nanog mailing list archives

RE: Is WHOIS going to go away?


From: "Naslund, Steve" <SNaslund () medline com>
Date: Fri, 20 Apr 2018 21:25:09 +0000

Steve,

I think you should re-examine the early history of the USA.  Anonymous
pamphleteering was the origin of our rebellion against England,
with Benjamin Franklin and many of the other founding fathers
publishing without their identities being registered anywhere.  The
Federalist Papers which form the basis for our system of government
were published anonymously.  It's a fundamental part of our liberties.

They did not in fact have the "right" to publish those pamphlets.  They were in fact considered sedition by England.  
Just because something was done or seems correct does not make it a legal right.  Freedom of speech is a right, 
anonymity is not a right, and privacy is not a right you have when you do things in public.  That is simple well 
established law.

No COMMERCIAL publisher will do that himself, but any individual
who wants to may do so.  "Freedom of the Press is guaranteed only
to those who own one", and with the Internet, for the first time
in many years, it is again practical to publish anonymously.

And you would be violating the law if it was ruled that your publication was in fact a publication under the law.  
Freedom of the Press is not absolute because you do not have the right to violate MY rights by publishing slanderous 
materials, you do not have the right to communicate a threat.  Publications are responsible for what they say.  That is 
also well established law.

Freedom of the Press does not equal right to anonymity.

It is the entrenched powers who want to require strict identification
of all sources.

ICANN already has all of the data and they report to the world governments ultimately.  ICANN is a non-profit 
corporation under California law so ultimately whatever they do is subject to US law and they could be compelled to 
comply with California or US court orders.  I would say the powers that be already have the data. 


I refer you to the Electronic Frontier Foundation website, and to
the Internet law blog, and the Reporters Committee for freedom of
the press, and any good American History book for further information.
      - Brian

I refer you to the LAW of whatever country you are in.  They don't care what the EFF thinks and that blog won't keep 
you out of jail.

Steven Naslund



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