So Karl, how much are you going to sell that letter to NSI for? <just
kidding folks>
In all seriousness, this issue has been on the table for a while and
DoC was warned about the implications (by me and a few others). That
they choose this moment to play hardball and that they choose to play
using a broken bat is pretty inefficient on their part.
Karl Auerbach wrote:
>
> > 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--
--
Dan Steinberg
SYNTHESIS:Law & Technology
35, du Ravin
Box 532, RR1 phone: (613) 794-5356
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