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2008-04-16-WHOIS-5
Asesoramiento del GAC
2008-04-16-WHOIS-5
N/A
Consenso alcanzado
2008-04-16-WHOIS-5
Date/Source Document
16 April 2008
GAC Recommendations for WHOIS Studies
Communication
In view of the recent adoption by ICANN of a procedure for handling conflicts with national privacy laws, the GAC also urges ICANN to address the following questions in the WHOIS study:
12. Since gTLD registries and registrars conduct business globally, which laws in which jurisdiction appropriately apply to their transactions and in particular to their WHOIS contractual obligations?
13. What are the legal jurisdictional issues raised by gTLD registries and registrars that adhere to local law applicable to domain name registrations and WHOIS requirements, but may then be in contravention to other legal jurisdictions where they conduct business?
14. May a gTLD domain name registrant who is a legal resident of one country apply for a domain name in another and claim to be under the legal jurisdiction of the latter and not the former?
15. How can conflicts of laws be resolved in a global domain name space?
Date/Source Document
16 April 2008
GAC Recommendations for WHOIS Studies
Communication
The GAC believes that studies of WHOIS gTLD data should be undertaken by neutral third parties and should create a factual record that documents the uses and abuses of WHOIS data recognized by the GAC WHOIS Principles. The goal should be to initially compile data that provides a documented evidence base regarding:
• the amount and source of traffic accessing WHOIS servers and the types and numbers of different groups of users and what those users are using WHOIS data for; and
• the types and extent of misuses of WHOIS data and what harm is caused by each type of misuse, including economic, use of WHOIS data in SPAM generation, abuse of personal data, loss of reputation or identity theft, security costs and loss of data.