[council] Proposed WHOIS motion for 20 July 2006

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

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.