[council] Two motions for consideration in the conference call on 20 July 2006

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

Hello All,

Below are the two separate motions that I propose to replace the motion
on the topic of WHOIS that was discussed at the GNSO Council meeting in
Marrakech.  They are again slightly updated taking into account comments
received since yesterday.

Regards,
Bruce Tonkin


Motion One on the WHOIS service
===============================


"The GNSO Council notes that the WHOIS definition approved by the GNSO
Council on 18 April 06, as a working definition to allow the WHOIS task
force to proceed with its work, is related to the service that provides
public access to some of the data collected by registrars.   It is not a
definition of the purpose of the data collected by the registrars in the
course of registering a domain name for their customers.

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 may
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 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.

(4)  The GNSO Council will take the Final Report (as specified in clause
9(c) of the GNSO PDP process) from the WHOIS task force after the task
force finishes its work on all the terms of reference, engage in further
dialogue with the Advisory Committees (including the GAC, SSAC and
ALAC), and consider improving the wording of the WHOIS service
definition so that it is broadly understandable.

Note that the WHOIS Task force will produce a Task Force Report (as
specified in clause 7(e) of the GNSO PDP process) later in 2006 that
addresses all terms of reference. This report will be subject to a
further public comment process, and the output of this public comment
will be incorporated into the Final Report.

Note that the previous clause (3) in the motion posted on 13 July 2006
that related to the purposes for collecting data is now the subject of a
separate motion (see below)."



Motion 2 relating to the data that is collected by registrars
==============================================================

"The GNSO Council notes that, consistent with generally accepted privacy
principles, Registrars are required under clause 3.7.7.4 of the
Registrar Accreditation Agreement to provide notice to each new or
renewed Registered Name Holder stating:

(i) The purposes for which any Personal Data collected from the
applicant are intended;

(ii) The intended recipients or categories of recipients of the data
(including the Registry Operator and others who will receive the data
from Registry Operator);

(iii) Which data are obligatory and which data, if any, are voluntary;
and

(iv) How the Registered Name Holder or data subject can access and, if
necessary, rectify the data held about them.

To further understand the range of purposes for which data is intended,
the GNSO proposes the following steps:

(1) The ICANN staff will review a representative sample of registrar
agreements with Registered Name Holders, taking into account the issues
of geographical diversity and rule of law variances, to identify some of
the purposes for which registrars collect Personal Data in the course of
registering a domain name for their customers.

(2) The ICANN staff will review a representative sample of cctld
registry or cctld registrar agreements with registrants, taking into
account the issues of geographical diversity and rule of law variances,
to identify some of the purposes for which these organisations collect
Personal Data from registrants.

(3) The ICANN staff will summarise the current material that has
resulted from WHOIS discussions since 2002 that document the current
uses and abuses of the Personal Data that is currently made public
through the WHOIS service.

(4) Supported by the material produced in steps (1), (2) and (3) above,
the Council will undertake a dialogue with the ICANN Advisory
Committee's, such as the GAC, SSAC and ALAC, regarding the purposes for
collecting Personal Data, and discuss whether any policy development is
required in this area consistent with ICANN's mission and core values.

The dialogue should seek to examine and understand consumer protection,
privacy/data protection and law enforcement perspectives."