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[ispcp] WG: Friendly Amendment on WhoIs Motion

  • To: <ispcp@xxxxxxxxx>, <rickert@xxxxxxxxxxx>
  • Subject: [ispcp] WG: Friendly Amendment on WhoIs Motion
  • From: <KnobenW@xxxxxxxxxx>
  • Date: Thu, 31 Mar 2011 20:29:41 +0200
  • List-id: ispcp@xxxxxxxxxxxxxx
  • Sender: owner-ispcp@xxxxxxxxxxxxxx
  • Thread-index: Acvv0H3fa90GWNo9Rp2BLSwsW+q/AAAAFNvQ
  • Thread-topic: Friendly Amendment on WhoIs Motion

The attached motion is a compromise which was worked out between the CSG
and the registries. John Berard, CSG, drafted the original motion which
was rejected by the CPH. The CSG seems to be satisfied with the
compromise and is asking for ISPCP opinion.
 
So I'm asking whwthwer there is any objection to adopt this motion.
 

Kind regards
Wolf-Ulrich 

	 
	 
	----- Original Message ----- 
	From: john@xxxxxxxxxxxxxxxxxxx 
	To: Wolf-Ulrich.Knoben@xxxxxxxxxxx ; jaime@xxxxxxxxxxxxxxxx 
	Sent: Thursday, March 31, 2011 5:01 PM
	Subject: Friendly Amendment on WhoIs Motion

	
	Wolf, Jaime:

	I wonder if we might chat about your (and the ISPs) view of the
WhoIs motion as amended?

	I think you are agreed that there is a need for data on which to
base better decisions.  I wanted to confirm that and get your take on
the modest changes that have resulted from consultations between the BC
and the Registries.

	Let me know.

	Berard

		-------- Original Message --------
		Subject: [council] FW: Recommendations regarding Whois
studies
		From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>;
		Date: Wed, March 30, 2011 8:57 pm
		To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>
		Cc: Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>, "Gomes,
Chuck"
		<cgomes@xxxxxxxxxxxx>, Kathy Kleiman <kKleiman@xxxxxxx>
		
		
		All,
		As discussed during the San Francisco Council meeting,
members of the RySG met with Liz Gassner and Steve Delbianco  to work on
the issues that the RySG had with both the current WHOIS resolution
motion put on the table by John Berard and the descriptions put out by
ICANN staff on the actual WHOIS studies.  We are happy to report that we
are able to provide the following revised motion on the WHOIS studies
which, with these changes, we are now able to support.  We are proposing
that these changes be accepted as a friendly amendment.  I have copied a
redline of the motion in this e-mail with strikethroughs representing
deletions and red italic text for additions.  
		
		The attached document discusses the rationale for the
changes and provides the changes that we would like to see made to the
description of the Whois Privacy and Proxy "Abuse" study.  These changes
were discussed with Liz and Steve Delbianco as well.  
		
		We truly hope that this demonstrates our commitment to
making progress on these issues and that you find these changes
acceptable.
		Best regards,
		Jeff Neuman
		+++++++++++++++++++++++++++++++++++++++++++++++++++++++ 
		Motion made by John Berard & seconded by Debbie Hughes
(With Friendly Amendment Proposed by the RySG)
		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/).
		Before defining study details, 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/) 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
-25feb08.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).
		The WHOIS Study WG did not reach consensus regarding
further studies, and on 25-Jun-2008 the GNSO Council resolved to form a
new WHOIS Hypotheses working group to prepare a list of hypotheses from
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). The
WG reported to the Council on 26-Aug-2008. (
https://st.icann.org/Whois-hypoth-wg/index.cgi?Whois_hypotheses_wg#Whois
_study_hypotheses_wg_final_report).
		On 5-Nov-2008, the Council convened a group of
Councilors and 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 including those from
the GAC (
http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The
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, 
http://gnso.icann.org/resolutions/#200903).
		On 23-Mar-2010, Staff presented a report on the
feasibility and cost estimates for the Whois "Misuse" and Whois
"Registrant Identification" Studies, finding that each study would cost
approximately $150,000 and take approximately one year to complete. (
http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10
-en.pdf). The Whois Registrant Identification study would gather info
about how business/commercial domain registrants are identified, and
correlate such identification with the use of proxy/privacy services.
		The ICANN Board approved in Brussels a FY2011 budget
that includes at least $400,000 for WHOIS studies (see 
http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#8).
		On 8-September-2010 the GNSO Council approved a
resolution requesting staff to proceed with the Whois "Misuse" Study,
which would explore the extent to which publicly displayed WHOIS data is
misused, http://gnso.icann.org/resolutions/#201009.
		On 5-October-2010, staff provided feasibility and cost
analysis for a Whois Privacy and Proxy "Abuse" study, 
http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05
oct10-en.pdf. This study would compare broad sample of domains
registered with a proxy or privacy service provider that are associated
with alleged harmful acts with overall frequency of proxy and privacy
registrations. This study was estimated to cost $150,000 and take less
than a year to complete.
		On 11-February-2011, staff provided a feasibility and
cost analysis for a Whois Proxy and Privacy "Relay and Reveal" study, 
http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-
11feb11-en.pdf, which would analyze relay and reveal requests sent for
Privacy and Proxy-registered domains to explore and document how they
are processed. The staff analysis concluded that it was premature to
conduct a full study, and recommended that a pre-study "survey" be
conducted first, to determine if launching a full study is feasible to
do.
		Resolved:
		Council requests ICANN staff to proceed with the WHOIS
Registrant Identification 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).
		Council defers consideration of the WHOIS Registrant
Identification Study until the 28 April 2011 meeting and requests that
any applicable motions in that regard be submitted not later than 20
April 2011.
		Further resolved, that the Council requests ICANN staff
amend the study to include the RySG proposed changes (insert link) and
to proceed with the Whois Privacy and Proxy "Abuse" study, as described
in staff's 5-October-2010 report and as amended, using the vendor
selection process described in that same report, 
http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05
oct10-en.pdf.
		Further resolved, that the Council requests ICANN staff
to proceed with the Whois Privacy and Proxy "Relay and Reveal" pre-study
survey, as proposed in staff's 11-February-2011 report, 
http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-
11feb11-en.pdf.
		Further resolved, that the Council request that the
Board authorize additional funding for FY 2012 for Whois studies, to
make up the any shortfall of $130,000 between the amount of "at least
$400,000" that was allocated for Whois studies in FY 2011 (and remains
unspent), and the total amount needed to conduct the Whois Misuse Study
($150,000); the Whois Registrant Identification Study ($150,000) if
subsequently approved; the Proxy/Privacy "Abuse" Study ($150,000); and
the Proxy and Privacy "Pre-study" ($80,000), total of $530,000.
		Further resolved, in recognition that there is a
substantial amount of coordination needed to direct this research, that
staff be given the discretion to manage the studies serially or in
parallel, with a goal of expediting completion of the studies as
efficiently as possible.
		
		
		
		
		
		Jeffrey J. Neuman 
		Neustar, Inc. / Vice President, Law & Policy
		21575 Ridgetop Circle, Sterling, VA 20166
		Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax:
+1.703.738.7965 / jeff.neuman@xxxxxxxxxxx
<mailto:jeff.neuman@xxxxxxxxxxx>   / www.neustar.biz
<http://www.neustar.biz/>  
		Please note new address starting March 21, 2011:  21575
Ridgetop Circle, Sterling VA 20166     

Attachment: Whois Study Recommendations to the RySG 29 March 2011.docx
Description: Whois Study Recommendations to the RySG 29 March 2011.docx



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