Amendment to Proposed motion on WHOIS

[Milton Mueller]

Based on reading Mawaki's comments, I suggest that we consider two other
options:

1. amending this resolution by simply deleting part 3 of Bruce's
resolution. Reasons:
* the purposes of the current RAA are really irrelevant to what the
purpose should be, as determined by the GNSO. The RAA was not a product
of a bottom up process but resulted from negotiations betwen USG and
ICANN with IPR interests looking over their shoulder back in 1999.
* It is dangerous to allow GAC, which is dominated by USG, to formulate
a new, alternative version of purpose.

2. Modify part 3 as follows:

Three: the Council with undertake a dialogue with governments, via the
GAC, and SSAC on how to balance privacy and law enforcement concerns.
The dialogue with governments must take into account the views of law
enforcement agencies, data protection authorities, and the policies and
rules of ccTLDs, and take note of differences in national law and
policies.



>>> Milton Mueller <mueller at SYR.EDU> 6/29/2006 7:50:07 AM >>>
In line with my comments in the public forum yesterday, I propose the
following modification to Bruce's resolution. I hope that Mawaki can
introduce these changes today on the Council list and/or the meeting
this afternoon.

Original Part 3 of the resolution:

--- Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au> wrote:
> Three: the Council will undertake a dialogue with the GAC and
> SSAC on developing a broadly understandable definition of the
> purposes for which the current data required in the RRA is
collected.

Change to this:



> Four: 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.
>
> Five: The GNSO Council will take the final report from the
> WHOIS task
> force that addresses all terms of reference, and the
> definition of
> purpose of collecting data derived from the dialogue with the
> GAC and
> SSAC, and consider improving the wording of the WHOIS service
> definition
> so that it is broadly understandable.
>
> The GNSO Council notes that the current 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.
>
>