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Re: [council] Fifth draft of WHOIS terms of reference
I am not in the office for the next two weeks, and my
internet access will be quite sporadic, but I'd like to
toss a quick comment into the drafting process -
Regarding the first two work items - I propose that each
be reworded to remove the phrase "the purpose of " (i.e.
"...define the purpose of..." should simply read
"...define...". The task force should simply focus on
creating definitions that can be used to set the context
for other decisions. The council should then consider
whether or not further policy work should be conducted to
define which purposes are appropriate/inappropriate as a
separate work item.
The current instructions as written are simply too broad
to allow this group to effectively meet the goals we have
set out.
Also, for our next meeting, I will have to give my proxy
to Bruce and then to Tom. Apologies that I can't make it.
On Mon, 30 May 2005 20:25:32 +1000
"Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx> wrote:
Hello All,
The draft below incorporates a specific reference to the
current work on
resolving conflict between national laws and ICANN, as
suggested by
Maria Farrell.
Regards,
Bruce
Fifth Draft of Terms of Reference for WHOIS task force
The mission of The Internet Corporation for Assigned
Names and Numbers
("ICANN") is to coordinate, at the overall level, the
global Internet's
systems of unique identifiers, and in particular to
ensure the stable
and secure operation of the Internet's unique identifier
systems.
In performing this mission, ICANN's bylaws set out 11
core values to
guide its decisions and actions. Any ICANN body making a
recommendation
or decision shall exercise its judgment to determine
which of these core
values are most relevant and how they apply to the
specific
circumstances of the case at hand, and to determine, if
necessary, an
appropriate and defensible balance among competing
values.
ICANN has agreements with gTLD registrars and gTLD
registries that
require the provision of a WHOIS service via three
mechanisms: port-43,
web based access, and bulk access. The agreements also
require a
Registered Name Holder to provide to a Registrar
accurate and reliable
contact details and promptly correct and update them
during the term of
the Registered Name registration, including: the full
name, postal
address, e-mail address, voice telephone number, and fax
number if
available of the Registered Name Holder; name of
authorized person for
contact purposes in the case of an Registered Name
Holder that is an
organization, association, or corporation; the name,
postal address,
e-mail address, voice telephone number, and (where
available) fax number
of the technical contact for the Registered Name; and
the name, postal
address, e-mail address, voice telephone number, and
(where available)
fax number of the administrative contact for the
Registered Name. The
contact information must be adequate to facilitate
timely resolution of
any problems that arise in connection with the
Registered Name.
A registrar is required in the Registrar Accreditation
Agreement (RAA)
to take reasonable precautions to protect Personal Data
from loss,
misuse, unauthorized access or disclosure, alteration,
or destruction.
The goal of the WHOIS task force is to improve the
effectiveness of the
WHOIS service in maintaining the stability and security
of the
Internet's unique identifier systems, whilst taking into
account where
appropriate the need to ensure privacy protection for
the Personal Data
of natural persons that may be Registered Name Holders,
the authorised
representative for contact purposes of a Register Name
Holder, or the
administrative or technical contact for a domain name.
Tasks:
(1) Define the purpose of the WHOIS service in the
context of ICANN's
mission and relevant core values, international and
national laws
protecting privacy of natural persons, international and
national laws
that relate specifically to the WHOIS service, and the
changing nature
of Registered Name Holders.
(2) Define the purpose of the Registered Name Holder,
technical, and
administrative contacts, in the context of the purpose
of WHOIS, and the
purpose for which the data was collected.
Use the relevant definitions from Exhibit C of the
Transfers Task force
report as a starting point (from
http://www.icann.org/gnso/transfers-tf/report-exhc-12feb03.htm):
"Contact: Contacts are individuals or entities
associated with domain
name records. Typically, third parties with specific
inquiries or
concerns will use contact records to determine who
should act upon
specific issues related to a domain name record. There
are typically
three of these contact types associated with a domain
name record, the
Administrative contact, the Billing contact and the
Technical contact.
Contact, Administrative: The administrative contact is
an individual,
role or organization authorized to interact with the
Registry or
Registrar on behalf of the Domain Holder. The
administrative contact
should be able to answer non-technical questions about
the domain name's
registration and the Domain Holder. In all cases, the
Administrative
Contact is viewed as the authoritative point of contact
for the domain
name, second only to the Domain Holder.
Contact, Billing: The billing contact is the individual,
role or
organization designated to receive the invoice for
domain name
registration and re-registration fees.
Contact, Technical: The technical contact is the
individual, role or
organization that is responsible for the technical
operations of the
delegated zone. This contact likely maintains the domain
name server(s)
for the domain. The technical contact should be able to
answer technical
questions about the domain name, the delegated zone and
work with
technically oriented people in other zones to solve
technical problems
that affect the domain name and/or zone.
Domain Holder: The individual or organization that
registers a specific
domain name. This individual or organization holds the
right to use that
specific domain name for a specified period of time,
provided certain
conditions are met and the registration fees are paid.
This person or
organization is the "legal entity" bound by the terms of
the relevant
service agreement with the Registry operator for the TLD
in question."
(3) Determine what data collected should be available
for public access
in the context of the purpose of WHOIS. Determine how
to access data
that is not available for public
access. The current elements that must be displayed by
a registrar
are:
- The name of the Registered Name;
- The names of the primary nameserver and secondary
nameserver(s) for
the Registered Name;
- The identity of Registrar (which may be provided
through Registrar's
website);
- The original creation date of the registration;
- The expiration date of the registration;
- The name and postal address of the Registered Name
Holder;
- The name, postal address, e-mail address, voice
telephone number, and
(where available) fax number of the technical contact
for the Registered
Name; and
- The name, postal address, e-mail address, voice
telephone number, and
(where available) fax number of the administrative
contact for the
Registered Name.
(4) Determine how to improve the process for notifying a
registrar of
inaccurate WHOIS data, and the process for investigating
and correcting
inaccurate data. Currently a registrar "shall, upon
notification by any
person of an inaccuracy in the contact information
associated with a
Registered Name sponsored by Registrar, take reasonable
steps to
investigate that claimed inaccuracy. In the event
Registrar learns of
inaccurate contact information associated with a
Registered Name it
sponsors, it shall take reasonable steps to correct that
inaccuracy."
(5) Determine how to resolve differences between a
Registered Name
Holder's, gTLD Registrar's, or gTLD Registry's
obligation to abide by
all applicable laws and governmental regulations that
relate to the
WHOIS service, as well as the obligation to abide by the
terms of the
agreements with ICANN that relate to the WHOIS service.
[Note this task refers to the current work in the WHOIS
task force
called 'Recommendation 2', A Procedure for conflicts,
when there are
conflicts between a registrar's of registry's legal
obligations under
local privacy laws and their contractual obligations to
ICANN.]
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