Is this a new motion?  This is not the same text as the motion we voted agree or disagree on earlier in the week.  Are you calling a vote on this motion?



Motion #3 conditional motion offered by Ross Rader, seconded by Mawaki
Chango (may be withdrawn if Doria motion above is approved)
  
Whereas;

(i) The GNSO Council has considered the reports of the WHOIS Working
Group and WHOIS Task Force, and;
(ii) That the GNSO Council vote on resolution [XXXXX] failed to produce
supermajority or majority support for the recommendations of the report
of the Task Force, and;
(iii) The GNSO Council considers that the results of this vote signifies
the continued lack of consensus on the key issues and possible solutions
to those issues, both within the Council, the GNSO and between key
stakeholder groups, and;
(iv) The GNSO Council recognizes that there is no standing consensus
policy concerning the management of the WHOIS service and data provided
to the public through that service by ICANN's contracted commercial
operators, the registries and registrars, save and except the WHOIS Data
Reminder Policy and the WHOIS Marketing Restriction Policy, and;
(v) That significant policy must have the support of the Internet and
DNS community and without that support, those policies cannot be
reasonably implemented or enforced.

Therefore be it resolved;

(i) That, with regret, the GNSO Council advises the ICANN staff and
Board of Directors of the lack of general consensus on the key issues
and solutions pertaining to gTLD WHOIS, and;
(ii) That due to this lack of consensus the GNSO Council recommends that
the Board consider "sunsetting" the existing current contractual
requirements concerning WHOIS for registries, registrars and registrants
that are not supported by consensus policy by removing these unsupported
provisions from the current operating agreements between ICANN and its
contracted parties, and;
(iii) That these provisions be sunset no later than the end of the 2008
ICANN Annual General Meeting and;
(iv) That such provisions will remain sunset until such time that
consensus policy in this area has been developed to replace the sunset
provisions, at which point they will be eliminated or modified.



Cheryl B. Preston
Edwin M. Thomas
Professor of Law
J. Reuben Clark Law School
Brigham Young University
424 JRCB
Provo, UT 84602
(801) 422-2312
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