Karl and all,
I wholly agree with your comments here Karl. Well stated and outlined.
It is simply beyond reasonable consideration or NSI to comply, as they
would be dammed if they did, and dammed if they didn't. Catch22, so
to speak. It appears that the NTIA is again showing it's ineptness
in making such an order, and as you state may be attempting to act far
beyond it's mandate under the law and in specific to, 5 USC 552a.
Therefore I would suggest that The NTIA review this "Order" a bit
closer, as we [INEGroup] find this sort of action in violation of our
privacy rights, and may warrant some form of further legal
action as is necessary...
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--
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
