[council] Proposed WHOIS motion for 20 July 2006

[Marilyn Cade]

Dear Bruce, I think this needs better wording overall and I'd prefer that we
take some consultation from the Ass't General Counsel on possible edits to
the draft resolution, along with of course suggested Councilor input. Can we
enlist Dan's assistance and attention to this, please? 

Just to verify that we are seeking to be consistent with ICANN's mission and
core values. Consumer protection agencies should be added to any wording.
These are typically civil agencies, and may not always be viewed as "law
enforcement" by terminology. 

I inserted IN CAPS below some possible additions/edits.

UNDERSTANDIGN WHAT CCTLDS DO IS USEFUL. Several have well established
practices and policies, but we need to ensure that we are representative as
we do that examination and invite the ccTLD managers themselves, not ask the
governments what the ccTLDs do. There are several models of CcTLDS.  :-) 

-----Original Message-----
From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On
Behalf Of Bruce Tonkin
Sent: Friday, July 14, 2006 3:53 AM
To: Council GNSO
Subject: RE: [council] Proposed WHOIS motion for 20 July 2006

 
Hello All,


> 
> (3) The Council will undertake a dialogue with governments, 
> via the GAC, to work towards developing a broadly 
> understandable definition of the minimum [AND MAXIMUM] purposes for which 
> the current data required in the Registrar Accreditation 
> Agreement (see clause 3.4 of 
> http://www.icann.org/registrars/ra-agreement-17may01.htm ), as listed
> below, is collected and retained AND USED.   The dialogue should seek 
> to [EXAMINE] [balance]
> privacy and law enforcement [VIEWS AND PERSPECTIVES AND concerns IN
CONJUNCTION with ICANN's mission and 
> core values, and [must] take into account the views of law 
> enforcement agencies, CONSUMER PROTECTION/ENFORCEMENT AGENCIES, data
protection authorities, the 
> policies and rules of access to ccTLD data, and relevant 
> national laws.

An alternative wording for the last sentence is:

The purpose of the dialogue should be to seek, to the extent reasonably
possible, A balance of privacy, CONSUMER PROTECTION, and law enforcement
PERSEPCTIVES AND concerns with ICANN's
mission and core values, and may also consider the views of data
protection authorities, the policies and rules of access to ccTLD data,
and relevant national laws.

Regards,
Bruce Tonkin