Important: How to amend Draft Charter for new Whois Working Group

[Milton Mueller]

Dear NCUC Council members
In considering this WG charter April 12, please move to amend it as
follows:

Under section 4b,
Change the sentence "Determine how third parties may access
registration data that is no longer available for unrestricted public
query-based access for legitimate activities."

to...

Determine which third parties, under which conditions, may access
registration data that is no longer available for unrestricted public
query-based access."

Also, strike the 8 paragraphs beginning "The GAC policy
principles...."

Reason:
The opening sentence of 4b reads as if ANY third party will be given
access to the data for any activity. But this begs the policy question
that the WG must answer, which is WHICH third parties (e.g., just law
enforcement agencies, or others) and under WHAT CONDITIONS.

As for the second change, having discussed this with GAC members, the
objections of the EU to the language was resolved by stating that some
of the ACTIVITIES that Whois data was used for was legitimate, but this
did not necessarily mean that ACCESS TO THE PRIVATE DATA was also
legitimate. Also, the Whois task force has already determined that the
purpose of Whois does not include many of these activities, so there is
no obligation on ICANN to make the data available for those activities.


>>> Mawaki Chango <ki_chango at YAHOO.COM> 3/30/2007 11:30 PM >>>
For your serious consideration.

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

> From: "Maria Farrell" <maria.farrell at icann.org>
> To: "'Council GNSO'" <council at gnso.icann.org>
> Subject: [council] Draft Charter for new Whois Working Group
> Date: Fri, 30 Mar 2007 14:51:53 +0100
>
> Dear Council members,
>
> Attached is the draft Charter that sets out the statement of
> work and
> working methodologies of the Whois Working Group, created by
> resolution of
> the GNSO Council in Lisbon, on 28 March.
>
> Please review it and note that it will be an agenda item for
> discussion and
> adoption at the next Council meeting on 12 April.
>
> Also, please email this list if you wish to be on the Working
> Group, and
> feel free to to put any interested constituency members or
> outside experts
> in touch with me for further information.
>
> All the best, Maria
>