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

[Mawaki Chango]

FYI pls note attachment.

--- Maria Farrell <maria.farrell at icann.org> wrote:

> From: "Mari, Farrell" <maria.farrell at icann.org>
> To: "'Bruce Tonkin'" <Bruce.Tonkin at melbourneit.com.au>,
>         "'Council GNSO'" <council at gnso.icann.org>
> Subject: RE: [council] Proposed WHOIS motion for 20 July 2006
> Date: Fri, 14 Jul 2006 16:18:00 +0200
>
> Dear all,
>
> In response to Bruce's proposed motion on Whois, section (2);
>
> "(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."
>
>
> Please find attached a table that summarises interpretations
> of the
> definition of the purpose of Whois ("Formulation 1"). This
> information is
> captured from the inputs received on this issue from March to
> June of this
> year.
>
> Not all input received explicitly interprets the definition.
> For this
> reason, a considerable number of inputs are not reflected in
> the summary.
>
> Best regards, Maria Farrell
>
> -----Original Message-----
> From: owner-council at gnso.icann.org
> [mailto:owner-council at gnso.icann.org] On
> Behalf Of Bruce Tonkin
> Sent: Thursday, July 13, 2006 10:59 AM
> To: Council GNSO
> Subject: [council] Proposed WHOIS motion for 20 July 2006
>
> 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.
>
>
>
>
>
>
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