Re: [icann-eu] Where are the ALM-Directors?

["Griffini Giorgio" <grunz@tin.it>]

You wrote:

> So, all you can come up with to defend a *public* whois, is to fight
> cybersquatting? Insufficient to my mind. Cybersquatters are
> selling domains, not hiding them. You will find them anyway. They
> cannot sell, if they hide. And even if you will not always get them
> fast, I would find it insufficient ground to sacrifice the privacy of
> all registrants of domain names. I cannot see, why this is such a
> special case, that normal privacy rights, which we accept, no demand,
> in all other areas, have to be given up for whois.

Maybe I was wrong in explaining my position.. I do not support a fully public
 whois policy. I do support a whois policy that it is enough public to give a 
sure way to reach a domain name registrant but enough 'confidential'  to 
keep sensitive data not exposed (and where what is 'sensitive data' is left on 
registrant choice) 

> 
> Of course, when there is a court order, the registrar should assist in
> tracking the owner of a domain. That should be enough for defending
> trademark rights. Why should they be surrounded with special legal
> privileges of easy persecution that victims of bodily harm, e.g., are
> denied? 
> 
Apart that 'easy reachability' does not mean directly 'easy persecution' I 
think that,  when possibile, we should prevent rather than cure later. Talking 
about domain names, cybersquatting actions are by far the biggest problem 
because it is spread across several different unrelated parties with implicit 
difficulties in fighting against such actions for these reasons while instead, 
for example, a bad action on domain names made by a registry or a ISP it is 
easier to fight due to direct identification of responsabilities. 
About your concern in estabilishing different special privileges / tools for 
fighting abuse I'm not sure what you exactly mean because in your model 
you seems to say, giving an example about protections from personal injury, 
that there should be no differences independing on context where such 
misures are being applied. Just to tell, we do not see metal detectors in 
every public place while in airports or banks we see them ... so I think I've 
not really got your point...(A limit of mine... I admit..)

Best regards
Giorgio Griffini