[anti-abuse-wg] Privacy requirements, was Spam FAQs

On 17 Dec 2011, at 16:37, russ at consumer.net wrote:

> 
> 
> The other issue is the fact that the data is being collected under a government contract with IANA.  A contractor is not permitted, on its own, to place restrictions on the data because it doesn't belong to them.  Forgetting about EU privacy laws for the moment I noticed ARIN has placed a restriction on their whois data that reads: "You may not use, allow to use, or otherwise facilitate the use of ARIN WHOIS data for advertising, direct marketing, marketing research, or similar purposes."  There is no legal basis for this restriction since  things like "marketing research" are perfectly legal.  The marketing research companies paid their taxes like everyone else and they have right to the public data and they can legally use it any way they want (as long as they don't break a law like sending an illegal junk fax).
> 
> I believe the whois access issues needs to handled at the level of the Address Council because it is a universal service and any access restrictions need to be coordinated with IANA who, in turn, should coordinate with the US Government as they are required to do under their contract.   Certainly I should not have to join a European mailing list to discuss the services I use from North America.

If you feel so strongly about all this then go to the next ICANN meeting in Costa Rica in March and raise it with the ASO.

And if you want to access a European database then you are going to have to deal with us nasty Europeans.



Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Brand Protection
ICANN Accredited Registrar
http://www.blacknight.com/
http://blog.blacknight.com/
http://blacknight.mobi/
http://mneylon.tel
Intl. +353 (0) 59  9183072
US: 213-233-1612 
UK: 0844 484 9361
Fax. +353 (0) 1 4811 763
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845