by
Date: Mon, 26 Jul 1999 18:20:48 -0700 (PDT)
Subject: Re: [IFWP] USG to Netsol : Open Whois Database
The point about 5 USC 552a has to do with US government databasesQuote:> ibm.com was registered in 1986. What is the scope of NSI's claim to the
> data relating to that domain?
containing personally identifiable information, such as the names of the
tech/admin/billing contacts. (And 5 USC 552a was passed in 1974.)
So we don't have to get into NSI's claim over the data, but rather whether
the database is under sufficient control of the government to trigger the
Privacy Act.
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".
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.
--karl--
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