Hello,

--- "wxWeb.com" <[EMAIL PROTECTED]> wrote:
> Saturday, May 18, 2002, 2:12:55 PM, Robert L Mathews wrote:
> > Domain owners should be able to feel that any information they
> provide 
> > will not be released to others unless it's necessary for the
> operation of 
> > the domain or for legal reasons. Period.
> 
> Why should they feel that way?
>
> They do not have that assurance when they purchase real estate.  All
> property ownership information is available publicly, without
> exception.  In fact, much like whois, they have to make it available
> in bulk format (for a fee).  There are even companies who specialize
> in storing all of the information from particular states and
> nationwide, and making it available for searches (including searching
> for all property owned by a particular name).

<snip>

> Privacy is not just a right, it is a responsibility as well.  If
> registrants are concerned about personal privacy, then, like in
> personal property ownership, they can go to lengths to protect their
> privacy.   For a domain name, an agency service like the one Hugh

I agree. I've cc'd Dan Halloran of ICANN, as I'd be curious to know how
ICANN interpets "Postal Address" in the context of their advisory at:

http://www.icann.org/announcements/advisory-10may02.htm

If reading that announcement, one takes the section:

"and is responsible for providing its own full contact information and
for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the Registered Name"

it is consistent with my own thoughts on the subject, previously
expressed at:

http://www.dnso.org/clubpublic/ga/Arc10/msg00399.html

that a necessary (and perhaps sufficient) amount of disclosure is that
there be enough information available to legally serve someone with a
process (i.e. "timely resolution" might be consistent with the premise
of being able to be legally served a process).

Here's a hypothetical example of an admin contact:

    Services, Elephant  [EMAIL PROTECTED]
    PO Box 12345
    Beverly Hills, CA 90210-12345
    US
    (415) 555-1234  <<-- assume this is a real number

Is a P.O. Box Number, with no physical address considered a valid
postal address given the aims and objectives of the public WHOIS,
either by ICANN or the various bills floating around the U.S. Congress?


I'm not a lawyer, but I don't think that a P.O. Box Number can be
"served" a legal process, at least not in a timely manner. The mail may
or may not arrive at the target person, if they pick up their mail from
the P.O. Box. However, a process server couldn't verify that via
personal service, etc. To that extent, the goal of "timely resolution"
is not met. This might be a case where ICANN should make its advisory
more clear, as to what exactly constitutes a valid Postal Address to
help law enforcement, consumers,  and other legitimate users of the
WHOIS information.

Sincerely,

George Kirikos
http://www.kirikos.com/


__________________________________________________
Do You Yahoo!?
LAUNCH - Your Yahoo! Music Experience
http://launch.yahoo.com

Reply via email to