[council] Motion re Study on WHOIS Misuse

Wed Jul 14 15:15:28 UTC 2010

Hi Wendy,

If you have specific changes to the text in mind, then we can consider as
potential friendly amendments.

As for the additional discussion that Staff calls for, Staff could/should
have that discussion with the vendor as the contract is negotiated by Staff.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com

-----Original Message-----
From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On
Behalf Of Wendy Seltzer
Sent: Wednesday, July 14, 2010 8:01 AM
To: Terry L Davis, P.E.
Cc: icann at rodenbaugh.com; 'GNSO Council'
Subject: Re: [council] Motion re Study on WHOIS Misuse

Two questions: Why do we need so much detail in the Whereas clauses?  I 
don't believe that's necessary or helpful.

Second, I do not believe that we have enough detail in the Resolved, or 
the staff report to which it refers, to be confident that the Misuse 
Study would be a statistically or scientifically valid study.

Even the staff report still indicates  "However, even that [superior] 
proposal did not address key challenges that could diminish the WHOIS 
policy contributions afforded by this study - notably, determining the 
"significance" of misuse and proving a causal relationship between 
misuse reduction and WHOIS anti-harvesting measures. If ICANN and GNSO 
elect to pursue this study, these concerns should be discussed with the 
bidder before a contract is awarded."

Who would be responsible for the "concerns should be discussed"?  I 
think that question remains at the GNSO level.

I am therefore planning to vote against this resolution.

Thanks,
--Wendy

On 07/13/2010 11:51 AM, Terry L Davis, P.E. wrote:
> Mike
>
>
>
> I didn't that anyone else seconded your motion.  If there is no second
> still, I second this motion.
>
>
>
> Take care
>
> Terry
>
>
>
> From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org]
On
> Behalf Of Mike Rodenbaugh
> Sent: Wednesday, July 07, 2010 6:52 PM
> To: 'GNSO Council'
> Subject: [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-25
> feb08.pdf>
>
http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report-25f
> eb08.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_st
> udy_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-23mar10-en.
> pdf).
>
>
>
>

-- 
Wendy Seltzer -- wendy at seltzer.org
phone: +1.914.374.0613
Fellow, Silicon Flatirons Center at University of Colorado Law School
Fellow, Berkman Center for Internet & Society at Harvard University
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/
https://www.torproject.org/