[arin-ppml] private whois record

[David Farmer]

On 8/8/12 16:48 CDT, Martin Hannigan wrote:
> On Wed, Aug 8, 2012 at 5:35 PM, William Herrin <bill at herrin.us> wrote:
>> On Wed, Aug 8, 2012 at 3:09 PM, Matthew Kaufman <matthew at matthew.at> wrote:
>>> How does "a valid working phone or email address" suddenly turn into "my
>>> home address"? You're not going to drive up here to fix the problem
>>> yourself, are you?
>>
>> Not planning on it. But I might have a cease and desist notice
>> delivered by certified mail.
>>
>>
>>> These days, an email address should be more than sufficient.
>>
>> See above.
>>
>
> Doesn't hold water. You can still receive a letter via a forwarding
> service. Domain name holders pay for privacy services and they seem to
> somehow work. And there are ways to address "exigent" circumstances
> already baked in.

I'm probably OK with that, but doesn't ARIN still need to maintain the 
field for the address of privacy service and client reference number to 
go into?  If not, then how does the privacy service work?

> There is no need for the physical address to be public at all with
> respect to "contact" arguments. It's a red herring.

I'm OK with allowing privacy service for a business entity.  However, 
using a privacy service should not be a requirement either.  So, I don't 
see how ARIN can eliminate the Address field, the address for the 
privacy service needs to go into it. ARIN still need to require some 
kind of address in the field as well.  Unless you are suggesting that 
ARIN should provide the privacy service.

Oh, and by the way, even if you allow the identity and the street 
address of the actual user to be obfuscated, the legal jurisdiction 
shouldn't be.  At least country of the actual user should be included in 
all cases, and the State or Provence within the US and CA.  There should 
also be options for multiple jurisdictions and more detailed 
jurisdiction or demographic data as appropriate, like county, city, 
maybe even postal code, again for the actual user.

Requiring proper jurisdiction facilitates efficient operation of the 
legal system by allowing a Jane/John Doe warrant or subpena to be 
requested within the proper jurisdiction.  Privacy is not an excuse to 
hide illegal activity or intended as a shield from the due process 
rights by others.  Privacy is only intended to shield you from 
unwarranted intrusion.

I'm not saying the legal system is perfect or never abused, but the ARIN 
Whois database is not the proper way to fix that problem.

Finally, in this case privacy is a right of the user not the ISP or LIR, 
any change we make in this policy needs to be clear on that and the 
control should be in the hands of the user in question not necessarily 
the ISP or LIR.

-- 
===============================================
David Farmer               Email:farmer at umn.edu
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota	
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Minneapolis, MN 55414-3029   Cell: 612-812-9952
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