ibm.com was registered in 1986. What is the scope of NSI's claim to the
data relating to that domain?
At 05:30 PM 7/26/99 -0700, you 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--
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