[arin-ppml] Policy Proposal: Customer Confidentiality

[David Farmer]

In general, the concept of privacy or confidentially attaches to 
the client or customer not to the agent or service provider.  An 
example, attorney client privilege is a right of the client and a 
duty of the attorney, it is for the benefit of the client not the 
attorney.

If withholding such information is solely in the business interest 
of the agent or service provider, the ISP in this case, and 
especially if it in anyway damages the interest of client or 
customer, then I'm opposed to such policies.

Customer information is not solely the property of the agent or 
service provider, the client or customer should have the 
controlling interest in such information.

I generally support an effort to increased Customer 
Confidentially, but it needs to focus on the Customer's interest 
not solely on the ISP's interest.  So I am worried about how 
this proposal is written and that it seems to focus on the ISP's 
interest not the Customer's interest. 

It maybe as simple as requiring an ISP to provide the actual 
customer information in Whois if direct by the customer to do 
so.  That might be all it takes to put the customer's interest 
ahead of the ISP's interest.

I'm fine with an ISP choosing the default action, but the 
customer should have a choice about their information, not 
solely the ISP.

On 9 Jun 2009 Member Services wrote:

> 1. Policy Proposal Name: Customer Confidentiality
> 
> 2. Proposal Originator: Aaron Wendel
> 
> 3. Proposal Version: 1.0
> 
> 4. Date: 9 June 2009
> 
> 5. Proposal type: new
> 
> 6. Policy term: permanent
> 
> 7. Policy statement:
> 
> ISPs may choose to enter their own address and phone number in
> reassignments and reallocations in lieu of the customer's address and
> phone number.  The customer's actual information must be provided to
> ARIN on request and will be held in the strictest confidence.
> 
> 8. Rationale:
> 
> Customer contact lists are one of the most proprietary and
> confidential pieces of information in any business.  The requirements
> for ISPs to publish those lists via SWIP or RWHOIS runs contrary to
> good business practices and invites competitors and others to solicit
> both individuals and companies receiving reassignments and sub
> allocations from upstream providers.
> 
> 9. Timetable for implementation: immediate


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David Farmer                                      Email:farmer at umn.edu
Office of Information Technology
Networking & Telecomunication Services
University of Minnesota		       Phone: 612-626-0815
2218 University Ave SE		       Cell: 612-812-9952
Minneapolis, MN 55414-3029	       FAX: 612-626-1818
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