[council] Draft minutes of the GNSO Council meeting in Lisbon on 28 March 2007.

["GNSO.SECRETARIAT@xxxxxxxxxxxxxx" <gnso.secretariat@xxxxxxxxxxxxxx>]

[To: council@xxxxxxxxxxxxxx]

Dear Council Members,

Please find the draft minutes of the GNSO Council meeting in Lisbon on 
28 March 2007.
Please let me know if you would like any changes made.

Thank you.
Kind regards.

Glen
....................................................................
28 March 2007

Proposed agenda and related documents

List of attendees:
Philip Sheppard - Commercial & Business Users C.
Mike Rodenbaugh - Commercial & Business Users C.
Alistair Dixon - Commercial & Business Users C - remote participation
Greg Ruth - ISCPC
Antonio Harris - ISCPC
Tony Holmes - ISCPC - absent - apologies
Thomas Keller- Registrars
Ross Rader - Registrars
Bruce Tonkin - Registrars
Chuck Gomes - gTLD registries
Edmon Chung - gTLD registries
Cary Karp - gTLD registries
Kristina Rosette - Intellectual Property Interests C
Ute Decker - Intellectual Property Interests C
Kiyoshi Tsuru - Intellectual Property Interests C - absent
Robin Gross - NCUC.- absent - apologies
Norbert Klein - NCUC.
Mawaki Chango - NCUC - absent - apologies
Sophia Bekele - Nominating Committee appointee
Jon Bing - Nominating Committee appointee
Avri Doria - Nominating Committee appointee

17 Council Members
(23 Votes - quorum)

ICANN Staff
Dan Halloran - Deputy General Counsel
Denise Michel - Vice President, Policy Development
Olof Nordling - Manager, Policy Development Coordination
Liz Williams - Senior Policy Counselor
Maria Farrell - GNSO Policy Officer
Karen Lentz - gTLD Registry Liaison
Glen de Saint Géry - GNSO Secretariat


GNSO Council Liaisons
Suzanne Sene - GAC Liaison - absent - apologies
Alan Greenberg - ALAC Liaison

Quorum present at 10:00 UTC.

Transcript

Bruce Tonkin chaired this meeting

Approval of the agenda

Item 1: Update any Statements of Interest
No updates

Item 2: Approval of the GNSO Council minutes of 15 March 2007
Chuck Gomes moved the adoption of the GNSO Council minutes of 15 March 2007

Motion approved.

Tom Keller abstained

Approval of the GNSO Council minutes of 15 March 2007

Decision 1: The GNSO Council minutes of 15 March 2007 were adopted.

Item 3: WHOIS PDP

- summarise outcome of meeting with the GAC
- next steps - consider forming an implementation working group to
resolve implementation details of concern to some constituencies around
OPoC

Bruce Tonkin summarised the WHOIS situation.
Registrars were currently contractually required to:
- provide adequate contact information to facilitate timely resolution 
of any problems that arise in connection with the registered name
- take reasonable precautions to protect personal data from loss, 
misuse, unauthorized access or disclosure, alteration or destruction.
Issues arose with the implementation, specified in the Registrars 
contract, of the above requirements. One implementation issue was that 
the data be freely available via the port-43, an IETF standard protocol 
and a second one was that data be available on the worldwide Web based 
query access via a Web site. The present implementation makes it 
difficult to protect personal data.
The WHOIS task force had attempted to improve the effectiveness of WHOIS 
services while taking into account the need to ensure privacy protection 
for the personal data of natural persons.
Contention arose around the purpose of WHOIS, and if there were a change 
in access, how would those who needed to contact people be able to do so 
acceptably.
The WHOIS task force has basically put forward two proposals, the 
Operational point of Contact Proposal and the Special circumstances 
proposal, neither of which has received support from more than three of 
the six GNSO constituencies. The operational point of contact proposal 
has a simple majority of support within the WHOIS task force.
The options open to the Council would be to submit the report to the 
ICANN Board for a decision or to consider forming one or more working 
groups to engage in further study to get stronger support for the 
recommendations presented to the ICANN Board.
There was general agreement to form a single working group for further 
study.
The Council passed the following resolution:
The GNSO Council resolves:

1) To acknowledge the completion of the Whois TF work and note we have 
received and discussed their report, and thank the task force for their work
2) To create a working group of affected stakeholders:

- including GNSO constituency, law enforcement and community
participants,

- whose work is to be completed within 120 days

- that will work to examine the issues raised with respect to the policy 
recommendations of the task force and make recommendations concerning 
how those policies may be improved to address these issues, namely:
a. define the roles, responsibilities, and requirements of the 
operational point of contact, and what happens if they are not
fulfilled.

b. how legitimate interests will access registration data no longer 
published via Whois,
c. whether a distinction should be made between the registration contact 
information published based on the nature of the registered name holder 
(for example, legal vs. natural persons) or its use of the domain name.
The motion carried by 20 votes in favour.

Kristina Rosette, and Avri Doria, voted against the motion.
Ute Decker had already left the meeting at the time of the vote, but 
requested that her vote against the motion be noted.
Decision 3

The GNSO Council resolves:

1) To acknowledge the completion of the Whois TF work and note we have 
received and discussed their report, and thank the task force for their work
2) To create a working group of affected stakeholders:

- including GNSO constituency, law enforcement and community participants,

- whose work is to be completed within 120 days

- that will work to examine the issues raised with respect to the policy 
recommendations of the task force and make recommendations concerning 
how those policies may be improved to address these issues, namely:
a. define the roles, responsibilities, and requirements of the 
operational point of contact, and what happens if they are not fulfilled.
b. how legitimate interests will access registration data no longer 
published via Whois,
c. whether a distinction should be made between the registration contact 
information published based on the nature of the registered name holder 
(for example, legal vs. natural persons) or its use of the domain name.
Item 4. any other business

Alan Greenberg, ALAC liaison to the GNSO Council, drew attention to the 
fact that the ALAC was preparing to ask the ICANN staff to produce an 
issues report on the add-grace period, and invited GNSO constituency 
members to assist.
Bruce Tonkin formally closed the meeting and thanked everyone for their 
participation.
The meeting ended: 12 :20 UTC

Next GNSO Council teleconference will be on 12 April 2007 at 12:00 UTC.
see: Calendar

Summary of Work Items arising from the minutes:

1. Bruce Tonkin, in collaboration with the ICANN staff, to create a 
Statement of work for the WHOIS working group to be approved at the next 
Council meeting on 12 April 2007
--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org