> U.S. Tells Network Solutions To Open Database
>
> http://news.excite.com/news/r/990726/17/net-tech-networksolutions
If the US can order NSI (or anyone) to publish the contents of the whois
database or to order the database to be transferred over NSI's objection,
then the US has "control" of that database.
And if the US has control, then 5 USC 552a may well apply.
And 5 USC 552a substantially limits the degree to which the government can
release of the personally identifiable data that makes up the whois
database.
I have a letter from NSF that, in response to a request I made under 5 USC
552a, says that the whois database is beyond the control of NSF (and hence
its sucessor in these matters, NTIA) and is merely a database that is
beyond the reach of the US government.
That letter is at:
http://www.cavebear.com/nsf-dns/nsf_dec24.htm
(A copy is also in my Green Paper submission to NTIA.)
(The writer of the NSF letter clearly was confused between the Privacy Act
5 USC 552a and the Freedom of Information Act, 5 USC 552.)
The conclusion is this: The government has disclaimed its ability to
control the whois database. NSI might readily consider telling the
government to take a flying leap at a rolling donut.
If the government now reverses itself then it better explain to me why it
refused my request. I'd suggest further that the government's reversal
would be so egregious an act that it could possibly trigger the statutory
penalties of the Privacy Act, an amount which could easily cumulate to
several billions of dollars of damages against NTIA.
--karl--
