[anti-abuse-wg] Analysis of the Legal Framework and Procedures Proposed by the Data Protection Task Force

Instead of trying to grok the text below, I'd suggest to refer to the URL
at the end.

After reading that page, I still cannot see a direct relevance to the
NCC's services or procedures. But it may be within the mandate of the
Anti-Abuse WG.

Just one comment, as there is a reference to "lawfulness" and *not*
quoting a particular law - I presume the north-american legal system is
fundamentally different from the approach in other regions.

My understnading is that everything is lawful, unless it is forbidden.
Then, a reference to a particular law is probably helpful or required.

lists at help.org wrote:

> There are companies now that download the various whois databases and
> repackage and resell the data.  One company DomainTools.com has their
> parent company in the EU in Luxembourg.  How is it that they download
> all this data and resell it apparently without a problem.   If it was
> illegal why they don't get prosecuted?  This "legal framework" doesn't
> address any of that.
> 
> DomainTool.com has filed a lawsuit in the US federal courts asking them
> to rule that downloading and selling whois data is illegal.  the lawsuit
> in question involves data from Tucows in Canada so it is unclear how a
> US court can rule on that.  In any case none of this stuff in discussed
> in the legal framework paper.  Are there plans to take legal action
> against DomainTools.com for selling this data?   If not, why not?  Why
> are there restrictions on others if some companies are downloading and
> selling this data anyway?  Just like you can't force people to answer
> their abuse mailboxes I don't see how you can force people to use (or
> not to use) data in a certain way after it is made public.
> 
> http://domainnamewire.com/2012/04/06/domain-tools-files-preemptive-lawsuit/

Regards,
Wilfried