-paper-22jun03.htm
adequately address the public policy concerns at
issue?

• Who should bear the burden of paying for a wellfunctioning Whois system?

• Are there better alternatives to government
administration of Whois data for meeting the public
policy purposes concerned?


Kind regards

James Guy

Principal
Guy & Associates
Solicitors & Trade Marks Agent