[arin-ppml] SWIPs & IPv6
Milton L Mueller
mueller at syr.edu
Thu Dec 3 12:10:27 EST 2009
> -----Original Message-----
> From: tvest at eyeconomics.com [mailto:tvest at eyeconomics.com]
> Since you've raised this issue yet again (c.f., June 10 ~ Aug. 31
> 2009), perhaps now you'll be willing to share with us your
> view of the proper balance between "legitimate" privacy concerns and
> "convenience" of technical administration? Rephrasing the two queries that went
> unanswered last time:
Privacy norms, standards and laws are well known and not that hard to apply to this case.
Here is a link to a boilerplate explanation of basic data protection principles:
Respectful suggestion: do some homework on how this issue gets handled before wading into a policy arena with global human rights implications.
> 1. Would you say that the proper balance between these two opposing
> goals is reflected in current DNS whois arrangements?
Absolutely not. (And you know perfectly well that I've answered this question, not only on this list, but in lengthy scholarly articles, and in years of work on DNS Whois Working Groups and Task Forces.)
It would be very easy for DNS Whois to contain the requisite technical information needed for both law enforcement and technical management without providing indiscriminate public access to anyone and everyone, for any purpose.
The only reason this doesn't happen: DNS Whois arrangements have been hijacked by trademark protection firms, LEAs too lazy to get the proper authorizations, and by companies that collect and sell the data for various and sundry purposes. See data protection principle #2 for my opinion about that.
> 2. Are the "legitimate privacy concerns" of artificial
> persons (i.e.,
> corporations) different from the "legitimate privacy concerns" of
> natural persons?
Sigh. Overlooking your complete ignorance of applicable law, I will simply answer yes.
The distinction is well-established in law, not to mention common sense. Yes, Tom, there are differences between the privacy rights and legal norms applicable to publicly registered corporate entities and flesh and blood persons and their homes and personal property.
> If so, how -- and how should the differences be
> reflected in rotocol number-related registration data and whois?
Yes, of course the differences should be reflected. How? Not that hard, but as I said in my last message, let's debate specific arrangements and proposals, not ideology.
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