Here's my message to Council about the Study resolution. --Wendy -------- Original Message -------- Subject: Re: [council] Motion re Study on WHOIS Misuse Date: Wed, 14 Jul 2010 11:00:33 -0400 From: Wendy Seltzer <[log in to unmask]> To: Terry L Davis, P.E. <[log in to unmask]> CC: [log in to unmask], 'GNSO Council' <[log in to unmask]> Two questions: Why do we need so much detail in the Whereas clauses? I don't believe that's necessary or helpful. Second, I do not believe that we have enough detail in the Resolved, or the staff report to which it refers, to be confident that the Misuse Study would be a statistically or scientifically valid study. Even the staff report still indicates "However, even that [superior] proposal did not address key challenges that could diminish the WHOIS policy contributions afforded by this study – notably, determining the "significance" of misuse and proving a causal relationship between misuse reduction and WHOIS anti-harvesting measures. If ICANN and GNSO elect to pursue this study, these concerns should be discussed with the bidder before a contract is awarded." Who would be responsible for the "concerns should be discussed"? I think that question remains at the GNSO level. I am therefore planning to vote against this resolution. Thanks, --Wendy On 07/13/2010 11:51 AM, Terry L Davis, P.E. wrote: > Mike > > > > I didn't that anyone else seconded your motion. If there is no second > still, I second this motion. > > > > Take care > > Terry > > > > From: [log in to unmask] [mailto:[log in to unmask]] On > Behalf Of Mike Rodenbaugh > Sent: Wednesday, July 07, 2010 6:52 PM > To: 'GNSO Council' > Subject: [council] Motion re Study on WHOIS Misuse > > > > I submit the attached motion (copied also below) for consideration by the > Council at our meeting next week. > > > > Would appreciate a second, and am happy to answer any questions. > > > > Thanks, > > Mike > > > > Mike Rodenbaugh > > RODENBAUGH LAW > > tel/fax: +1 (415) 738-8087 > > http://rodenbaugh.com<http://rodenbaugh.com/> > > > > > > GNSO Council motion to pursue study of Whois Misuse. > > Whereas: > > In October 2007, the GNSO Council concluded that a comprehensive and > objective understanding of key factual issues regarding the gTLD Whois > system would benefit future GNSO policy development efforts ( > <http://gnso.icann.org/resolutions/> http://gnso.icann.org/resolutions/). > > Before defining the details of these studies, the Council solicited > suggestions from the community for specific topics of study on WHOIS. > Suggestions were submitted ( > <http://forum.icann.org/lists/WHOIS-comments-2008/> > http://forum.icann.org/lists/WHOIS-comments-2008/) and ICANN staff prepared > a 'Report on Public Suggestions on Further Studies of WHOIS', dated > 25-Feb-2008 ( > <http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report-25 > feb08.pdf> > http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report-25f > eb08.pdf). > > On 28-Mar-2008 the GNSO Council resolved to form a WHOIS Study Working Group > to develop a proposed list, if any, of recommended studies for which ICANN > staff would be asked to provide cost estimates to the Council ( > <http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml> > http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml). > > The WHOIS Study WG did not reach consensus regarding further studies, and on > 25-Jun-2008 the GNSO Council resolved to form another group of volunteers > (WHOIS Hypotheses WG) to review the 'Report on Public Suggestions on Further > Studies of WHOIS' and the GAC letter on WHOIS studies. ( > <http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf> > http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). > > This WG was tasked to prepare a list of hypotheses to be tested, and > reported to the Council on 26-Aug-2008. > (https://st.icann.org/Whois-hypoth-wg/index.cgi?whois_hypotheses_wg#Whois_st > udy_hypotheses_wg_final_report ). > > On 5-Nov-2008, the Council convened a volunteer group of Councilors and > interested constituency members to draft a resolution regarding studies, if > any, for which cost estimates should be obtained. The Whois Study Drafting > Team further consolidated studies and data requested by the GAC ( > <http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf> > http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf ). > > > > For each of the consolidated studies, constituencies were invited to assign > priority rank and assess feasibility. 5 constituencies provided the > requested rankings, while 2 constituencies (NCUC and Registrars) indicated > that no further studies were justified. The GAC was also invited to assign > priorities, but no reply was received. The Drafting Team determined that > the six studies with the highest average priority scores should be the > subject of further research to determine feasibility and obtain cost > estimates. > > On 04-Mar-2009, Council requested Staff to conduct research on feasibility > and cost estimates for selected Whois studies and report its findings to > Council. (See Motion 3 at > <https://st.icann.org/gnso-council/index.cgi?04_mar_2009_motions> > https://st.icann.org/gnso-council/index.cgi?04_mar_2009_motions). > > > > On 23-Mar-2010, Staff presented its latest report on feasibility and cost > estimates for Whois Studies. ( > http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en. > pdf) This report included a Staff Analysis and Recommendations for the first > study, regarding WHOIS Misuse. The WHOIS Misuse study addressed 3 > originally requested studies (1, 14, and 21) and GAC data set 2. The > hypothesis of the WHOIS Misuse study is: "Public access to WHOIS data is > responsible for a material number of cases of misuse that have caused harm > to natural persons whose registrations do not have a commercial purpose." > > > At ICANN's meeting in Brussels, representatives of the GAC reiterated their > interest in ICANN's response to the GAC letter of Apr-2008, which included > these requests for further studies of WHOIS ( > <http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf> > http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf), stating: > > > > > First and foremost, the GAC believes that studies of WHOIS gTLD data should > be undertaken by neutral third parties and should create a factual record > that documents the uses and abuses of WHOIS data recognized by the GAC WHOIS > Principles. The goal should be to initially compile data that provides a > documented evidence base regarding: > > > > . the amount and source of traffic accessing WHOIS servers and the types > and numbers of different groups of users and what those users are using > WHOIS data for; and > > > > . the types and extent of misuses of WHOIS data and what harm is caused by > each type of misuse, including economic, use of WHOIS data in SPAM > generation, abuse of personal data, loss of reputation or identity theft, > security costs and loss of data." > > > > The Affirmation of Commitments requires that ICANN conduct reviews of WHOIS > policy and implementation "to assess the extent to which WHOIS policy is > effective and its implementation meets the legitimate needs of law > enforcement and promotes consumer trust." The first such review must be > organized by 30-Sep-2010. ( > <http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm >> > http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm) > > > > The proposed budget for FY 2011 includes at least $450,000 for WHOIS > studies. > > > > Resolved: > > Council requests ICANN staff to proceed with the WHOIS Misuse Study, as > described in Staff's 23-Mar-2010 Report, using the vendor selection process > described in Annex of that same report. ( > <http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en > .pdf> > http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en. > pdf). > > > > -- Wendy Seltzer -- [log in to unmask] Fellow, Silicon Flatirons Center at University of Colorado Law School Fellow, Berkman Center for Internet & Society at Harvard University http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/ https://www.torproject.org/