Whois Policy Review Submission

From:		Department of Internal Affairs
Received:	1 November 2004

Thank you for the opportunity to comment on the review of the WHOIS Policy.  
The Department of Internal Affairs enforces gaming and censorship law in 
New Zealand and has an interest in the WHOIS Policy in relation to both of 
these functions.  


Background

The Films, Videos, and Publications Classification Act 1993 prohibits the 
making, supply, distribution, exhibition and possession of objectionable 
material.  The Department monitors New Zealand websites to ensure they abide 
by this prohibition.  We also react to complaints from the public about 
New Zealand website content.  We make WHOIS queries to identify the name 
and country of the website registrant and administrator.  

The Gambling Act 2003 prohibits remote interactive gambling (gambling by 
a person at a distance by interaction through a communication device).  The 
Department may use WHOIS queries to determine whether the operation of an 
online gambling site is registered or administered from New Zealand as part 
of its investigations.

The answers to the discussion questions provided by the Domain Name 
Commissioner are set out below.


Issue 1 – Information Displayed

1. Should all the information currently displayed (see example), continue 
to be available as a result of a whois query? 

Yes.  


2. If yes to question 1 – why? 

The information is very useful to law enforcement agencies involved in 
policing Internet content because it enables quick identification of New 
Zealand-owned and hosted content.  In the Department’s case, our interest 
is primarily in websites hosting sexually explicit content and those offering 
online gambling.  Since New Zealand law can only apply to websites with a 
link to New Zealand, the identity and location of the registrant and 
administrator are important to know before further inquiries proceed.


3. If no to question 1
a) What fields should be displayed and why?
b) What fields should not be displayed and why? 

N/A


4. Should there be any distinction between information displayed where the 
domain name is registered to an individual compared to one registered to 
an organisation? 

No.  From an investigative point of view the same information is useful 
regardless of whether a domain name is registered to an individual or 
organisation.


5. If yes to question 4 
a) What should and shouldn't be displayed where an individual and why?
b) What should and shouldn't be displayed where an organisation and why? 

N/A


Issue 2 – Whois Query Options

6. Do you agree with the current policy position that wild card searches, 
and bulk whois queries, should not be permitted? Why? 

Yes.  These searches have no use for law enforcement and encourage trawling 
for names.


Issue 3 – Security and System Access

7. What are your views on the position of InternetNZ to not publish the 
levels set for monitoring Whois query transactions?

We agree that the monitoring level should not be published.  If it was 
published it is likely that unscrupulous users would find ways to work 
around the monitoring level.


8. Should the Whois policy specify the actions the registry can take when 
abuse of the Whois is suspected? Why? 

The Department has no opinion on this issue.


General Feedback
9. Are there any other issues you think the working group needs to 
consider in the course of the review? 

No.

David Wilson
Senior Policy Analyst