IP Holders Press For Access To WHOIS Data
Stony Stevenson writes to tell us that the battle for access to whois data remains at a stalemate this week. "In a blog post on the Internet Governance Project's (IGP) Web site, Milton Mueller, Professor and Director of the Telecommunications Network Management Program at the Syracuse University School of Information Studies and a partner in the IGP, details the Final Outcomes Report of the WHOIS Working Group, published on Tuesday, and inability of the various stakeholders to reach any kind of consensus."
I imagine the board meeting went like this:
"Clearly, Simmons, everyone who has an internet connection is a potential criminal, and we need to keep tabs on these potential criminals in case they, at some point, intentionally break international copyright law."
"Here, here!"
"So we need access to this data, and if anyone opposes it - they must be hiding something other than just a guilty conscience."
"Besides, we're doing it for the children."
The article summary is vague to the point that one is unsure what the subject of the article is. The "IP holders" of the title are trademark registrants of companies which help trademark registrants identify possible infringement. The Whois data referred to is not the public data to which we all have access. Rather it is the names and addresses of the actually domain name registrants in those cases where the domain registrar is acting as a proxy and has placed its own contact information in the public Whois database. The dispute is about who should have access to this secret data and under what circumstances.
While I consider myself anti-authoritarian, I recognize that there are some situations in which law enforcement and other parties have a legitimate right to pierce the anonymity of private registrations. If someone is operating a site hosting child porn or other illegal materials, the registrar should be required to give up the registrant.
Also, consider the case where a domain / site has been hijacked (or reverse-hijacked) by a thief hiding behind proxy services at a different registrar. The victim and victim's registrar cannot reliably identify them, and the Registry Operator won't get involved outside of invoking arbitration.
So keep the lawyers out, but establish some authority (Internet version of a FISA court) that can pierce anonymous registrations.
Information wants to be Free. Useful Information will cost you.
Ben Hocking
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