As the NCUC Task Force representative I will prepare an initial statement for consideration by the constituency, but anyone else can read this material if they have time and come up with their own responses. The basic point is simple: if Whois requires registrars to put all that private contact information out for public and anonymous access, then at least they should be well informed about this when they register a domain. 
--MM

>>> "GNSO SECRETARIAT" <[log in to unmask]> 12/22/2004 10:30:23 AM >>>
[To: liaison6c[at]gnso.icann.org; council[at]gnso.icann.org]
DOW1-2tf[at]gnso.icann.org]

Constituency statements should be submitted on or before MONDAY, JANUARY 31,
2005

Call for the submission of constituency statements on the Whois task force
1/2
Recommendations relating to improving notification and consent for the use
of
contact data in the Whois system.
http://gnso.icann.org/issues/whois-privacy/whois-notification-30nov04.pdf 

1. Registrars must ensure that disclosures regarding availability and
third-party access to personal data associated with domain names actually be
presented to registrants during the registration process.  Linking to an
external web page is not sufficient.

2. Registrars must ensure that these disclosures are set aside from other
provisions of the registration agreement if they are presented to
registrants together with that agreement.  Alternatively, registrars may
present data access disclosures separate from the registration agreement.
The wording of the notice provided by registrars should, to the extent
feasible, be uniform.

3. Registrars must obtain a separate acknowledgement from registrars that
they have read and understand these disclosures.  This provision does not
affect registrars' existing obligations to obtain registrant consent to the
use of their contact information in the WHOIS system.


The constituency statements should ideally be consistent with the ICANN
bylaws -  GNSO Policy-Development Process.

http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#AnnexA 
Section 7, d. Collection of Information.
1. Constituency Statements.
The Representatives will each be responsible for soliciting the position of
their constituencies, at a minimum, and other comments as each
Representative deems appropriate, regarding the issue under consideration.
This position and other comments, as applicable, should be submitted in a
formal statement to the task force chair (each, a "Constituency Statement")
within thirty-five (35) calendar days after initiation of the PDP. Every
Constituency Statement shall include at least the following:

(i) If a Supermajority Vote was reached, a clear statement of the
constituency's position on the issue;

(ii) If a Supermajority Vote was not reached, a clear statement of all
positions espoused by constituency members;

(iii) A clear statement of how the constituency arrived at its position(s).
Specifically, the statement should detail specific constituency meetings,
teleconferences, or other means of deliberating an issue, and a list of all
members who participated or otherwise submitted their views;

(iv) An analysis of how the issue would affect the constituency, including
any financial impact on the constituency; and

(v) An analysis of the period of time that would likely be necessary to
implement the policy.

GNSO Secretariat



--
Glen de Saint Géry
GNSO Secretariat
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