[council] Proposed WHOIS motion for 20 July 2006

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Tue Jul 18 03:10:35 UTC 2006

Hello All,

I am wondering whether we should actually pull out clause 3 from the
motion below and treat it separately.  Clause 3 is actually much broader
in scope than WHOIS, as it is about the purposes for which registrars
collect and retain data.  The WHOIS service is only one of several
purposes for which data is collected and retained, and there are
different services available for accessing data related to domain names
depending on the intended recipients of that data.  For example many
registrars provide interfaces for registrants and resellers to access
data that are separate from the WHOIS service.

I have been contacted by some registrars, that including this as part of
a "WHOIS motion", may be confusing as some of the data referred to in
the motion below is not related to WHOIS, and some of the data is
related to the current WHOIS service.

Bruce Tonkin


> -----Original Message-----
> From: owner-council at gnso.icann.org 
> [mailto:owner-council at gnso.icann.org] On Behalf Of Bruce Tonkin
> Sent: Thursday, 13 July 2006 6:59 PM
> To: Council GNSO
> Subject: [council] Proposed WHOIS motion for 20 July 2006
> Hello All,
> Below is a revised motion derived from the tabled motion 
> discussed in Marrakech, and taking into account feedback I 
> have received since.
> The main changes are in step (3), where I have attempted to 
> link the language to current clauses in the registrar 
> accreditation agreement, and included a requirement to 
> consider privacy and law enforcement perspectives.  I have 
> also left out SSAC, as most of the focus in
> Marrakech was on Government input and additional public 
> input.   We will
> of course continue to liaise with the SSAC as we do with the 
> ALAC.   We
> have not yet heard any concerns from SSAC or ALAC with the 
> current definition of the WHOIS service.
> I have also added a list of the relevant data elements.
> Comments/improvements welcome.
> Regards,
> Bruce Tonkin
> Proposed Motion on WHOIS
> The GNSO Council notes that the current WHOIS definition is 
> related to the service that provides public access to some or 
> all of the data collected, and is not a definition of the 
> purpose of the data itself.
> In response to the extensive community and Government input 
> on the definition of the purpose of WHOIS, the GNSO Council 
> agrees to undertake the following steps:
> (1)  Each Council member that voted in favour of the 
> definition will provide a brief explanation of the reason for 
> supporting the resolution and their understanding of its meaning.
> (2) The ICANN staff will provide a summary of the other 
> interpretations of the definition that have been expressed 
> during the public comment period, and subsequently in 
> correspondence from the public and Governments.
> (3) The Council will undertake a dialogue with governments, 
> via the GAC, to work towards developing a broadly 
> understandable definition of the minimum 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.   The dialogue should seek 
> to balance
> privacy and law enforcement concerns with ICANN's mission and 
> core values, and must take into account the views of law 
> enforcement agencies, data protection authorities, the 
> policies and rules of access to ccTLD data, and relevant 
> national laws.
> Note that one of the purposes would be for the public display 
> of some or all of the data as per the recent definition of 
> the purpose of WHOIS.
> Note that Registrars are required (clause to provide 
> notice to each new or renewed Registered Name Holder stating 
> the purposes for which any Personal Data collected from the 
> applicant are intended, and the intended recipients or 
> categories of recipients of the data (including the Registry 
> Operator and others who will receive the data from Registry Operator).
> (4) The GNSO Council requests that the WHOIS task force 
> continue with their work as specified in the terms of 
> reference taking into account the recent input that has been 
> provided and any further clarification as it becomes 
> available from Council.
> (5)  The GNSO Council will take the final report from the 
> WHOIS task force that addresses all terms of reference and 
> the outcomes of the dialogue with governments, and consider 
> improving the wording of the WHOIS service definition so that 
> it is broadly understandable.
> List of data that must be collected and retained by registrars:
> **************************************************************
> ***************************************************************
> The following is commonly referred to as the "WHOIS Data":
> **********************************************************
> (a) The name of the Registered Name;
> (b) The names of the primary nameserver and secondary 
> nameserver(s) for the Registered Name;
> (c) The identity of Registrar (which may be provided through 
> Registrar's website);
> (d) The original creation date of the registration;
> (e) The expiration date of the registration;
> (f) The name and postal address of the Registered Name Holder;
> (g) The name, postal address, e-mail address, voice telephone 
> number, and (where available) fax number of the technical 
> contact for the Registered Name; and
> (h) The name, postal address, e-mail address, voice telephone 
> number, and (where available) fax number of the 
> administrative contact for the Registered Name.
> In addition there is:
> *********************
> (i) The name and (where available) postal address, e-mail 
> address, voice telephone number, and fax number of the 
> billing contact;
> (j) In electronic form, the submission date and time, and the 
> content, of all registration data (including updates) 
> submitted in electronic form to the Registry Operator(s);
> (k) In electronic, paper, or microfilm form, all written 
> communications constituting registration applications, 
> confirmations, modifications, or terminations and related 
> correspondence with Registered Name Holders, including 
> registration contracts; and
> (l) In electronic form, records of the accounts of all 
> Registered Name Holders with Registrar, including dates and 
> amounts of all payments and refunds.

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