Fwd: [council] Proposed motion on WHOIS

[Milton Mueller]

Kathy and all:

Here is a first draft to start with:

A new definition of the purpose of the Whois service was adopted by the
Names Council on <date>. This 2/3 majority vote came after several years
of debate and discussion in which the Whois Task Force and the GNSO
Council were fully aware of the interests and concerns of all
stakeholders.

NCUC voted for this formulation of Whois purpose because it was the
only definition consistent with ICANN's mission and purpose, which is to
globally coordinate the Internet's unique identifiers. In accordance
with data protection principles, data that ICANN requires registrars to
collect must be limited to what is required to support ICANN's technical
coordination mission, and all public display and use of that data by
registries and registrars must also be limited to what is required to
support domain name registration issues.

We recognize that registrars collect much more data from their
customers as part of their business relationship, and that law
enforcement agencies, subject to due process and applicable national
laws and policies, have the right to gain access to that data when
needed.


>>> <KathrynKL at AOL.COM> 6/28/2006 2:40:28 PM >>>
Carlos -- that's a good idea.  I might recommend that the statement by
our 3
Council reps be drafted with me and Milton (as our Task Force
representatives).  That way, a careful statement of our understanding
at both the TF and
Council levels is reflected.

Regards, Kathy

>
>
> This seems endless, but we should prepare carefully the statement of
why
> we voted in favor of the current formulation. It would be a single
> statement for our three council reps, right?
>
> I would insist with Bruce that each statement be immediately
circulated
> to all GNSO council members as soon as it is received -- which
justifies
> us doing ours as soon as possible.
>