MM: What this means is that the default value becomes "no whois
requirement at all" until and unless we can agree on a consensus policy
regarding Whois. This was how ICANN was supposed to work - no policy
without consensus. 


Whereas;

1.    The GNSO Council accepts the WG report and appreciates the efforts
made by WG participants and ICANN staff in preparing this report.
2.    The GNSO Council does not consider the WG report as sufficiently
demonstrating consensus or agreement on substantive policy proposals.
3.    The GNSO Council considers that the lack of consensus demonstrated
through this open and inclusive working group is representative of the
lack of agreement on key issues in this area of policy.
4.    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.

Therefore;

Be it resolved;

a) that the GNSO Council concludes the current PDP on Whois.
b) graciously thanks all of the volunteers, consultants, staff and
others who have participated in the GNSO's examination of Whois policy
over the last four years.
c) that the GNSO Council makes no specific policy recommendation to the
ICANN board at this time concerning Whois or related policy.
d) that the GNSO Council recommends to the ICANN staff and Board of
Directors that due to the lack of consensus on issues in this area that
current contractual requirements concerning Whois for registries,
registrars and registrants that are not supported by consensus policy be
eliminated from the current operating agreements between ICANN and its
contracted parties until such time that consensus policy in this area
has been developed.





Milton Mueller, Professor
Syracuse University 
School of Information Studies
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Internet Governance Project:
http://internetgovernance.org
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The Convergence Center:
http://www.digitalconvergence.org