This is a very good motion by Bruce, imho. 
Pull out section 3. 

Dr. Milton Mueller
Syracuse University School of Information Studies
http://www.digital-convergence.org
http://www.internetgovernance.org

>>> Mawaki Chango <[log in to unmask]> 07/18/06 1:20 AM >>>
--- Bruce Tonkin <[log in to unmask]> wrote:

> Subject: RE: [council] Proposed WHOIS motion for 20 July 2006
> Date: Tue, 18 Jul 2006 13:10:35 +1000
> From: "Bruce Tonkin" <[log in to unmask]>
> To: "Council GNSO" <[log in to unmask]>
> 
> Hello All,
> 
> I am wondering whether we should actually pull out clause 3
> from the
> motion below and treat it separately.  Clause 3 is actually
> much broader
> in scope than WHOIS, as it is about the purposes for which
> registrars
> collect and retain data.  The WHOIS service is only one of
> several
> purposes for which data is collected and retained, and there
> are
> different services available for accessing data related to
> domain names
> depending on the intended recipients of that data.  For
> example many
> registrars provide interfaces for registrants and resellers to
> access
> data that are separate from the WHOIS service.
> 
> I have been contacted by some registrars, that including this
> as part of
> a "WHOIS motion", may be confusing as some of the data
> referred to in
> the motion below is not related to WHOIS, and some of the data
> is
> related to the current WHOIS service.
> 
> Regards,
> Bruce Tonkin
> 
> 
>  
> 
> > -----Original Message-----
> > From: [log in to unmask] 
> > [mailto:[log in to unmask]] On Behalf Of Bruce
> Tonkin
> > Sent: Thursday, 13 July 2006 6:59 PM
> > To: Council GNSO
> > Subject: [council] Proposed WHOIS motion for 20 July 2006
> > 
> > Hello All,
> > 
> > Below is a revised motion derived from the tabled motion 
> > discussed in Marrakech, and taking into account feedback I 
> > have received since.
> > 
> > The main changes are in step (3), where I have attempted to 
> > link the language to current clauses in the registrar 
> > accreditation agreement, and included a requirement to 
> > consider privacy and law enforcement perspectives.  I have 
> > also left out SSAC, as most of the focus in
> > Marrakech was on Government input and additional public 
> > input.   We will
> > of course continue to liaise with the SSAC as we do with the
> 
> > ALAC.   We
> > have not yet heard any concerns from SSAC or ALAC with the 
> > current definition of the WHOIS service.
> > 
> > I have also added a list of the relevant data elements.
> > 
> > Comments/improvements welcome.
> > 
> > Regards,
> > Bruce Tonkin
> > 
> > 
> > Proposed Motion on WHOIS
> > 
> > The GNSO Council notes that the current WHOIS definition is 
> > related to the service that provides public access to some
> or 
> > all of the data collected, and is not a definition of the 
> > purpose of the data itself.
> > 
> > In response to the extensive community and Government input 
> > on the definition of the purpose of WHOIS, the GNSO Council 
> > agrees to undertake the following steps:
> > 
> > (1)  Each Council member that voted in favour of the 
> > definition will provide a brief explanation of the reason
> for 
> > supporting the resolution and their understanding of its
> meaning.
> > 
> > (2) The ICANN staff will provide a summary of the other 
> > interpretations of the definition that have been expressed 
> > during the public comment period, and subsequently in 
> > correspondence from the public and Governments.
> > 
> > (3) The Council will undertake a dialogue with governments, 
> > via the GAC, to work towards developing a broadly 
> > understandable definition of the minimum purposes for which 
> > the current data required in the Registrar Accreditation 
> > Agreement (see clause 3.4 of 
> > http://www.icann.org/registrars/ra-agreement-17may01.htm ),
> as listed
> > below, is collected and retained.   The dialogue should seek
> 
> > to balance
> > privacy and law enforcement concerns with ICANN's mission
> and 
> > core values, and must take into account the views of law 
> > enforcement agencies, data protection authorities, the 
> > policies and rules of access to ccTLD data, and relevant 
> > national laws.
> > 
> > Note that one of the purposes would be for the public
> display 
> > of some or all of the data as per the recent definition of 
> > the purpose of WHOIS.
> > Note that Registrars are required (clause 3.7.7.4) to
> provide 
> > notice to each new or renewed Registered Name Holder stating
> 
> > the purposes for which any Personal Data collected from the 
> > applicant are intended, and the intended recipients or 
> > categories of recipients of the data (including the Registry
> 
> > Operator and others who will receive the data from Registry
> Operator).
> > 
> > 
> > (4) The GNSO Council requests that the WHOIS task force 
> > continue with their work as specified in the terms of 
> > reference taking into account the recent input that has been
> 
> > provided and any further clarification as it becomes 
> > available from Council.
> > 
> > 
> > (5)  The GNSO Council will take the final report from the 
> > WHOIS task force that addresses all terms of reference and 
> > the outcomes of the dialogue with governments, and consider 
> > improving the wording of the WHOIS service definition so
> that 
> > it is broadly understandable.
> > 
> > 
> > 
> > List of data that must be collected and retained by
> registrars:
> >
> **************************************************************
> > 
> >
>
***************************************************************
> > 
> > The following is commonly referred to as the "WHOIS Data":
> > **********************************************************
> > 
> > (a) The name of the Registered Name;
> > 
> > (b) The names of the primary nameserver and secondary 
> > nameserver(s) for the Registered Name;
> > 
> > (c) The identity of Registrar (which may be provided through
> 
> > Registrar's website);
> > 
> > (d) The original creation date of the registration;
> > 
> > (e) The expiration date of the registration;
> > 
> > (f) The name and postal address of the Registered Name
> Holder;
> > 
> > (g) The name, postal address, e-mail address, voice
> telephone 
> > number, and (where available) fax number of the technical 
> > contact for the Registered Name; and
> > 
> > (h) The name, postal address, e-mail address, voice
> telephone 
> > number, and (where available) fax number of the 
> > administrative contact for the Registered Name.
> > 
> > In addition there is:
> > *********************
> > 
> > (i) The name and (where available) postal address, e-mail 
> > address, voice telephone number, and fax number of the 
> > billing contact;
> > 
> > (j) In electronic form, the submission date and time, and
> the 
> > content, of all registration data (including updates) 
> > submitted in electronic form to the Registry Operator(s);
> > 
> > (k) In electronic, paper, or microfilm form, all written 
> > communications constituting registration applications, 
> > confirmations, modifications, or terminations and related 
> > correspondence with Registered Name Holders, including 
> > registration contracts; and
> > 
> > (l) In electronic form, records of the accounts of all 
> > Registered Name Holders with Registrar, including dates and 
> > amounts of all payments and refunds.
> > 
> > 
> > 
> > 
> > 
> > 
> > 
> > 
> 
>