[Rt4-whois] Questions on Recommendation 17

[Smith, Bill]

I see nothing in the policy that *requires* rate limiting over port 43. The referenced policy, now part of the RAA, refers to *bulk* access, nothing more, nothing less.

If the contracted parties are relying on this language as a means to justify port 43 rate limiting, they are employing *creative* reading of the language.

On Feb 8, 2012, at 9:57 AM, Kathy Kleiman wrote:

Lutz wrote:

Yes, that's the reasoning behind the proposal: The AoC urges ICANN to
provide such an unrestricted access. Unfortunly many registries does rate
limit the access or does not provide all the required data.

Hi Lutz,
Yes, the registrars and registries rate limit because they feel required to. It is part of the Whois Marketing Restriction Policy of 2004 -- one of the few bright spots of the type of consensus from the GNSO we have been looking for -- that bars registries and registrars from allowing data mining of the Whois databases for spam, other forms of unwanted advertising, profiling, etc.  (Quote from our draft report, chapter 3, is below.)  Rate limiting is a tried and true way of preventing data mining, as you know.

So here's a followup question: Are we saying, somehow, that the language of the AOC trumps and takes precedence over this Consensus Policy?  If so, I think we really need to spell it out for the community and the GNSO.

But somehow, I don't think we meant to overturn this marketing restriction policy.  As I have mentioned, I think we should be very carefully of recommended specific technical fixes -- but lay out the problem, and the need for a solution, and allow the Community to find it.

Chapter 3 Excerpt:
"WHOIS Marketing Restriction Policy: This policy, a combination of two distinct GNSO policy recommendations, creates two policy changes to the Registrar Accreditation Agreement:
a. Registrars must require third parties “to agree not to use the [Whois] data to allow, enable, or otherwise support any marketing activities.”
b. Registrars must “agree not to sell or redistribute the [Whois] data” (with some exceptions). http://www.icann.org/en/registrars/wmrp.htm"

Best,
Kathy


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