2 Whois Whois --- Whois Whois Whois IP 2

Transcription

1 1 TWNIC WHOIS IP IP IP IP (TWNIC) Whois Whois Whois 1

2 2 Whois Whois --- Whois Whois Whois IP 2

3 3 WIPO WIPO WIPO 3

4 4 (Domain Name) (Internet Assigned Names Authority IANA) (WIPO) (The International Ad Hoc Committee IAHC) (Department of Commercial U.S.A) (Internet Corporation for Assigned Names and Numbers ICANN) IANA (Taiwan Network Information Center TWNIC) TWNIC Whois search TWNIC Whois APNIC IP 4

5 5 TWNIC TWNIC Whois Whois Whois Whois WIPO Whois Whois Whois (Internet) (domain name) Internet IP ( Internet Protocol Address IP Address) IP IP 5

6 6 ( ) (Top level domain name) tw cn jp ( ) (Secondary level domain name or generic top level domains; gtlds) com gov edu net org ( ) (Third level domain name) ntu Internet biz info name pro museum aera coop Internet (International Ad Hoc Committee; IAHC) ( generic top level domains; gtld).firm.store.web.arts.rec.info.nom(nomenclature).com Inter NIC (Internet Network Information Center) Inter NIC APNIC NIC ( )NIC TWNIC 6

7 7 TWNIC TWNIC IP TWNIC ICANN.tw cctld TWNIC APNIC IP TWNIC Whois TWNIC Whois ( ) Whois ( ) Whois whois TWNIC (Domain Name System ; DNS) Whois 13 TWNIC Whois ( ) TWNIC Whois TWNIC 13 7

8 8 TWNIC TWNIC TWNIC Whois Whois TWNIC Whois Samuel D. Warren Louis Brandies (The Right of Privacy) information privacy (The right to be alone) (data protection) Whois Whois 8

9 9 Whois DNS TWNIC ( ) TWNIC TWNIC ( ) ( ) Whois TWNIC TWNIC Whois Whois Whois TWNIC 9

10 10 TWNIC Whois WIPO WIPO 14 WIPO WIPO OOO WIPO WIPO WIPO WIPO (Report on the Second WIPO Internet Domain Name Process) Whois WIPO TWNIC Whois Whois Whois 14 World Intellectual Property Organization, Report of the WIPO Internet Domain Name Process, The Management of Internet Names and Addresses: Intellectual Property Issues (April 30, 1999) 10

11 11 Whois 11

12 12 IP TWNIC Whois IP TWNIC Whois Whois IP Whois IP Whois Whois Whois IP Whois TWNIC IP IP IP IP 12

13 13 IP IP IP address 1 Internet Protocol Address IP IP IP IP IP 2 IP routing 3 1 Internet Protocol address: Every machine on the Internet has a unique 32-bit numerical assignment that allows computers and hosts on the network to locate it. The IP address consists of a dotted octet, four sets of numbers separated by dots. (For example: ) If a machine does not have an IP address, it is not officially on the Internet. ( 2 Domain Name: A unique alpha-numeric designation to facilitate reference to the sets of numbers that actually locate a particular computer connected to the global information network; any name representing any record that exists within the Domain Name System (DNS). ( 3 Paul Albitz & Cricket Liu DNA and BIND 13

14 14 IP IP IP / TCP/IP, Transmission Control Protocol / Internet Protocol 4 IP IP IP IP IPv4, IP version TCP/IP Transmission Control Protocol / Internet Protocol TCP ( ) IP OSI/RM ( ) TCP/IP TCP/IP Advanced Research Projects Agency (ARPA) TCP/IP UNIX os Netware TCP/IP 14

15 15 IP IP ( IP ) DHCP, Dynamic Host Configuration Protocol NAT, Network Address Translation IP 5 0 DNS IP IP IP IP IP InterNIC IP IP APNIC IP 5 IP O 15

16 16 TWNIC IP IP IP IP IP IP HiNet IP IP IP ( ) IP HiNet. IP (Domain Name System DNS) Domain Name System Domain Name Service IP 16

17 17 www www tw jp uk (ARPA) APRA(Advanced Research Project Agency) ARPA 17

18 18 ( ) TLDs, Top level domain name TLDs, Top level domain name Country code top-level domain name; cctlds tw cn jp 8 cctlds gtlds 15 ( ) Secondary level domain name or generic top level domains; gtlds 1..edu 2..gov 3..com 4..net 5..org The DNS operates on the basis of a hierarchy of names. At the top are the top-level domains (TLDs), which are generally divided into two categories: the generic top-level domains (gtlds) and the country code top-level domains (cctlds). There are seven gtlds at present. Three of these (.com,.net and.org) are open to all persons or entities. The other four gtlds (.int,.edu,.gov and.mil) are restricted, only certain entities meeting certain criteria may register names in them. There are at present 243 cctlds. Each of these domains bears a two-letter country code, for example.au (Australia),.cn(China) and.fr (France). Some of these domains are open, others are restricted, only persons or entities satisfying certain criteria (for example, domicile within the territory) may register names in them. Functionally, there is no distinction between the gtlds and the cctlds. 18

19 19 6..mil 7..idv 1..biz 2..info 3..name 4..pro 5..museum 6..aera 7..coop ( ) (Third level domain name) 19

20 20 Global Connection IP IP MDNS, Multilingual Domain Name System (root server) Multilingual Top level Domain Name mgtld mcctld IP APRA O APRA, Advanced Research Project Agency IP IANA 20

21 21 Internet Assigned Number Authority IANA IP Internet Governance 16 IANA IANA IP IP IANA IP NIC IP InterNIC APNIC ccnic IANA IANA NSI (Network Solutions, Inc.) 16 Monte Paulsen, Raiders of the Last Ark, NEW HAVEN ADVOCATE, available online at 21

22 22 IANA 17 (National Science Foundation NSF) NSF NSI 18 Network Solutions Incorporation (gtlds) First-come, first-served 19 NSI NSF NSF Department of Commerce DOC NSI.com.net.org NSI OOO NSI OOO ICANN 17 National Science Foundation. A U.S. government agency whose purpose is to promote the advancement of science. NSF funds science researchers, scientific projects, and infrastructure to improve the quality of scientific research, including networking and communications technology. See 18 Network Solutions, Inc. NSI was awarded a five-year cooperative agreement by the National Science Foundation to administer the registration services of the following top level domains: COM, EDU, GOV, NET and ORG. The Cooperative Agreement with NSF expires on September 30, NSI is a subsidiary of SAIC (Science Applications International Corporation) and is located in Herndon, Virginia. See

23 23 IAHC, International Ad Hoc Committee Final Report of the International Ad Hoc Committee: Recommendation for Administration and Management of gtlds Administration Task Force 20 IP 21 IP ICANN IP IP ICANN (ASO, Address Supporting Organization) (DNSO, Domain Name Supporting Organization) (PSO, Protocol Supporting Organization) ALM, At Large Member 20 The Green Paper issued by the USA Department of Commerce( DOC ) titles as A Proposal to Improve the Technical Management of Internet Names and Address is proposed for discussion a number of measures relating to the administration of the DNS, including the creation by the private sector of a new corporation located in the USA and managed by a globally and functionally representative Board of Directors

24 24 ICANN 22 ICANN IP IANA ICANN IP RIRs, Regional Internet Registries IP allocation assignment ICANN IP DNS IP 23 root server IP ICANN 24 (.gov) (.edu) (.org).com ICANN.shop ICANN is the global, non-profit, private-sector coordinating body acting in the public interest. ICANN ensures that the DNS continues to function effectively overseeing the distribution of unique numeric IP addresses and domain names. Among its other responsibilities, ICANN oversees the processes and systems that ensure that each domain name maps to the correct IP address At the heart of the DNS are 13 special computers, called root servers. They are coordinated by ICANN and are distributed around the world. All 13 contain the same vital information this is to spread the workload and back each other up. 24

25 25 IP DNS Client-server subtree domain DNS DNS (. ) 25 DNS IP Root DNS Server gtld, generic Top Level Domain Name cctlds, Country code top-level domain name ngtld, new generic Top Level Domain Name Global 25 Paul Albitz & Cricket Liu DNA and BIND

26 26 Collection IANA IP IP APNIC TWNIC Internet Service Provider ISP IP IP NSF InterNIC, Internet Network Information Center InterNIC InterNIC 26

27 27 InterNIC 26 NIC InterNIC 27.biz.com.info.name.net.org InterNIC registrars registry registration contract registrars Whois 26 A registry responsible for name assignment within the following top level domains: COM, EDU, NET, GOV and ORG. InterNIC is a collaborative DNS infrastructure project established in January 1993 as a result of a NSF Cooperative Agreement awarding Network Solutions, Inc., (NSI) the registration services administration, AT&T the database services management, and General Atomics, the information services portion. See Domain names ending with can be registered through many different companies ( known as "registrars") that compete with one another. A listing of these companies appears in the Registrar Directory on this site. The registrar you choose will ask you to provide various contact and technical information that makes up the registration. The registrar will then keep records of the contact information and submit the technical information to a central directory known as the "registry" This registry provides other computers on the Internet the information necessary to send you or to find your web site. You will also be required to enter a registration contract with the registrar, which sets forth the terms under which your registration is accepted and will be maintained. Information about who is responsible for domain names is publicly available to allow rapid resolution of technical problems and to permit enforcement of consumer protection, trademark, and other laws. The registrar will make this information available to the public on a "Whois" site. It is however possible to register a domain in the name of a third party, as long as they agree to accept responsibility 27

28 28 Regional NIC InterNIC 28 IP APNIC 29, Asia Pacific Network Information Center IP RIPE NCC, RIPE Network Coordination Center IP American Registry for Internet Numbers ; ARIN 30 IP APNIC Whois 31 Whois APNIC IP internet operational issues IP address space is distributed in a hierarchical way. The IANA allocates blocks of IP address space to Regional Internet Registries, that allocate blocks of IP address space to their Local Internet Registries, who assign the addresses to end users. There are currently three Regional Internet Registries, i.e. the RIPE NCC, ARIN, and APNIC. 29 Asia Pacific Network Information Center. See 30 American Registry for Internet Numbers. A non-profit registry responsible for the administration and registration of Internet Protocol (IP) numbers in North and South America, South Africa, the Caribbean and all other regions administered currently managed by Network Solutions, Inc. see The APNIC Whois Database contains registration details of IP addresses and AS numbers originally allocated by APNIC. It shows the organizations that hold the resources, the country where the allocations were made, and contact details for the networks. The organizations that hold those resources are responsible for updating their information in the Database. The Database can be searched by using the web interface on the APNIC site, or by directing your whois client to whois.apnic.net (for example, whois -h whois.apnic.net ) Whether you can download the full contents of the database depends on your intended use. APNIC's whois Database is subject to a copyright and its use is restricted to "Internet operational issues". These words are tightly defined and would include network troubleshooting, abuse reporting, and Internet research and analysis; but would not include compiling marketing lists, demographic mapping, or any other commercial application 28

29 29 National NIC NIC TWNIC CNNIC KRNIC JPNIC TWNIC TWNIC TWNIC TWNIC IP TWNIC ICANN.tw cctld TWNIC APNIC IP.com.tw.org.tw.net.tw.edu.tw.gov.tw.mil.tw TWNIC 29

30 30.idv.tw.. tw.. tw.. tw.. tw 33.com.tw TWNIC TWNIC OOO Registrar 33 Paul Albitz & Cricket Liu DNA and BIND G

31 31 API OOO IP IP IP Whois Whois IP InterNIC APNIC KRNIC Whois IP Whois Whois Whois 31

32 32 Whois Whois IP Whois Whois IP Whois Whois TWNIC Whois Whois Whois Whois Whois IP 1 Whois IP Whois IP 1 There are two types of Whois databases available. A Whois database will either contain records on: IP address registrations or Domain name registrations. The APNIC Whois Database contains records of IP address registrations. Please use the PNIC Whois Database to search for details on IP addresses only. To search on a domain name, do not use the APNIC Whois Database. Instead, please search the whois database of an appropriate domain name registrar (see the IANA website for details). 32

33 33 IP Whois Whois IP Whois InterNIC InterNIC Whois (registrar) nameserver 2 Whois 3 IP ARIN IP ARIN Whois Whois IP A program or computer that translates names from one form into another. For example, a Domain Name Server (also called a "host server") performs the mapping of domain names to IP numbers. 3 Results for.com,.net, and.org are provided courtesy of Verisign Global Registry Services. For these top-level domains, the results of a successful search will contain only technical information about the registered domain name and referral information for the registrar of the domain name. In the Shared Registration System model, registrars are responsible for maintaining Whois domain name contact information. Please refer to the registrar's Whois service for additional information 4 Autonomous System Numbers (ASNs or AS numbers) (AS Number) EGP ( Exterior Gateway Protocol ) BGP ( Border Gateway Protocol ) IDRP ( OSI Inter-Domain Routing Protocol ) 5 If the information you are seeking is located within ARIN s database, your search may be initiated by inserting relevant words or numbers in the "Search For" dialogue box. Unless your search string is specific, the results you obtain may be very broad. Your search has the potential to provide information on network names, network numbers, ASNs and host information as 33

34 34 IP RIPE NCC IP RIPE NCC Whois IP NSI ICANN Whois Whois NSI Registrar Whois 6 NSI Registrar Whois Second Level Domain Name example.com NSI Registrar Whois Shared Registry System (Remote Registrar) Whois IP Whois well as the names, addresses, telephone numbers, and address for Points of Contact. Once you have inserted your search string, choose the "Submit" key to launch your search. In general, you may conduct a search using a name, an IP address, an ASN, a host name, or an ARIN handle. When searching the database for an ARIN handle, be sure to add the ARIN extension to the searched for handle, for example TM17-ARIN. Searches using a numerical search string have some guiding principles that are worth mentioning separately

35 35 IP Whois Whois Whois IP IP Whois IP InterNIC APNIC KRNIC Whois 35

36 36 IP IP Whois Whois IP IP Whois 36

37 37 Whois Whois Whois Whois 37

38 38 Whois Whois Whois IP Whois TWNIC Whois TWNIC Whois TWNIC Whois Whois Whois Whois 38

39 39 Whois InterNIC Whois (registrar) nameserver 7 Whois TWNIC Whois IP TWNIC Whois Whois ( ) ISP IP,, whois Internet, ISP ( ) Whois APNIC IP 7 A program or computer that translates names from one form into another. For example, a Domain Name Server (also called a "host server") performs the mapping of domain names to IP numbers. 39

40 40 IP IP TWNIC Whois IP Whois TWNIC Whois IP APNIC Whois IP APNIC Whois 8 Whois 9 ( ) (IRs, Internet Registries) IP APNIC Whois (address space) (allocation) (assignment) 8 Section 7.17 of Policies for address space management in the Asia Pacific region ( 9 Section Registration requirements: At the time of making allocations or assignments, IRs must properly register in the APNIC whois database every allocation and assignment of address space they make. The information in the database is necessary for Internet troubleshooting and provides for a level of accountability and transparency that is of benefit to the entire Internet community. 40

41 41 10 ( ) whois (end user) 11 ( ) (contact person) (administrative contact person) (technical contact person) (the site of the Network --- TWNIC ( ) 10 Section Updating registration details: IRs must update the whois database when any of the registration information changes. This is the responsibility of the IR concerned, but may be formally delegated to the end-user as a condition of the original assignment. 11 Section Registering contact persons: Registration of contact persons is a vital part of responsible address space management. Unless exceptional circumstances require otherwise, the administrative contact ('admin-c') must be someone who is physically located at the site of the network. The technical contact ('tech-c') need not be physically located at the site of the network, but must be the person who is responsible for the day-to-day operation of the network. 41

42 42 TWNIC Whois TWNIC Whois 42

43 43 ( ) TWNIC Whois (data protection ) (information privacy) (The right to be alone) (data protection) 43

44 44 Whois Whois Whois Whois IP IP Whois 44

45 45 Whois IP IP Whois IP Whois Whois Whois 45

46 46 46

47 47 Whois O Warren Brandies The Right to Privacy 1 (The right to be alone) 2 (National Information Infrastructure) Whois Whois 1 Warren &Brandies The Right to Privacy 4. Harvard Law Review pp (1890) 2 47

48 48 Bloustein Bloustein 3 Warren Brandeis The Right to Privacy The right to be let alone 3 48

49 49 (intimacy) (public sphere) (private sphere) 4 4 see Howard, B. Radest, The Public and the Private: An American Fair Tale, 89 Ethics 280, (1979). Also see C. Keith Bonne, Privacy and Community, 9 Social Theory and Practice 1, 6-24 (1983). 49

50 50 ( ) ) 5 ( ). 6 5 / 6 50

51 51 7 ( ) 7 ( ) / _htm. 8 Vgl.S.Simitis (u.a),aa.o., 3 Rn.18f. 51

52 52 10 Warren Brandeis

53 53 Whois (public interest) Time, Inc. v. Hill Cox Broadcasting Corp. v. Cohn Roscoe Pound (general security) (security of social institutions) (general morals) (conservation of social resources) (general progress) (individual human life) 53

54 54 11 Whois ( ). (national defense) (national security) 11 O O 54

55 55 (special needs) (probable cause) 12 ( ). (law enforcement) 12 O 55

56 56 13 ( ) O 56

57 57 15 (consent) 16 (information privacy) O 57

58 58 (data protection) (Information) 17 (Data)

59 ( ). (Privacy of a Person s Persona) 21 ( ). (Privacy of Data about a Person) ( ). (Privacy of a Person s Communications) 19,

60 60 23 ( ). (Anonymity) ( )

61 61 26 ( ) ( ) 26 61

62 ( ) A property rights approach

63 63 29 ( ) A moral right-like approach ( ) A licensing approach 29 63

64

65 65 The right to be alone O Whois Whois 65

66 66 TWNIC Whois TWNIC Whois TWNIC Whois Whois 66

67 67 Whois ICANN TWNIC Whois ( ) DNS TWNIC 1.com.tw.org.tw.net.tw ( ) ( ) DNS IP idv.tw 1 TWNIC 67

68 68 Whois Whois Whois 2 ) ( ) ( ) ( ) ( ) ( ) 2 Marc Rotenberg & Andrew Shen, Letter on Privacy of Domain Name Registration, Electronic Privacy information Center (February 16, 2001) 68

69 69 3 ( ) Whois IP Whois IP IP IP IP IP IP 3 69

70 (address) (mail server) h123@yam.com.tw h123 yam.com.tw ISP ISP ISP

71 71 5 Whois IP IP IP IP IP 4Bytes IP 6 Whois 5 O 6 71

72 72 Whois TWNIC 7 TWNIC TWNIC 7 72

73 73 TWNIC TWNIC ( ) ( ) (Internet) ( ) TWNIC TWNIC TWNIC ( ) ( ) (1) (2) (3) (4) (5) TWNIC ( ) 73

74 74 IP Whois TWNIC TWNIC TWNIC ( ) TWNIC TWNIC 1. 8 ( ) ( ) TWNIC 8 74

75 75 TWNIC 2. 9 (1) (2) (3) (4) TWNIC TWNIC TWNIC ( )

76 76 ID (password) Cookies 11 TWNIC TWNIC TWNIC TWNIC Whois 11 76

77 ( ) O ( O O ) ( ( ) ) ( O O )

78 78 15 TWNIC Whois ( DNS TWNIC TWNIC TWNIC TWNIC TWNIC (Registry) TWNIC (registrar) TWNIC TWNIC 15 78

79 79 TWNIC IP 16 TWNIC TWNIC TWNIC TWNIC TWNIC 17 TWNIC TWNIC TWNIC domain name ;

80 80 21 ( ) 20 TWNIC TWNIC

81 81 21 TWNIC TWNIC Whois TWNIC 21 81

82 82 TWNIC TWNIC TWNIC TWNIC TWNIC TWNIC 82

83 83 TWNIC Whois TWNIC TWNIC TWNIC TWNIC Whois TWNIC TWNIC Whois TWNIC TWNIC TWNIC TWNIC 83

84 84 TWNIC TWNIC TWNIC Whois TWNIC 84

85 85 Whois Whois OECD O ICANN WIPO WIPO World Intellectual Property Organization, WIPO 85

86 86 WIPO WIPO (The Recognition of Rights and the Use of Names in the Internet Domain Name System) WIPO 1 WIPO WIPO ICANN (Uniform Domain Name Dispute Resolution Policy; UDRP) WIPO gtlds (registrar) (registrant) WIPO 2 1 World Intellectual Property Organization, Report of the WIPO Internet Domain Name Process, The Management of Internet Names and Addresses: Intellectual Property Issues (April 30, 1999) 2 Id. at paragraph

87 87 3 WIPO 4 WIPO WIPO ICANN 5 WIPO data mining WIPO WIPO 3 Id. at paragraph Id. at paragraph Id. at paragraph Id. at paragraph

88 88 WIPO OOO WIPO WIPO WIPO OO WIPO (Report of the Second WIPO Internet Domain Name Process) (identifier) 7 Whois WIPO WIPO WIPO OO (Report of the Second WIPO Internet Domain Name Process) 8 WIPO WIPO 7 World Intellectual Property Organization, Report of the Second WIPO Internet Domain Name Process, The Recognization of Rights and the Use of Names in the Internet Domain Name System (September 3, 2001) at para.314-para World Intellectual Property Organization, Report of the Second WIPO Internet Domain Name Process, The Recognization of Rights and the Use of Names in the Internet Domain Name System (September 3, 2001) 88

89 89 Whois Whois Whois Whois WIPO 9 Whois Whois At the same time as commentators to the Second WIPO Process favored robust Whois search facilities, most acknowledged that provision and availability of registrant data must take into account the protection of personal freedoms and privacy established by data protection rules and applicable legislation. Commentators to the first WIPO Process had also expressed their concern at the possible erosion of personal liberties through the continued public availability of contact details of domain name holders. It is evident that a balance needs to be struck between the need to enforce the current contractual requirement of domain name owners to provide contact information for many valid purposes, and the need to protect the privacy of individuals from unwarranted intrusion. As remarked by one commentator, no country has enacted a law making privacy of registrant contact data an absolute value that necessarily prevails over countervailing considerations of consent, contract or public interest. 89

90 90 (American Civil Liberties Union, ACLU) Whois Whois 10 (European Commission) 11 Whois 10 ACLU, 11 The proposal of a comprehensive Whois search facility raised serious concerns relating to privacy protection among numerous commentators in different jurisdictions. The American Civil Liberties Union (ACLU), for example, opposed the expansion of the Whois database functionality, and any standardization of Whois database operations, as constituting a threat to the privacy of users. The European Commission expressed concerns that a comprehensive search facility could turn registrars databases and online search facilities into tools for policing the Internet, jeopardizing individuals control over the use of their personal data and compromising their freedom of speech. The European Commission stated that, in accordance with EU data privacy standards, the right to privacy is a fundamental right, that cannot be waived by consumer protection or law enforcement interests. Further, it was stated that the disclosure of each personal detail must be evaluated in respect of the purpose for which it was proposed to be disclosed, that secondary uses must be prohibited, filters used to limit database access, and that the search criterion should continue to be limited to the exact domain name. It was discussed that the publication of personal registration data is still the cause of complaints filed with the European Parliament and Commission. 90

91 91 Whois 12 WIPO Whois ICANN (ICANN Accreditation Agreement) 13 WIPO WIPO There exist numerous mechanisms that can be implemented to minimize the risk of violation of personal privacy, in the context of Whois search facilities. These include filtered access to databases, limiting availability of reverse look-ups to trusted third parties, allowing post office boxes or details of trusted third parties as valid addresses, and implementing unlisted Whois services maintained by registrars for a fee. In addition, some commentators support the imposition of severe penalties, both civil and criminal, by national governments as well as by registration authorities on those who misuse publicly available Whois information. It is noted that the ICANN Accreditation Agreement provides that a registrar or third party can list its own contact details in lieu of an anonymous registrant, provided that it accepts liability for any harm caused by wrongful use, unless it promptly discloses the identity of the true holder upon reasonable evidence of actionable harm. In this way, bona fide registrants can remain anonymous and intellectual property rightsholders are able to identify infringing registrants. 13 Id. at paragraph Numerous programs have been established to develop online guidelines and principles for data protection. The Report of the first WIPO Process recommended that domain name registrants contact details should be collected and made available for limited purposes, and that registrants should be clearly notified in their registration agreement of the purposes of the collection and their informed consent obtained for the public availability of contact details. It was also recommended that registrars 91

92 92, Whois Whois Whois 15 should adopt reasonable measures to prevent predatory use of data beyond the stated purposes in the registration agreement, such as mining of a database for domain name holders contact details for use in advertising and sales. These recommendations are here repeated. 15 At the same time, it is acknowledged that the majority of commentators representing intellectual property rightsholders remain strongly opposed to any restrictions upon the availability of data, and 92

93 93 WIPO Whois Whois (International Anti-Counterfeiting Coalition) (Timothy Trainer) 99% 16 (Interactive Digital Software Association IDSA) (Steven Mitchell) Whois 17 WIPO firmly opposed filtered access to data designed to protect users privacy, arguing that filters would impose an administrative burden on registration authorities without any real gains in privacy protection. Concerns about privacy implications of the Whois system have focused on the possibility of misuse of such information, including by the registration authorities whose duty it is to collect and maintain it. In addressing this concern, it appears that a distinction can be drawn between privacy implications of individual queries and access to the Whois, and concerns regarding bulk access and transfer of mass data to compilers and resellers of registration information. It is necessary to find a balance between personal privacy, users rights, commercial competition and functional DNS management requirements. It is proposed that users privacy and security should be protected and registrants should be clearly informed of what data will be collected, the purposes for which it is collected, and the uses to which it may be put. In each case, users should be required to give informed consent to the collection, storage and use of personal data within these parameters. Within each national territory, different cultural perspectives are found and varying legal standards apply under the relevant data protection laws. It is noted that most national laws designed to protect privacy do not restrict the making available of contact data pursuant to contractual agreement, or on the basis of a competing public interest of higher priority, such as consumer protection or law enforcement. 16 Andrew Osterman Andrew Osterman

94 94 Whois (UN) (O.E.C.D.) (Council of Europe) 18 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, Council of Europe Convention For the Protection Of Individuals with Regard to Automatic Processing of Personal Data

95 95 19 European Union's Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data adequacy standard See Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, Eur. O.J. L281/31(Nov. 23, 1995) See The 1995 Directive, art

96 96 personal data processing of personal data (1) (2) Directive 97/66/EC of the European Parliament and of the Council of 15December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector public telecommunications networks 96

97 97 (Integrated Services Digital Network; ISDN) (subscriber) (user) Data Protection Act

98 98 25 A FRAMEWORK FOR GLOBAL ELECTRONIC COMMERCE "We are on the verge of a revolution that is just as profound as the change in the economy that came with the industrial revolution. Soon electronic networks will allow people to transcend the barriers of time and distance and take advantage of global markets and business opportunities not even imaginable today, opening up a new world of economic possibility and progress." 27 A Framework For Global Electronic Commerce 28 A Framework For Global Electronic Commerce 98

99 No privacy, no trade. It s that simple. 31 self-regulation

100 100 Elements of Effective Self Regulation for Protection of Privacy 32 FTC adequate

101 101 level Aaron 33 FTC FTC 34 FTC OOO

102 102 Virginia Whois 35 Whois , Cookies,, 102

103 103 self-regulation Whois see generally PAUL GOLDSTEN, COPYRIGHT S HIGHWAY FROM GUTENBERG TO THE CELESTIAL JUKEBOX 199(1994) LAURENCE H. TRIBE, AMERICAN CONSTITUTIONAL LAW 12-25, at 1007 (2d ed., 1988),, 103

104

105 Whois

106 106 Whois Whois 40 IP

107 107 IP IP IP registry cctld sponsoring organizations (gtld sponsoring organization) IP allocation (assignment) IANA IP IANA Regional IRs Local IRs Regional IRs IANA Local IRs RIRs Whois TWNIC IP IP Whois 107

108 108 IP Whois IP IP Whois IP Whois O 108

109 109 Whois Whois 109

110 110 Whois Whois ( ) TWNIC TWNIC TWNIC Whois ( ) TWNIC TWNIC Whois TWNIC TWNIC ( ) TWNIC TWNIC 110

111 111 TWNIC TWNIC TWNIC TWNIC TWNIC Whois Whois Whois 111

112 112 self-regulation ( ) Whois 112

113 113 ( ) ( ) Whois ( ) Whois TWNIC Whois 113

114 114 ( ) TWNIC TWNIC Whois TWNIC ( ) Whois TWNIC ( ) TWNIC TWNIC TWNIC Whois TWNIC TWNIC TWNIC Whois 114

115 115 Whois TWNIC 115

116 e Albitz & Liu DNS and BIND Rand Morimoto WINDOWS Internet

117 / ( ) ( ) I-NMS Domain Name

118 ISP Andrew Osterman Cookies 118

119 / _htm ( )

120 Preston Gralla, How the Internet Works, Que Pub Co., James F. Kurose, Keith W. Ross, Computer Networking: A Top-Down Approach Featuring the Internet, Addison-Wesley Pub Co., Howard, B. Radest, The Public and the Private: An American Fair Tale, 89 Ethics 280, C. Keith Bonne, Privacy and Community, 9 Social Theory and Practice 1, Network Solutions Gets Flak for Changing WHOIS Website, Information intelligence online newsletter, 1999, vol. 20, no, World Intellectual Property Organization, Report of the WIPO Internet Domain Name Process, The Management of Internet Names and Addresses: Intellectual Property Issues, April 30, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, Eur. O.J. L281/31,Nov. 23, A Framework For Global Electronic Commerce Marc Rotenberg & Andrew Shen, Letter on Privacy of Domain Name Registration, Electronic Privacy information Center; February 16, 120

121