> > There has been a lot of handwaving about whether there is or is
> > not control. But if NTIA can order NSI to open the database to the
> > public or to transfer it to another party, that's a pretty strong
> > indication of "control".
> >
> I can order NSI to open the database, but that hardly indicates 'control.'
If you or NTIA can issue an order, contractual or otherwise, which
obligates NSI to open the database under pain of legal penalties, then
your or NTIA have control.
If you had such control then it would be a private matter.
But since NTIA is a governmental agency, such control over the database
constitututes governmental control.
> > And for the Privacy Act, I would assert that one of the biggest
> > elements of control is whether the Government has the ability to
> > keep the data private or not. And an order to publish or transfer
> > is certainly pretty strong evidence of belief by NTIA that NTIA has
> > that kind of control.
> >
>
> Q: Was privacy a concern of anyone who voluntarily registered for
> a domain name 15 years ago? 10 years ago? 5 years ago?
>
> A: No, your honour.
Did you articulate a specific concern about your privacy when you
registered for your Social Security Card, when you filed your income tax,
when you filed for welfare?
No you didn't. But there was (and is) a law that governs how the Federal
government will protect privacy. And you don't have to explicitly ask for
it to be applied, just like you don't have to ask a burgler to go away
before he/she is guilty of a crime.
Perhaps you don't care about your privacy rights. But others do care
about theirs.
> Q: Is there any information in the DNS which has not been publicly
> accessible heretofore?
>
> A: No, your honour.
The data has been made visible in violation of the act for the entire
life of the Internet.
And are you saying that the fact that your government has violated its own
laws and looked the other way and allowed your name, address, phone
number, and affilliation to be made available to spammers, telemarkeeters
and the like is OK?
Under your approach, if one engages in a wrongful practice for a long
enough time, then that practice is OK?
Are you advocating revival of the Royal model of government in which rules
and laws are meant to be broken and ignorred. The IRS will love it!
I kinda prefer governments to obey the laws.
--karl--
