[ispcp] WG: [council] Motion re Study on WHOIS Misuse

Thu Jul 8 09:51:58 UTC 2010

Any comment? Can we support?

Best regards 
Wolf-Ulrich Knoben 

________________________________

	Von: owner-council at gnso.icann.org
[mailto:owner-council at gnso.icann.org] Im Auftrag von Mike Rodenbaugh
	Gesendet: Donnerstag, 8. Juli 2010 03:52
	An: 'GNSO Council'
	Betreff: [council] Motion re Study on WHOIS Misuse

	I submit the attached motion (copied also below) for
consideration by the Council at our meeting next week.

	Would appreciate a second, and am happy to answer any questions.

	Thanks,

	Mike

	Mike Rodenbaugh

	RODENBAUGH LAW

	tel/fax:  +1 (415) 738-8087

	http://rodenbaugh.com <http://rodenbaugh.com/> 

	GNSO Council motion to pursue study of Whois Misuse.

	Whereas:

	In October 2007, the GNSO Council concluded that a comprehensive
and objective understanding of key factual issues  regarding the gTLD
Whois system would benefit future GNSO policy development efforts (
http://gnso.icann.org/resolutions/ <http://gnso.icann.org/resolutions/>
).

	Before defining the details of these studies, the Council
solicited suggestions from the community for specific topics of study on
WHOIS.  Suggestions were submitted (
http://forum.icann.org/lists/WHOIS-comments-2008/
<http://forum.icann.org/lists/WHOIS-comments-2008/> ) and ICANN staff
prepared a  'Report on Public Suggestions on Further Studies of WHOIS',
dated 25-Feb-2008 (
http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report
-25feb08.pdf
<http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-repor
t-25feb08.pdf> ).

	On 28-Mar-2008 the GNSO Council resolved to form a WHOIS Study
Working Group to develop a proposed list, if any, of recommended studies
for which ICANN staff would be asked to provide cost estimates to the
Council (http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml
<http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml> ).

	The WHOIS Study WG did not reach consensus regarding further
studies, and on 25-Jun-2008 the GNSO Council resolved to form another
group of volunteers (WHOIS Hypotheses WG) to review the 'Report on
Public Suggestions on Further Studies of WHOIS' and the GAC letter on
WHOIS studies. (
http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf
<http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf> ).

	This WG was tasked to prepare a list of hypotheses to be tested,
and reported to the Council on 26-Aug-2008.  (
https://st.icann.org/Whois-hypoth-wg/index.cgi?whois_hypotheses_wg#Whois
_study_hypotheses_wg_final_report ).

	On 5-Nov-2008, the Council convened a volunteer group of
Councilors and interested constituency members to draft a resolution
regarding studies, if any, for which cost estimates should be obtained.
The Whois Study Drafting Team further consolidated studies and data
requested by the GAC (
http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf
<http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf>  ).

	For each of the consolidated studies, constituencies were
invited to assign priority rank and assess feasibility.  5
constituencies provided the requested rankings, while 2 constituencies
(NCUC and Registrars) indicated that no further studies were justified.
The GAC was also invited to assign priorities, but no reply was
received.  The Drafting Team determined that the six studies with the
highest average priority scores should be the subject of further
research to determine feasibility and obtain cost estimates. 

	On 04-Mar-2009, Council requested Staff to conduct research on
feasibility and cost estimates for selected Whois studies and report its
findings to Council.  (See Motion 3 at 
https://st.icann.org/gnso-council/index.cgi?04_mar_2009_motions
<https://st.icann.org/gnso-council/index.cgi?04_mar_2009_motions> ).

	On 23-Mar-2010, Staff presented its latest report on feasibility
and cost estimates for Whois Studies. ( 
http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10
-en.pdf) This report included a Staff Analysis and Recommendations for
the first study, regarding WHOIS Misuse.   The WHOIS Misuse study
addressed 3 originally requested studies (1, 14, and 21) and GAC data
set 2.   The hypothesis of the WHOIS Misuse study is: "Public access to
WHOIS data is responsible for a material number of cases of misuse that
have caused harm to natural persons whose registrations do not have a
commercial purpose."

	At ICANN's meeting in Brussels, representatives of the GAC
reiterated their interest in ICANN's response to the GAC letter of
Apr-2008, which included these requests for further studies of WHOIS (
http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf
<http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf> ),
stating: 

	First and foremost, the GAC believes that studies of WHOIS gTLD
data should be undertaken by neutral third parties and should create a
factual record that documents the uses and abuses of WHOIS data
recognized by the GAC WHOIS Principles. The goal should be to initially
compile data that provides a documented evidence base regarding:

	*  the amount and source of traffic accessing WHOIS servers and
the types and numbers of different groups of users and what those users
are using WHOIS data for; and

	*  the types and extent of misuses of WHOIS data and what harm
is caused by each type of misuse, including economic, use of WHOIS data
in SPAM generation, abuse of personal data, loss of reputation or
identity theft, security costs and loss of data."

	The Affirmation of Commitments requires that ICANN conduct
reviews of WHOIS policy and implementation "to assess the extent to
which WHOIS policy is effective and its implementation meets the
legitimate needs of law enforcement and promotes consumer trust."  The
first such review must be organized by 30-Sep-2010.  (
http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en.
htm
<http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en
.htm> )

	The proposed budget for FY 2011 includes at least $450,000 for
WHOIS studies.

	Resolved:

	Council requests ICANN staff to proceed with the WHOIS Misuse
Study, as described in Staff's 23-Mar-2010 Report, using the vendor
selection process described in Annex of that same report. (
http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10
-en.pdf
<http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar1
0-en.pdf> ).

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