[council] Proposed Motion concerning Council communication to ICANN BoD regarding lack of Whois consensus
In the event that there is not a majority vote of Council in favor of the resolution put forward by Avri pursuant to the requirements of the policy development process and therefore resulting in no policy recommendation to the ICANN Board, I would like to table the following resolution. Should Avri's motion pass with the majority support of Council, I will withdraw this motion at the appropriate time and it will not require the consideration of the Council. In other words, this is a conditional motion that will require a second, but may be withdrawn if it is established that there is actually some level of agreement concerning the recommendations of the Task Force. I would also note that the effect of this motion will be to require council to make a communication to the board of directors on the subject matter at hand. Communications from the Council to the Board are considered advisory and non-binding in nature, but may be considered as guidance concerning specific matters such as this. Text of Motion: --- Whereas;(i) The GNSO Council has considered the reports of the Whois Working Group and Whois Task Force, and; (ii) That the GNSO Council vote on resolution [XXXXX] failed to produce supermajority or majority support for the recommendations of the report of the Task Force, and; (iii) The GNSO Council considers that the results of this vote signifies the continued lack of consensus on the key issues and possible solutions to those issues, both within the Council, the GNSO and between key stakeholder groups, and; (iv) The GNSO Council recognizes that there is no standing consensus policy concerning the management of the Whois service and data provided to the public through that service by ICANN's contracted commercial operators, the registries and registrars. save and except the Whois Data Reminder Policy and the Whois Marketing Restriction Policy, and; (v) That significant policy must have the support of the Internet and DNS community and without that support, those policies cannot be reasonably implemented or enforced. Therefore be it resolved;(i) That, with regret, the GNSO Council advises the ICANN staff and Board of Directors of the lack of general consensus on the key issues and solutions pertaining to gTLD Whois, and; (ii) That due to this lack of consensus the GNSO Council recommends that the Board consider "sunsetting" the existing current contractual requirements concerning Whois for registries, registrars and registrants that are not supported by consensus policy by removing these unsupported provisions from the current operating agreements between ICANN and its contracted parties, and; (iii) That these provisions be sunset no later than the end of the 2008 ICANN Annual General Meeting and; (iv) That such provisions will remain sunset until such time that consensus policy in this area has been developed to replace the sunset provisions, at which point they will be eliminated or modified. -- Regards, Ross Rader Director, Retail Services Tucows Inc. http://www.domaindirect.com t. 416.538.5492
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