Urgent: your response needed

[Milton L Mueller]

> -----Original Message-----
> From: Cheryl Preston [mailto:prestonc at lawgate.byu.edu]
> Sent: Thursday, September 20, 2007 3:46 PM
> To: NCUC-DISCUSS at LISTSERV.SYR.EDU; Milton L Mueller
> Subject: Re: Urgent: your response needed
> 
> Is this a new motion?  This is not the same text as the motion we voted
> agree or disagree on earlier in the week.  Are you calling a vote on this
> motion?

This is the same motion. The original notion was this:

NCUC should respond to the Draft Staff Report on Whois by expressing its support for Motion #3 contained in the report. That motion declares that there is no consensus on existing Whois policy and asks that the Whois portions of the Registrar Accreditation Agreement be "sunsetted" (i.e., expired) at the end of 2008. This motion should NOT be withdrawn if Motion #1 passes. 

The full text of Motion #3, which is referenced above, is contained in the email you just responded to. 

> 
> Motion #3 conditional motion offered by Ross Rader, seconded by Mawaki
> Chango (may be withdrawn if Doria motion above is approved)
> 
> Whereas;
> 
> (i) The GNSO Council has considered the reports of the WHOIS Working
> Group and WHOIS Task Force, and;
> (ii) That the GNSO Council vote on resolution [XXXXX] failed to produce
> supermajority or majority support for the recommendations of the report
> of the Task Force, and;
> (iii) The GNSO Council considers that the results of this vote signifies
> the continued lack of consensus on the key issues and possible solutions
> to those issues, both within the Council, the GNSO and between key
> stakeholder groups, and;
> (iv) The GNSO Council recognizes that there is no standing consensus
> policy concerning the management of the WHOIS service and data provided
> to the public through that service by ICANN's contracted commercial
> operators, the registries and registrars, save and except the WHOIS Data
> Reminder Policy and the WHOIS Marketing Restriction Policy, and;
> (v) That significant policy must have the support of the Internet and
> DNS community and without that support, those policies cannot be
> reasonably implemented or enforced.
> 
> Therefore be it resolved;
> 
> (i) That, with regret, the GNSO Council advises the ICANN staff and
> Board of Directors of the lack of general consensus on the key issues
> and solutions pertaining to gTLD WHOIS, and;
> (ii) That due to this lack of consensus the GNSO Council recommends that
> the Board consider "sunsetting" the existing current contractual
> requirements concerning WHOIS for registries, registrars and registrants
> that are not supported by consensus policy by removing these unsupported
> provisions from the current operating agreements between ICANN and its
> contracted parties, and;
> (iii) That these provisions be sunset no later than the end of the 2008
> ICANN Annual General Meeting and;
> (iv) That such provisions will remain sunset until such time that
> consensus policy in this area has been developed to replace the sunset
> provisions, at which point they will be eliminated or modified.
> 
> 
> 
> Cheryl B. Preston
> Edwin M. Thomas
> Professor of Law
> J. Reuben Clark Law School
> Brigham Young University
> 424 JRCB
> Provo, UT 84602
> (801) 422-2312
> prestonc at lawgate.byu.edu
> 
> 

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