[IAG-WHOIS conflicts] Draft report

[Jamie Hedlund]

Christopher,

Thank you for your comments. As has been repeatedly discussed within the IAG, the scope of the work is limited to consideration of potential improvements to the existing WHOIS Conflicts Procedure. The existing WHOIS policy, the Procedure's underlying Policy, adoption of globally, international best privacy practices, and the work of the EWG are all outside the scope of the IAG's mandate. On our call on Monday it would be appropriate to discuss your point 1 below. As the remainder of your points are out of scope, I would recommend that they not be included in the agenda.

Best,
Jamie

Jamie Hedlund
VP, Strategic Programs
Global Domains Division
ICANN
+1.202.374.3969 (m)
+1.202.570.7125 (d)
jamie.hedlund at icann.org

From: Christopher Wilkinson <cw at christopherwilkinson.eu<mailto:cw at christopherwilkinson.eu>>
Date: Thursday, July 9, 2015 at 11:21
To: "whois-iag-volunteers at icann.org<mailto:whois-iag-volunteers at icann.org>" <whois-iag-volunteers at icann.org<mailto:whois-iag-volunteers at icann.org>>
Cc: Jamie Hedlund <jamie.hedlund at icann.org<mailto:jamie.hedlund at icann.org>>
Subject: Re: [IAG-WHOIS conflicts] Draft report

Good afternoon:

I would be glad to thank the ICANN staff for their efforts in producing this draft report, were it not that a large part of the IAG-Whois discussion has been totally ignored.
I think it is clear from the record that I could not possibly accept this draft as a basis for further discussion in future IAG conference calls.

1. On the basis of the discussion that I have heard in the conference calls and on the mailing list, I suggest that this is at most a minority report.
Before proceeding any further, I would request a formal, nominative, poll of all the Members of the IAG (paragraph 4.2) as to whether this draft is or is not a minority report.

2. I request that the basic arguments that have been repeatedly expressed in the group as to why the present whois policy is not acceptable in large parts of the world,
  be recorded in detail for the benefit of the GNSO and the ICANN Board.

3. The report should clarify that what is still blithely described as the "underlying policy" (paragraph 1.1) is inconsistent with privacy law in large parts of the world.

4. With regard to the "stability and uniformity of the WHOIS system" (Paragraph 1.1) may I recall that I have proposed that either the burden of proof be reversed to the effect that ICANN must if necessary take the initiative to 'trigger' the procedure, or that ICANN should implement globally, international best practice privacy policy, world-wide.  Until these options have been thoroughly discussed, I do not see on what basis ICANN staff can issue a draft report on the interim outcome of the IAG.

5. In this context, may I also request that the IAG - and our readers in the ICANN community - be informed, in our report, as to the procedure and schedule for the implementation of the recommendations of the EWG:

https://www.icann.org/news/blog/ewg-recommends-a-replacement-for-whois

As I understand it the system proposed by the EWG is aimed at:


  *   Providing appropriate access to accurate, reliable, and uniform registration data.
  *   Protecting the privacy of personal information.
  *   Enabling a reliable mechanism for identifying, establishing and maintaining the ability to contact Registrants in order to guarantee accountability.
  *   Supporting a framework to address issues involving Registrants including, but not limited to, consumer protection, investigation of cybercrime and intellectual property protection.
  *   Providing an infrastructure to address appropriate law enforcement needs.

Best regards to you all

Christopher Wilkinson


On 08 Jul 2015, at 21:00, Jamie Hedlund <jamie.hedlund at icann.org<mailto:jamie.hedlund at icann.org>> wrote:

All,

Attached please find a draft report for the IAG's review and consideration. We propose that discussion of the draft be the sole agenda item for Monday's call. If you have any comments or edits before then please feel free to send those to the mailing list. Thank you.

Best,
Jamie

Jamie Hedlund
VP, Strategic Programs
Global Domains Division
ICANN
+1.202.374.3969 (m)
+1.202.570.7125 (d)
jamie.hedlund at icann.org<mailto:jamie.hedlund at icann.org>
<IAG Draft Report v2.docx><IAG Draft Report v2.pdf>_______________________________________________
Whois-iag-volunteers mailing list
Whois-iag-volunteers at icann.org<mailto:Whois-iag-volunteers at icann.org>
https://mm.icann.org/mailman/listinfo/whois-iag-volunteers

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/whois-iag-volunteers/attachments/20150709/8bc9c2a9/attachment-0001.html>