Re: [council] Proposed simplified WHOIS motion for 20 July 2006
I'm not sure that Bruce's interpretation, or Council's interpretation really has much bearing on the policy issues. The question is whether or not specific uses of whois will be permitted by the relevant policy. Under current policy, a number of uses are permitted, and others (such as marketing) are not. I don't believe that we can adequately answer this question with any degree of certainty until such time that we have draft policy on the books to test these various use cases against. I think we need to refocus slightly on the development of this policy and away from this statement of purpose. If it turns out that the statement of purpose does not adequately support the new policy required by the community, we can easily revisit and refine the purpose. From my distant view over the last month, the attempt to understand the implications of the purpose of whois net of any substantive policy recommendations does not seem to have been a productive exercise. I may be wrong with this assessment, but I'm hard-pressed to find any serious progress on this particular point going as far back as Wellington - which might be indicative that we might possibly be trying to answer the wrong questions. Marilyn Cade wrote: Thanks, Mawaki.Sorry, didn't mean to be confusing. I appreciate your asking.Here's my understanding of the situation regarding the 'interpretation' via PowerPoint. There was a PowerPoint created by Bruce, in an effort to help to inform the discussion with the GAC/Council, that further explained some key points and also provided an interpretation that all the 'functions'presently supported by the uses of WHOIS are possible under Formulation 1.The Council earlier voted to support Formulation 1, which I take to be a toonarrow formulation, and I voted against that Formulation.Given the vote of Council, the TF was given back Formulation 1. Since that time, there has been discussion, and debate about what Formulation 1 means,and what Formulation 2 means.Bruce, acting as chair, has attempted to provide guidance and improve the understanding of the Council on what was meant -- e.g. the interpretation of what Formulation 1. He provided a PowerPoint to the joint Council and GAC meeting that essentially says that under Formulation 1, that the functions that my constituency (BC) believe are necessary, are supportable underFormulation 1. That to me is a 'interpretation' of Formulation 1.My question is : Is Bruce's interpretation, now in the said PowerPoint theagreed position of the Council?You can imagine that given my Constituency's interests, views, and needs, that we want and support a broader interpretation. However, I respect that it is important to have agreement with other Councilors and achieve as muchagreement on what is meant and supporter, or not, as possible.For example, members of the GAC saw the PowerPoint and may view the interpretation, since it had the chair's name and title on it, as Council perspective. Again, I am in support of a broader interpretation. However, respecting that others are not/may not be, I seek to avoid disappointment and disharmony bymisunderstandings."we" may be in disagreement -- but it is best if "we" know what we disagree about, and agree about. :-) Bruce's invitation to those to who supported Formulation 1 may be one way to allow people to be clearer about whether they supported the broaderinterpretation.What is clear to me is that we have more work to do at Council, and after reading the second motion that Bruce has drafted, with staff input/Assistant GC input, I am inclined to think that does a good job of capturing the work needed, including the consultation and interaction needed with all theAdvisory Committees.I still think we need to address and recognize the need also to interactwith the other SOs on this topic.-----Original Message----- From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Mawaki Chango Sent: Wednesday, July 19, 2006 11:16 AM To: Council GNSO Subject: RE: [council] Proposed simplified WHOIS motion for 20 July 2006 Marilyn, thanks God you are fine; I would appreciate if you could answer my question to you below. With anticipation, thanks. Mawaki --- Mawaki Chango <ki_chango@xxxxxxxxx> wrote:Marilyn, what do you mean by this: "On the discussion of the interpretation of Formulation 1, I am not convinced that the Council has discussed and accepted the broader definition." Is it that Bruce's (so far tentative) interpretation you're calling "broader definition," or do you mean the Council have to discuss again before accepting the result of the vote (which was not for the broader definition; but on the other hand you can't be talking about accepting the rejected formulation, so I'm confused)? Please clarify. Mawaki --- Marilyn Cade <marilynscade@xxxxxxxxxxx> wrote:Bruce, Thanks for another round at simplifying the motion. However, this version loses the important commitment to engage in dialogue withtheGAC and SSAC. I prefer to have the motion include the reference to theworkof the GAC and the Council on examining and discussing the purpose and uses of WHOIS. So,I'd prefer to see that segment put back into the motion.The motion below asks some of the Councilors to state what they think the formulation 1 means and why they supported it. I am not inclined to opposethat segment of the motion, but ask, for clarification:Whatdo we intend, as Council, to do with this new information from Councilors? How will it be used? Is it additional information to inform Council's discussions, or is it to assist the TF in improving clarity of where theCouncilorsviews are?On a broader note, the interpretation of Formulation 1 that you presented to the joint GAC/Council meeting on Monday that I saw in the PowerPoint later, appears to address some of the concerns of the BC, ifindeed,Formulation 1 is inclusive of the needs that we see for public access tothedata to support the concerns and needs of ISPs, business users, trademark interests,consumer protection and law enforcement.Since it was presented to the GAC, and is a part of the documentation of that joint meeting, I'd like to clarify, within Council,whatits status, if any, is. And to establish if we have broad Councilacceptanceof that interpretation. I think that is important to assist both Council and the TF.To recap:On the revised motion, I prefer to see the reference to the joint GAC/Council work included. On the discussion of the interpretation of Formulation 1, Iamnot convinced that the Council has discussed and accepted the broader definition. I thinkwe need to know where we are. Regards, -- -ross rader general manager, domain direct/netidentity/nameplanet Have you checked out the NetIdentity/Nameplanet Weblog? http://netidentity.weblog.info
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