[Rt4-whois] Fwd: ICANN News Alert -- WHOIS Review Team - Call for Public Comment

Sat Mar 5 03:53:39 UTC 2011

The definitions of Consumer, which we are working so hard on, seem to be
missing from this public call!

regards,
Sarmad

---------- Forwarded message ----------
From: ICANN News Alert <communications at icann.org>
Date: Sat, Mar 5, 2011 at 4:10 AM
Subject: ICANN News Alert -- WHOIS Review Team - Call for Public Comment
To: sarmad.hussain at kics.edu.pk

  [image: ICANN] <http://www.icann.org/> News Alert

http://www.icann.org/en/announcements/announcement-04mar11-en.htm
------------------------------
 WHOIS Review Team – Call for Public Comment

4 March 2011

The WHOIS Policy Review
Team<https://community.icann.org/display/whoisreview/WHOIS+Policy+Review+Team>was
launched in October 2010 in line with the Affirmation
of Commitments<http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm>(AoC)
provisions, section 9.3.1, which stipulates that:

 "ICANN additionally commits to enforcing its existing policy relating to
WHOIS, subject to applicable laws. Such existing policy requires that ICANN
implement measures to maintain timely, unrestricted and public access to
accurate and complete WHOIS information, including registrant, technical,
billing, and administrative contact information. One year from the effective
date of this document and then no less frequently than every three years
thereafter, ICANN will organize a review of WHOIS policy and its
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."
http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm

 The WHOIS policy Review Team (WHOIS RT) is composed of ten SO/AC
representatives, two independent experts, one Law Enforcement
representative, the ICANN President and CEO (Selector)'s designated nominee
and the Chair of the GAC (Selector)'s designated nominee. For full
reference, please consult:
http://www.icann.org/en/reviews/affirmation/composition-4-en.htm

The WHOIS Review Team held its first formal face-to-face meeting in London,
January 2011, and agreed on a scope of work, road map, action plan and
outreach plan. We submit these materials to the Community for review, input
and comment.

Further, on the substantive issues, the WHOIS Review Team's first tasks have
been to define key terms from its 9.3.1 section of Affirmation of
Commitments scope.

The WHOIS Review Team would welcome *public
comment<http://www.icann.org/en/public-comment/public-comment-201104-en.htm#whois-rt>
* on the following issues:

*What is a "consumer"?*

There is no single universally agreed definition of 'consumer', and legal
definitions in different jurisdictions vary widely. Some are narrow and
limited to 'natural persons', while others are broader and include various
types of organisations.

The WHOIS review team has been considering a broad interpretation of the
term 'consumer', as this would allow a broad range of perspectives to be
considered by the review team. This appears to be consistent with the
intention of the drafters of the AoC.

In the global sense, "consumer" may mean:

And specifically within the context of this review, a "consumer" w.r.t.
WHOIS data and WHOIS Service may mean:

*Feedback request from community*

Community feedback is desired on the WHOIS Review Team's approach to this
definition. Is it too broad or too restrictive? In either case, how should
it be changed?

   1.

   Scope of Work and Roadmap

   https://community.icann.org/display/whoisreview/Scope+and+Roadmap+of+the+WHOIS+RT
    2.

   Outreach Plan
   https://community.icann.org/display/whoisreview/Outreach+plan
    3.

   Action Plan
   https://community.icann.org/display/whoisreview/Action+plan
    4.

   List of Key Definitions
    1.

      Law Enforcement:
      Law Enforcement shall be considered to be an entity authorized by a
      government and whose responsibilities include the maintenance,
      co-ordination, or enforcement of laws, multi-national treaty or
      government-imposed legal obligations.
       2.

      Applicable Laws:
      Includes any and all local and national laws that regulate and/or
      control the collection, use, access, and disclosure of personally
      identifiable information. It may also include other relevant legal
      obligations, including U.N. Universal Declaration of Human Rights and the
      U.N. Guidelines for the Regulation of Computerized Personal Data Files.
       3.

      Producers and Maintainers of WHOIS Data:
       1.

         Producers: The individuals or organizations supplying contact data
         for inclusion into WHOIS data.
          2.

         Maintainers: The WHOIS Review Team proposes to subdivide this
         category in to:
          -

            Data Controllers: Individuals or organizations that define the
            data to be collected, require its release, and govern its
use. May or may
            not be directly involved in these functions.
             -

            Data Processors: Individuals or organizations engaged in the
            collection, storage, and release of data, according to the
terms defined by
            the Data Controller. They do -not- determine the nature or
use of the data
            that they collect or maintain.
               4.

      Consumer:
       - All Internet users including natural persons, commercial and
         non-commercial entities, government and academic entities.
       - Any consumer that acts as a Producer of WHOIS data (see above),
         Maintainer of WHOIS data and provider of WHOIS Service (e.g.
Registrars), or
         User of WHOIS data (e.g. individuals, commercial or
non-commercial entities
         who legitimately query the WHOIS data).

 The WHOIS Review Team also welcomes general comments on the above issues,
and any other issues which you would like us to consider at this early stage
in our work.

The ICANN San Francisco meeting takes place during our comment period and we
will be reaching out to the Community. The WHOIS Review Team will hold a
public session on Wednesday 16 February 2011 at 11 am – 12 noon in the
Elizabethan A-C meeting room: http://svsf40.icann.org/node/22173. We hold a
full day face-to-face meeting on Sunday, 13 March which is public and silent
observers are welcome to join us: http://svsf40.icann.org/node/21983.
Finally, we will be meeting with Supporting Organizations and Advisory
Committees in San Francisco and Singapore ICANN meetings (and to arrange a
meeting please contact Alice Jansen, alice.jansen at icann.org).

To find minutes of our meetings as well as documents and work in progress,
please check our public community wiki at:
https://community.icann.org/display/whoisreview/WHOIS+Policy+Review+Team

Thank you for taking the time to consider these issues and documents. Your
participation is essential to the success of the review, and your
comments<http://www.icann.org/en/public-comment/public-comment-201104-en.htm#whois-rt>will
be carefully considered.

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