[governance] Fwd: [gnso-dow123] Note from Paul Twomey regarding WHOIS clause in the Affirmation of Responsibilities Re

[Chun Eung Hwi]

Dear Veni,


Paul Twomey's quick response was definitely much better than nothing.
However, there seems to be still unclear things.
Danny Younger's questions are mine as well. 
Maybe, anybody who read the point 5 of JPA carefully would have had such 
questions in their minds.
Moreover, for last four or five years, we, NCUC, have focused on whois 
policy rather than any other issues. You should understand this 
sensitivity in this community. 

Of course, we could have different views, but what matters is to ensure
the principle of bottom-up consensus no matter what some governments
intend to do. For this purpose, we should ask legitimate questions and
clarify some suspicious points as much as possible. Fortunately or
unfortunately, I have learned this lesson from my experience in ICANN.


regards,

Chun

On Thu, 5 Oct 2006, Veni Markovski wrote:

> point of order - it's good to NOT copy 
> NCUC-DISCUSS, for which obviously only some of 
> the people are subscribed. I don't understand 
> what netiquette is this one, where a member of a 
> list, addresses some questions, and cross-posts, 
> without giving the others the option of responding in all lists.
> 
> 
> Danny,
> 
> We already have had this argument some time ago. 
> I am not ICANN's lawyer or clarification-writer. 
> I think that there are at least two different 
> opinions on the paragraph you quote. If you have 
> questions for the Board, my advise is to address them to Vint Cerf as chair.
> 
> I don't see that "many issues" are associated 
> with point 5. I see another good step for the 
> Internet in the JPA. But again - that's what I 
> see. You, aparantly, see differently.
> 
> veni
> 
> At 05:35 AM 05.10.2006 '?.'  -0700, Danny Younger wrote:
> >Veni,
> >
> >I would appreciate receiving a clarification regarding
> >point 5 in the ICANN Affirmation of Responsibilities.
> >This point states (in part):
> >
> >"TLD Management:  ICANN shall continue to enforce
> >existing policy relating to WHOIS, such existing
> >policy requires that ICANN implement measures to
> >maintain timely, unrestricted and public access to
> >accurate and complete WHOIS information, including
> >registrant, technical, billing and administrative
> >contact information."
> >
> >My questions are as follows:
> >
> >1.  The public presentation of billing contact
> >information is not a current requirement under the
> >terms of the Registrar Accreditation Agreement and as
> >such does not constitute an element of existing policy
> >relating to WHOIS.  Why then is the Board stipulating
> >that unrestricted public access to billing contact
> >information is an element of current WHOIS policy?
> >
> >2.  What constitutes "enforcement" of existing policy
> >relating to WHOIS?  Does this mean that the use of
> >proxy services will be banned by ICANN?  Have
> >Directors discussed this possibility?
> >
> >3.  As there seem to be many issues associated with
> >point 5, have Directors discussed the possibility of
> >seeking a clarifying amendment under the terms of
> >Section IIIC of the Joint Agreement?  Which Directors
> >favored asking for a clarification?  Which Directors
> >opposed such a move?
> >
> >4.  Why didn't ICANN act to affirm the enforcement of
> >other policies (such as those that focus on security
> >by requiring registrant data escrow)?  Why did the
> >Board agree to single out only WHOIS policy for
> >enforcement?
> >
> >As always, looking forward to your elucidations,
> >
> >Danny
> >
> >
> >
> >--- Veni Markovski <veni at veni.com> wrote:
> >
> > > At 04:25 PM 04.10.2006 '?.'ÿˆö  -0400, Milton
> > > Mueller wrote:
> > > >Twomey distances himself and ICANN from the new
> > > JPA. Good.
> > >
> > > Milton,
> > > I guess that doesn't change your opinion, right?
> > >
> > >
> > >
> > > Sincerely,
> > > Veni Markovski
> >
> >
> >__________________________________________________
> >Do You Yahoo!?
> >Tired of spam?  Yahoo! Mail has the best spam protection around
> >http://mail.yahoo.com
> 
> 
> Sincerely,
> Veni Markovski
> http://www.veni.com
> 
> check also my blog:
> http://blog.veni.com
> 
> 
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Chun Eung Hwi
General Secretary, PeaceNet |   fax:     (+82)  2-2649-2624
Seoul Yangchun P.O.Box 81   |   pcs:     (+82)  19-259-2667
Seoul, 158-600, Korea  	    | eMail:   chun at peacenet.or.kr
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