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[council] WHOIS resolution from the Board meeting on 8 Nov 2012

  • To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>
  • Subject: [council] WHOIS resolution from the Board meeting on 8 Nov 2012
  • From: Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Tue, 20 Nov 2012 00:59:07 +0000
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  • Thread-topic: WHOIS resolution from the Board meeting on 8 Nov 2012

Hello All,

The Board resolution from 8 Nov 2012 on WHOIS is now public at:

http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm

I have attached the Board briefing document.  It contains a detailed section on 
staff actions against each of the WHOIS review team recommendations - see page 
8 onwards.

Below is the Board resolution.

Regards,
Bruce Tonkin


8 November 2012
 


WHOIS Policy Review Team Report

Whereas, the WHOIS Policy Review Team Report was submitted to the Board on 11 
May 2012 and was the subject of extensive public comment and community 
discussion;

Whereas, the Review Team's work has encouraged the Board and community to 
re-examine the fundamental purpose and objectives of collecting, maintaining 
and providing access to gTLD registration data, has inspired renewed and new 
efforts to enforce current WHOIS policy and contractual conditions, and has 
served as a catalyst for launching a new approach to long-standing directory 
services challenges;

Resolved (2012.11.08.01), the Board directs the CEO to launch a new effort to 
redefine the purpose of collecting, maintaining and providing access to gTLD 
registration data, and consider safeguards for protecting data, as a foundation 
for new gTLD policy and contractual negotiations, as appropriate (as detailed 
in the 1 November 2012 Board paper entitled, "Action Plan to Address WHOIS 
Policy Review Team Report Recommendations"-ICANN Board Submission Number 
2012-11-08-01 [PDF, 266 KB]), and hereby directs preparation of an Issue Report 
on the purpose of collecting and maintaining gTLD registration data, and on 
solutions to improve accuracy and access to gTLD registration data, as part of 
a Board-initiated GNSO policy development process;

Resolved (2012.11.08.02), the Board directs the CEO to continue to fully 
enforce existing consensus policy and contractual conditions relating to the 
collection, access and accuracy of gTLD registration data (referred to as gTLD 
WHOIS data), and increase efforts to communicate, conduct outreach on, and 
ensure compliance with existing policy and conditions relating to WHOIS (as 
detailed in the 1 November 2012 Summary of the Board Action entitled, "WHOIS 
Policy Review Team Report Recommendations").

Resolved (2012.11.08.03), pursuant to Article III, Section 5.4 of the Bylaws, 
the Board directs that the contents of this resolution and rationale shall not 
be made publicly available until 19 November 2012.


Rationale for Resolutions 2012.11.08.01 - 2012.11.08.02

The Affirmation of Commitments (AoC) between ICANN and the U.S. Department of 
Commerce commits ICANN to enforcing its existing policy relating to WHOIS 
(subject to applicable laws), which "requires that ICANN implement measures to 
maintain timely, unrestricted and public access to accurate and complete WHOIS 
information, including registrant, technical, billing, and administrative 
contact information." The AoC obligates ICANN to organize no less frequently 
than every three years a community review of WHOIS policy and its 
implementation to assess the extent to which WHOIS policy is effective and its 
implementation meets the legitimate needs of law enforcement and promotes 
consumer trust. The AoC further commits ICANN's Board to publish for public 
comment the report submitted by the Review Team, and to take action on the 
report within six months of its submission.

The Team's volunteer members were appointed by ICANN's CEO and the GAC Chair, 
per the AoC requirements, and reflected the broad Internet community's 
interests in WHOIS policy. For 18 months, the Team conducted fact-finding, 
including meetings with ICANN's relevant Supporting Organizations and Advisory 
Committees, members of the broader Internet community, and other interested 
parties, and issued a draft report for public comment before submitting its 
Final Report to the Board on 11 May 2012. The Report was posted for two months 
of public comment and the Board requested input from ICANN's Supporting 
Organizations and Advisory Committees. Community discussion and input on the 
Report continued through the ICANN Toronto meeting in October 2012. 

The GAC and ALAC endorsed the WHOIS review report, SSAC provided a response in 
SAC055 (http://www.icann.org/en/groups/ssac/documents/sac-055-en.pdf), and the 
GNSO provided a response by constituency 
(http://gnso.icann.org/en/correspondence/robinson-to-icann-board-07nov12-en.pdf 
[PDF, 377 KB]).

There is general agreement on the objective of strengthening the enforcement of 
existing consensus policies and contracts and the WHOIS Review Team Report 
provides many relevant recommendations to that effect.

However, both the WHOIS Review Team Report and the SSAC comments highlighted 
the limits of the current framework for gTLD directory services and the need to 
move beyond the present contractual provisions. The WHOIS Review Team for 
instance clearly stated that "the current system is broken and needs to be 
repaired." Likewise, the SSAC report stated that "the foundational problem 
facing all 'WHOIS' discussions is understanding the purpose of domain name 
registration data", that "there is a critical need for a policy defining the 
purpose of collecting and maintaining registration data" and suggested that 
"the formation of a properly authorized committee to drive solutions to these 
questions first, and to then derive a universal policy from the answers, is the 
appropriate sequence of steps to address the WHOIS Review Team's report ."

Indeed, the WHOIS protocol is over 25 years old (the current version is 
documented in RFC3912 dated September 2004, and the original version is 
documented in RFC812 dated March 1982). Furthermore, ICANN's requirements for 
domain name registration data collection, access and accuracy for gTLD 
registries and registrars are largely unchanged after more than 12 years of 
GNSO task forces, working groups, workshops, surveys and studies. Concerns of 
access, accuracy, privacy, obsolescence of protocols in an evolving name space, 
and costs to change remain unresolved.

In this context, taking into account these inputs and community concerns, the 
Board has determined that a broad and responsive action is required and has 
decided to implement a two-pronged approach. Accordingly, the Board is 
simultaneously:

1.Directing the President and CEO to continue to fully enforce existing 
consensus policy and contractual conditions as well as to increase efforts to 
communicate, conduct outreach on, and ensure compliance with such existing 
policy and conditions.

2.Directing the President and CEO to launch a new effort focused on the purpose 
and provision of gTLD directory services, to serve as the foundation of an 
upcoming Board-initiated gNSO PDP. The outcomes of this work should act as 
guidance to the Issue Report that will be presented as part of the GNSO's 
policy development work; as a result, the Issues Report is not expected to be 
produced until such time as the President and CEO determines that his work has 
progressed to a point that it can serve as a basis of work within the PDP.

On both aspects, additional information is contained in the document, "Action 
Plan to Address WHOIS Policy Review Team Report Recommendations"-ICANN Board 
Submission Number 2012-11-08-01" 
(http://www.icann.org/en/groups/board/documents/briefing-materials-1-08nov12-en.pdf
 [PDF, 266 KB]).

As part of the work of the President and CEO to ensure continued compliance 
with existing policy and conditions, the President and CEO has moved the 
Compliance Department to report directly to the President and CEO 
(http://www.icann.org/en/news/announcements/announcement-14sep12-en.htm), and 
the Board granted financial authorization to establish a Contractual Compliance 
Audit Program through an independent Service Provider 
(http://www.icann.org/en/groups/board/documents/resolutions-03oct12-en.htm#1.d)

Furthermore, appropriate liaison will be established with the ongoing work 
undertaken in the IETF WG on the Web Extensible Internet Registration Data 
Service (WEIRDS) Protocol to ensure coherence.

The Board strongly feels that taking this two-pronged approach is essential to 
fulfill ICANN's responsibility to act in the global public interest.

The initiation of a focused work on Whois is expected to have an impact on 
financial resources as the research and work progresses. If the resource needs 
are greater than the amounts currently budgeted to perform work on 
Whois-related issues, the President and CEO will bring any additional resource 
needs to the Board Finance Committee for consideration, in line with existing 
contingency fund request practices.

This action is not expected to have an immediate impact on the security, 
stability or resiliency of the DNS, though the outcomes of this work may result 
in positive impacts.

This is an Organizational Administrative Function of the Board for which the 
Board received public comment, at 
http://www.icann.org/en/news/public-comment/whois-rt-final-report-11may12-en.htm.

Attachment: briefing-materials-1-08nov12-en.pdf
Description: briefing-materials-1-08nov12-en.pdf



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