If a registrar 
        is in compliance with its obligations under the RAA, it is advising its 
        registrants "who is collecting the information, why the 
        information is being collected, and how it is going to be used."  I 
        have posted the RAA citations previously to this list.  
         
        "The global, public accessibility of WHOIS data 
        contradict[s] FTC's advice"  -- I think this would come as news to 
        the FTC, which has strongly supported public access to Whois and which 
        submitted a response to our Task Force's survey to that effect.  
        
         
        If this is intended as a statement of the FTC's 
        position or approach to Whois then I believe we should have the FTC 
        review it.  If it is intended as the interpretation by one Task 
        Force member of how FTC positions on other aspects of privacy ought to 
        be applied to Whois  --i.e., as a critique of the FTC's actual 
        Whois position - then that is certainly another story, but I am not sure 
        why a critique of alleged inconsistency by the FTC belongs in the issues 
        report of this Task Force.    
         
        I am also concerned about the suggestion that 
        "the enforcement of the accuracy of Whois data" is an innovative or 
        novel suggestion of this Task Force.  These obligations regarding 
        accuracy have been on the books for years and have been "enforced" a 
        number of times, whether in the sense of registrants losing their 
        registrations for willful submission of false data or in terms of ICANN 
        action to enforce the obligation of registrars to respond to complaints 
        of false Whois data.  
         
        Steve Metalitz 
         
        -----Original 
        Message-----
From: 
        Ruchika Agrawal [mailto:agrawal@epic.org] 
Sent: Friday, March 07, 2003 2:01 
        PM
To: Cade,Marilyn S - 
        LGCRP; NC-WHOIS (E-mail)
Subject: [nc-whois] Contribution Of 
        Globally, Publicly Accessible WHOIS Information To Identity Theft And 
        Other Fraud
         
        Dear 
        All:
Here are the paragraphs on the contribution of globally, 
        publicly accessible WHOIS information to identity theft and other 
        fraud:
        The U.S. 
        Federal Trade Commission (FTC) plays a critical role both in the 
        investigation of consumer fraud and in the protection of consumers from 
        fraud.  According to the FTC's website, "The FTC works for the 
        consumer to prevent fraudulent, deceptive and unfair business practices 
        in the marketplace and to provide information to help consumers spot, 
        stop and avoid them." [See, for example, http://www.ftc.gov/bcp/conline/pubs/online/dontharvest.htm]
        In this 
        vein, the FTC advises consumers not to disclose personal information, 
        and if consumers choose to disclose personal information, they should 
        know who is collecting the information, why the information is being 
        collected, and how it is going to be used.   Not only does the 
        global, public accessibility of WHOIS data contradict FTC's advice, but 
        the consumer, as a domain name registrant, is stripped of these 
        abilities, as the registrant has no way of knowing who collected his/her 
        WHOIS data, why the information was collected, and how the collector 
        intends to use the information.   Further yet, with the 
        enforcement of the accuracy of WHOIS data, as is recommended by the 
        WHOIS Task Force, consumers will not even have a choice on whether to 
        disclose their personal information.  The alternative to relinquish 
        a domain name is not giving consumers a genuine choice, and instead 
        infringes on Internet free speech.
        The global, 
        public accessibility of WHOIS data imposes risks on domain name 
        registrants, and may contribute to identify theft as well as other 
        fraud.  The FTC's guidelines in their effort to safeguard consumer 
        privacy are applicable to the protection of domain name registrants; 
        these safeguards should be appropriately enforced.
        Regards,
Ruchika