[registrars] Ballot Request: Adopt as Constituency Position

[Ross Rader]

The PDP requires the constituency to take a position on these two 
questions. To the extent that the constituency has adopted a position, 
its representatives shouldn't be advocating other positions. If this 
statement isn't adopted as the position of the constituency, we will 
need to keep re-crafting until a position is adopted - which the 
representatives to the task force should advocate.

Individual members of the constituency are provided with substantial and 
numerous opportunities to ensure that their specific points of view are 
entered into the public record and considered by the task force and 
council - this is what the numerous public comment phases are for. The 
task force and council does review these comments and they are 
considered at length (a review of the minutes and MP3 of the last Whois 
TF123 meeting will bear this out - we spent a substantial period of time 
review the 5 or so comments that were submitted)

In the absence of a clear position, I concur that our representatives 
should be delegated the responsibility to advocate reasonably on our 
behalf and given the autonomy to do so.

Given the formality of the policy development process as it relates to 
constituency position statements and similar documents, I'm not inclined 
to take this as a friendly amendment. I haven't consulted with the other 
reps on this subject (Paul, Tom and Tim Ruiz) but I'm guessing that they 
would concur with me on this point.

Rob Hall wrote:
> Ross,
> 
> I am also a little concerned about your motion wording.  
> 
> I am referring to the part that forces our elected reps to only advocate
> this position.  I suspect that this will not be a unanimous position, and I
> would always want our reps to present what actually occurred, or what the
> entire constituencies opinion was.  This would include presenting a
> dissenting opinion if one existed with fair support.
> 
> I know in the past, our reps have voted on issues as they interpreted the
> constituency desire.  I would like to continue to trust them to do so.  I
> have great confidence in their ability to take the temperature of the
> constituency and represent us well.
> 
> Will you consider removing the last part of your motion after "... And
> require its task force reps ....".
> 
> Rob
> 
> -----Original Message-----
> From: owner-registrars at gnso.icann.org
> [mailto:owner-registrars at gnso.icann.org] On Behalf Of Rob Hall
> Sent: Thursday, October 13, 2005 6:00 PM
> To: ross at tucows.com; registrars at dnso.org
> Subject: RE: [registrars] Ballot Request: Adopt as Constituency Position
> 
> Ross,
> 
> Can you send us the blacklined version of whats changed in your document
> from the original ?
> 
> Rob. 
> 
> -----Original Message-----
> From: owner-registrars at gnso.icann.org
> [mailto:owner-registrars at gnso.icann.org] On Behalf Of Ross Rader
> Sent: Tuesday, October 04, 2005 1:37 PM
> To: registrars at dnso.org
> Subject: [registrars] Ballot Request: Adopt as Constituency Position
> 
> Registrars;
> 
> Per Whois Task Force 123's Terms of Reference, we are required to adopt a
> position concerning the purpose of the Whois service and the purpose of the
> Registered Name Holder, Technical and Administrative contacts (see below for
> an excerpt of the terms of reference for the task force).
> 
> As a representative to this task force and with the input and assistance of
> the other representatives to this task force, I have prepared a policy
> position that I seek to have adopted by the constituency. This position
> statement is attached.
> 
> I therefore would like to make a motion as follows;
> 
> ***MOTION
> Whereas, the Registrar Constituency has considered a range of issues related
> to the intended and appropriate purpose of the gTLD Whois System, and;
> 
> Whereas, the Registrar Constituency has considered a range of issues related
> to the intended and appropriate purpose of the Registered Name Holder,
> Administrative and Technical Contacts, and;
> 
> Whereas, the Registrar Constituency seeks timely resolution of these matters
> in a consensus-based manner that takes into account the needs of all
> stakeholders including individual and corporate domain name registrants, the
> internetworking community and gTLD Registries and Registrars, therefore;
> 
> Be it resolved that the Registrar formally adopts the position statement
> entitled "The Purpose of the gTLD Whois System and Specific Contact Records"
> and require its task force representatives to advocate these positions
> within the Task Force and other ICANN fora as appropriate.
> ***ENDofMOTION
> 
> I have attached both Word and PDF versions of this document to this message.
> I will also be forwarding this draft document to the Task Force
>   as a heads up concerning our deliberations.
> 
> If you have any questions, please let me know. Your support for this motion
> would be sincerely appreciated.
> 
> -ross
> 
> 
> Excerpt from WhoisTF123 Terms of Reference;
> (1) ...the purpose of the WHOIS service in the context of ICANN's mission
> and relevant core values, international and national laws protecting privacy
> of natural persons, international and national laws that relate specifically
> to the WHOIS service, and the changing nature of Registered Name Holders.
> 
> (2) ...the purpose of the Registered Name Holder, technical, and
> administrative contacts, in the context of the purpose of WHOIS, and the
> purpose for which the data was collected. Use the relevant definitions from
> Exhibit C of the Transfers Task force report as a starting point (from
> http://www.icann.org/gnso/transfers-tf/report-exhc-12feb03.htm):
> 
> "Contact: Contacts are individuals or entities associated with domain name
> records. Typically, third parties with specific inquiries or concerns will
> use contact records to determine who should act upon specific issues related
> to a domain name record. There are typically three of these contact types
> associated with a domain name record, the Administrative contact, the
> Billing contact and the Technical contact.
> 
> Contact, Administrative: The administrative contact is an individual, role
> or organization authorized to interact with the Registry or Registrar on
> behalf of the Domain Holder. The administrative contact should be able to
> answer non-technical questions about the domain name's registration and the
> Domain Holder. In all cases, the Administrative Contact is viewed as the
> authoritative point of contact for the domain name, second only to the
> Domain Holder.
> 
> Contact, Billing: The billing contact is the individual, role or
> organization designated to receive the invoice for domain name registration
> and re-registration fees.
> 
> Contact, Technical: The technical contact is the individual, role or
> organization that is responsible for the technical operations of the
> delegated zone. This contact likely maintains the domain name server(s) for
> the domain. The technical contact should be able to answer technical
> questions about the domain name, the delegated zone and work with
> technically oriented people in other zones to solve technical problems that
> affect the domain name and/or zone.
> 
> Domain Holder: The individual or organization that registers a specific
> domain name. This individual or organization holds the right to use that
> specific domain name for a specified period of time, provided certain
> conditions are met and the registration fees are paid. This person or
> organization is the "legal entity" bound by the terms of the relevant
> service agreement with the Registry operator for the TLD in question."
> 
>