--- 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. > > > > > > > > > > > > > > > > > >