Fwd: [council] Proposed WHOIS motion for 20 July 2006

[Mawaki Chango]

This is Bruce's revised motion FYI, reflection, and possibly,
action. I will be off email the next 2 days.

Mawaki

--- Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au> wrote:

> Subject: [council] Proposed WHOIS motion for 20 July 2006
> Date: Thu, 13 Jul 2006 18:58:59 +1000
> From: "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au>
> To: "Council GNSO" <council at gnso.icann.org>
>
> Hello All,
>
> Below is a revised motion derived from the tabled motion
> discussed in
> Marrakech, and taking into account feedback I have received
> since.
>
> The main changes are in step (3), where I have attempted to
> link the
> language to current clauses in the registrar accreditation
> agreement,
> and included a requirement to consider privacy and law
> enforcement
> perspectives.  I have also left out SSAC, as most of the focus
> in
> Marrakech was on Government input and additional public input.
>   We will
> of course continue to liaise with the SSAC as we do with the
> ALAC.   We
> have not yet heard any concerns from SSAC or ALAC with the
> current
> definition of the WHOIS service.
>
> I have also added a list of the relevant data elements.
>
> Comments/improvements welcome.
>
> Regards,
> Bruce Tonkin
>
>
> Proposed Motion on WHOIS
>
> The GNSO Council notes that the current WHOIS definition is
> related to
> the service that provides public access to some or all of the
> data
> collected, and is not a definition of the purpose of the data
> itself.
>
> In response to the extensive community and Government input on
> the
> definition of the purpose of WHOIS, the GNSO Council agrees to
> undertake
> the following steps:
>
> (1)  Each Council member that voted in favour of the
> definition will
> provide a brief explanation of the reason for supporting the
> resolution
> and their understanding of its meaning.
>
> (2) The ICANN staff will provide a summary of the other
> interpretations
> of the definition that have been expressed during the public
> comment
> period, and subsequently in correspondence from the public and
> Governments.
>
> (3) The Council will undertake a dialogue with governments,
> via the GAC,
> to work towards developing a broadly understandable definition
> of the
> minimum purposes for which the current data required in the
> Registrar
> Accreditation Agreement (see clause 3.4 of
> http://www.icann.org/registrars/ra-agreement-17may01.htm ), as
> listed
> below, is collected and retained.   The dialogue should seek
> to balance
> privacy and law enforcement concerns with ICANN's mission and
> core
> values, and must take into account the views of law
> enforcement
> agencies, data protection authorities, the policies and rules
> of access
> to ccTLD data, and relevant national laws.
>
> Note that one of the purposes would be for the public display
> of some or
> all of the data as per the recent definition of the purpose of
> WHOIS.
> Note that Registrars are required (clause 3.7.7.4) to provide
> notice to
> each new or renewed Registered Name Holder stating the
> purposes for
> which any Personal Data collected from the applicant are
> intended, and
> the intended recipients or categories of recipients of the
> data
> (including the Registry Operator and others who will receive
> the data
> from Registry Operator).
>
>
> (4) The GNSO Council requests that the WHOIS task force
> continue with
> their work as specified in the terms of reference taking into
> account
> the recent input that has been provided and any further
> clarification as
> it becomes available from Council.
>
>
> (5)  The GNSO Council will take the final report from the
> WHOIS task
> force that addresses all terms of reference and the outcomes
> of the
> dialogue with governments, and consider improving the wording
> of the
> WHOIS service definition so that it is broadly understandable.
>
>
>
> List of data that must be collected and retained by
> registrars:
> **************************************************************
>
>
***************************************************************
>
> The following is commonly referred to as the "WHOIS Data":
> **********************************************************
>
> (a) The name of the Registered Name;
>
> (b) The names of the primary nameserver and secondary
> nameserver(s) for
> the Registered Name;
>
> (c) The identity of Registrar (which may be provided through
> Registrar's
> website);
>
> (d) The original creation date of the registration;
>
> (e) The expiration date of the registration;
>
> (f) The name and postal address of the Registered Name Holder;
>
> (g) The name, postal address, e-mail address, voice telephone
> number,
> and (where available) fax number of the technical contact for
> the
> Registered Name; and
>
> (h) The name, postal address, e-mail address, voice telephone
> number,
> and (where available) fax number of the administrative contact
> for the
> Registered Name.
>
> In addition there is:
> *********************
>
> (i) The name and (where available) postal address, e-mail
> address, voice
> telephone number, and fax number of the billing contact;
>
> (j) In electronic form, the submission date and time, and the
> content,
> of all registration data (including updates) submitted in
> electronic
> form to the Registry Operator(s);
>
> (k) In electronic, paper, or microfilm form, all written
> communications
> constituting registration applications, confirmations,
> modifications, or
> terminations and related correspondence with Registered Name
> Holders,
> including registration contracts; and
>
> (l) In electronic form, records of the accounts of all
> Registered Name
> Holders with Registrar, including dates and amounts of all
> payments and
> refunds.
>
>
>
>
>
>
>
>