[council] Purpose of Whois - informational materials

[Maria Farrell]

Dear all,

Please find attached a revised version of the summary of interpretations of
the definition of Whois, following the comments received. I have added to
the document the input of the organisations requested - apart from
organisations that have not sent their input to ICANN.  

In compiling this information, I have followed the wishes of the GNSO
Council: 

"(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."

Relatively few of the inputs received made an explicit interpretation of the
purpose of Whois ('formulation 1'). The vast majority of those who made
explicit interpretations of the chosen formulation were in fact opposed to
it. So, to avoid even the appearance of imbalance, I have included all
inputs received, identifying where no interpretation was made, or
identifying within the text an implicit interpretation. Council members may
recall that the issue of interpretation of the definition arose after the
public comments period expired. 

The goal of this work is to provide useful information to the Council. If
Council members are aware of any interpretations of the definition that are
not included, then I will be happy to add them. 

Best regards, Maria


-----Original Message-----
From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On
Behalf Of Robin Gross
Sent: Friday, September 08, 2006 4:19 PM
To: Maria Farrell
Cc: 'Council GNSO'
Subject: Re: [council] Purpose of Whois - informational materials

Hello Maria,

If we are to append additional reports to these informational materials, and
I do support the notion of supplying as much relevant info as possible, then
we need to include the following resources in our informational materials
also:

Letter from Jennifer Stoddart, Privacy Commissioner of Canada to Dr. 
Paul Twomey, 11 July, 2006
http://www.icann.org/correspondence/stoddart-to-twomey-11jul06.pdf

Article 29 Working Party of the European Union letter, 22 June, 2006
http://www.icann.org/correspondence/schaar-to-cerf-22jun06.pdf

Commission de la Protection de la Privee (Belgium) letter, 22 June, 2006
http://www.icann.org/correspondence/parisse-to-icann-22jun06.pdf

EPIC Testimony to US Congress on WHOIS,18 July 2006
http://www.epic.org/privacy/whois/phishing_test.pdf

Thank you,
Robin



Maria Farrell wrote:

> Dear all,
> Attached are several Word documents that provide information requested 
> by the GNSO Council on 26 July in the following resolutions:
>
> "(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."
>
> This information is provided in the document: SUMMARY OF 
> INTERPRETATIONS OF THE DEFINITION OF WHOIS.doc
>
> .." (1) The ICANN staff will review a representative sample of cctld 
> registry or cctld registrar agreements with registrants, taking into 
> account the issues of geographical diversity and rule of law 
> variances, to identify some of the purposes for which registrars 
> collect Personal Data in the course of registering a domain name for 
> their customers."
>
> This information is provided in the document: ccTLD registrant 
> agreements.doc
>
> "The ICANN staff will review a representative sample of registrar 
> agreements with Registered Name Holders, taking into account the 
> issues of geographical diversity and rule of law variances, to 
> identify some of the purposes for which registrars collect Personal 
> Data in the course of registering a domain name for their customers."
>
> This information is provided in the document: gTLD registrant 
> agreementst purpose of Whois collection.doc
>
> "(3) The ICANN staff will summarise the current material that has 
> resulted from WHOIS discussions since 2002 that document the current 
> uses and abuses of the Personal Data that is currently made public 
> through the WHOIS service."
>
> This information is provided in the document: Uses of Whois 
> data2006.doc
>
> All of this information will also be presented in html form and posted 
> to the GNSO website to make it more easily accessible in the future.
>
> Best regards, Maria Farrell
>
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