[council] Regarding item 2 of the agenda on the WHOIS recommendation

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

With respect to item 2 of the agenda, we will be operating with respect
to section 10, of Annex A, of the ICANN bylaws - with respect to the
Policy Development Process.

http://www.icann.org/general/bylaws.htm#AnnexA

Section 10 states:
" 10. Council Deliberation

a. Upon receipt of a Final Report, whether as the result of a task force
or otherwise, the Council chair will(i) distribute the Final Report to
all Council members; 
and (ii) call for a Council meeting within ten (10) calendar days
thereafter. 
The Council may commence its deliberation on the issue prior to the
formal meeting, including via in-person meetings, conference calls,
e-mail discussions or any other means the Council may choose. The
deliberation process shall culminate in a formal Council meeting either
in person or via teleconference, wherein the Council will work towards
achieving a Supermajority Vote to present to the Board."

I intend to determine if we can reach a Supermajority vote based on the
recommendation:


"1.     Registrars must ensure that disclosures regarding availability
and third-party access to personal data associated with domain names
actually be presented to registrants during the registration process.
Linking to an external web page is not sufficient. 

2.      Registrars must ensure that these disclosures are set aside from
other provisions of the registration agreement if they are presented to
registrants together with that agreement.  Alternatively, registrars may
present data access disclosures separate from the registration
agreement.  The wording of the notice provided by registrars should, to
the extent feasible, be uniform. 
3.      Registrars must obtain a separate acknowledgement from
registrants  that they have read and understand these disclosures.  This
provision does not affect registrars' existing obligations to obtain
registrant consent to the use of their contact information in the WHOIS
system. "


If the Council can reach a SuperMajority vote on a recommendation, the
Council may decide to create an implementation committee to flesh out
some of the implementation details before providing the final Board
report to the Board,, and ultimately to assist the staff in creating the
formal consensus policy.

If the Council cannot reach a SuperMajority position, then the Council
members that vote against the recommendations need to provide written
reasons within 5 days for voting against the recommendation for
inclusion in the Board report.

Regards,
Bruce Tonkin