[dow1tf] Whois task force 1 Draft Minutes/notes January 20, 2004

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

[To: dowtf1[at]gnso.icann.org]

Attached please find the draft minutes for the task force 1 teleconference
held on January 20, 2004.
Please let me kniow what changes you would like made.
Thank you,

Glen de Saint Géry
GNSO Secretariat

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<p align="center"><font face="Arial, Helvetica, sans-serif"><b>WHOIS Task Force 
  1 Teleconference January 20, 2004 - Minutes</b></font></p>
<p><b><font face="Arial, Helvetica, sans-serif">ATTENDEES:<br>
  </font></b></p>
<p><b><font face="Arial, Helvetica, sans-serif">GNSO Constituency representatives:<br>
  </font></b><font face="Arial, Helvetica, sans-serif">gTLD Registries constituency: 
  - Jeff</font><b><font face="Arial, Helvetica, sans-serif"> </font></b><font face="Arial, Helvetica, sans-serif">Neuman</font><b><font face="Arial, Helvetica, sans-serif"> 
  - </font></b><font face="Arial, Helvetica, sans-serif">Chair</font><b><font face="Arial, Helvetica, sans-serif"><br>
  </font></b><font face="Arial, Helvetica, sans-serif">gTLD Registries constituency 
  </font><b><font face="Arial, Helvetica, sans-serif">- </font></b><font face="Arial, Helvetica, sans-serif">David 
  Maher</font><b><font face="Arial, Helvetica, sans-serif"> </font></b><font face="Arial, Helvetica, sans-serif">(alternate)</font><b><font face="Arial, Helvetica, sans-serif"><br>
  </font></b><font face="Arial, Helvetica, sans-serif">Commercial and Business 
  Users constituency - David Fares <br>
  Intellectual Property Interests Constituency - John Wolfe</font><b><font face="Arial, Helvetica, sans-serif"><br>
  </font></b><font face="Arial, Helvetica, sans-serif">Internet Service and Connectivity 
  Providers constituency: - Antonio Harris</font><font face="Arial, Helvetica, sans-serif"><br>
  Registrars Constituency - Paul Stahura <br>
  <br>
  <b>Liaisons:</b><br>
  At-Large Advisory Committee (ALAC) liaisons - Thomas Roessler<br>
  <b>ICANN Staff Manager</b>: Barbara Roseman</font> <font face="Arial, Helvetica, sans-serif"> 
  <br>
  <b>GNSO Secretariat:</b> Glen de Saint G&eacute;ry <br>
  <br>
  <b>Absent:<br>
  </b>Non Commercial Users Constituency - Milton Mueller<br>
  <b> </b>Intellectual Property Interests Constituency - Jeremy Banks</font><font face="Arial, Helvetica, sans-serif"><br>
  Commercial and Business Users constituency - Marilyn Cade (alternate)</font><br>
  <br>
  <font face="Arial, Helvetica, sans-serif"><br>
  <b>Jeff Neuman</b> suggested that the final list of non marketing users of Whois 
  data, with contact persons mentioned where possible, should be finalized on 
  the mailing list so that the letter could be sent out.<br>
  <br>
  <b>Jeff Neuman</b> referred to the <a href="http://gnso.icann.org/mailing-lists/archives/dow1tf/msg00055.html";>survey</a> 
  letter to be sent out to non marketing users of Whois data. The substance of 
  the letter had been drafted on the January 13, call. </font></p>
<p><font face="Arial, Helvetica, sans-serif">From: ICANN Whois Taskforce 1 <br>
  Re: Your need for Whois information <br>
  To: [contact] <br>
  <br>
  Dear [contact] <br>
  <br>
  This letter comes to you on behalf of the Generic Names Supporting Organization 
  ("GNSO") of the Internet Corporation for Assigned Names and Numbers ("ICANN"). 
  ICANN is an internationally organized, non-profit corporation that has responsibility 
  for Internet Protocol address space allocation, protocol identifier assignment, 
  generic and country code Top-Level Domain name system management, and root server 
  system management functions. The GNSO's role is to help to promote the development 
  of Internet policy and encourage diverse and international participation in 
  the technical management of the Internet.<br>
  <br>
  We are members of a Task Force that has been appointed by the GNSO to examine 
  the uses of Whois information obtained through two very specific sources. Under 
  contractual agreements with ICANN, top-level domain registries and registrars 
  are required to provide access to Whois data through "Port 43" as well as through 
  the Web. The Internet has hundreds of "ports" which generally refers to locations 
  through which an individual or organization is able to receive information. 
  "Port 43" is the location that has been reserved for the distribution and receipt 
  of contact information about the owner, administrative and technical contacts 
  of a particular domain name. <br>
  <br>
  To help the task force develop policy recommendations about access to Whois 
  data, we are gathering information from organizations such as yours that we 
  understand are using or have used Whois information for various purposes. <br>
  <br>
  Because your business or activities could be affected by our recommendations, 
  we encourage you to take a few moments to answer the questions below. Your input 
  will be greatly appreciated. Your submissions will not be shared beyond the 
  members of this task force. <br>
  <br>
  Please note that all questions pertain only to whois information which is the 
  name, email, street address, phone and other information about the registrant, 
  and the other contacts, of the domain name), and not to zone file information 
  which is the list of all domain names (with each name's name servers) registered 
  at the registry. <br>
  <br>
  In addition, for each question except for the last one, please feel free to 
  select more than one answer to each question, if more than one answer is applicable. 
  <br>
  1) How do you obtain the Whois information? <br>
  a. By using special tools like port-43 <br>
  b. By submitting queries to a Web-based interface<br>
  </font><font face="Arial, Helvetica, sans-serif">c. By entering into bulk access 
  licenses with ICANN- accredited registrars. <br>
  d. By obtaining WHOIS data in bulk from an entity that is not an ICANN-Accredited 
  Registrar. Please specify the type of entity. _______________________________________ 
  <br>
  e. Other (Please explain) f. I don't know. <br>
  <br>
  2) Are you getting this information directly from an ICANN-Accredited Registrar 
  or gTLD Registry? <br>
  a. Yes <br>
  b. No. <br>
  c. I don't know <br>
  <br>
  3) Do you routinely disseminate the obtained Whois information to third parties 
  (Yes/No/don't know)? <br>
  <br>
  3.1) If so, do you disseminate: <br>
  a. individual WHOIS records <br>
  b. WHOIS records in bulk <br>
  c. Other (please explain) <br>
  d. Don't know <br>
  <br>
  3.2) If you answered yes to Number 3, how do you disseminate the obtained Whois 
  information? <br>
  a) I operate a WHOIS proxy that is available through port 43 </font></p>
<p><font face="Arial, Helvetica, sans-serif">b) I operate a WHOIS proxy that is 
  accessible through a web interface <br>
  c) Other (please specify) <br>
  d) Don't know <br>
  <br>
  4) Approximately how many Whois queries/lookups do you perform on average per 
  day? <br>
  a. Less than 10 <br>
  b. 10-99 <br>
  c. 100-1000 <br>
  d. More than 1000<br>
  </font><font face="Arial, Helvetica, sans-serif">e. It varies too much to select 
  the other options: some days it is many (say, over 1000) and some days none 
  <br>
  f. I don't know <br>
  <br>
  5) Do you store the Whois information? <br>
  a. Not at all <br>
  b. I cache queries for a short period (less than a week) <br>
  c. I store it for longer periods such as more than a week <br>
  <br>
  6) Please indicate the general purposes of your use of Whois data (you may select 
  more than one item - choose as many that apply) <br>
  <br>
  a. For law enforcement by public authorities <br>
  b. For intellectual property enforcement by trademark/copyright holders or their 
  designated representatives <br>
  c. For development of commercial products or services that facilitate law enforcement 
  by public authorities. <br>
  d. For development of commercial products or services that facilitate intellectual 
  property enforcement <br>
  e. For marketing purposes<br>
  f. For inter-registrar domain name transfers <br>
  g. To facilitate spam prevention <br>
  h. To operate a public information service <br>
  i. Statistical research on domain name registrations, Internet users, etc.<br>
  j. For resale of Whois information as an information service<br>
  k. Other: ___________________________________ <br>
  <br>
  7) In your own words, please provide a brief explanation of how you obtain and 
  use Whois data. <br>
  <br>
  8) If you currently use Port 43 to access WHOIS information, and such access 
  were not available in the future, would you be able to use any other source 
  for such data?<br>
  a) If so, please explain the source? <br>
  b) If so, what do you believe will be the effect on you or your organization 
  of using such alternate source? <br>
  <br>
  <br>
  9) What is the most important factor (justifying/explaining) your access to 
  WHOIS data. (Although each answer may be applicable to you or your organization, 
  please select only the most relevant answer below): <br>
  a) the cost <br>
  b) the convenience or need for immediate online access to contact information 
  <br>
  c) no other way to get the needed data <br>
  <br>
  Please explain your answer. <br>
  <br>
  Thank you very much for your time and participation. <br>
  <br>
  For our complete description of work, please see http://gnso.icann.org/issues/whois-privacy/tor.shtml.<br>
  <br>
  Regards, Jeffrey J. Neuman <br>
  ICANN Whois Taskforce 1 Chair <br>
  <br>
  Jeff Neuman referred to Milton Mueller's comment that an introduction was unnecessary 
  and public education on ICANN was inappropriate.<br>
  Generally it was felt that the specific introduction was educative and informative.<br>
  <br>
  It was suggested that the </font><font face="Arial, Helvetica, sans-serif"> 
  4th paragraph be moved up to the beginning making relevant to the first answer 
  but not identify them. </font></p>
<p><font face="Arial, Helvetica, sans-serif">Take out port 43 explanation <br>
  The Internet has hundreds of "ports" which generally refers to locations through 
  which an individual or organization is able to receive information. "Port 43" 
  is the location that has been reserved for the distribution and receipt of contact 
  information about the owner, administrative and technical contacts of a particular 
  domain name. <br>
  and put it in language from Thomas as an explanation for question 1:<br>
  </font><font face="Arial, Helvetica, sans-serif">Registrars and registries make 
  WHOIS information available through multiple query-based mechanisms, including 
  web-based interfaces and a special network protocol informally referred to as 
  "port-43 WHOIS." How do you obtain WHOIS Information? a) By submitting queries 
  to a web-based interface. b) Using special tools, e.g., using port-43 WHOIS. 
  c) ... <br>
  <br>
  Tony Harris referred to &quot;Because your business or activities could be affected 
  by our recommendations,&quot; as being strong language and proposed:&quot;Whois 
  data accessibility used in your business or activities....&quot; suggesting 
  that it is the access to the Whois data that could be affected by the recommendations 
  rather than the business or activities which would be a consequence.<br>
  <br>
  Question 1, a and b should be switched<br>
  Replace a) By using special tools like port-43<br>
  with the suggested language:<br>
  a) by submitting queries to a port 43 based interface<br>
  <br>
  Question 2. It was suggested providing a link from the ICANN website to the 
  Accredited registrars and gTLD Registries.<br>
  Question 3.1) If so, do you disseminate: should read<br>
  3.1) If yes, do you disseminate: <br>
  <br>
  Question 7. Suggested wording,</font></p>
<p><font face="Arial, Helvetica, sans-serif">If applicable, please provide a brief 
  explanation of your use, if any, of query based Whois services</font></p>
<p><font face="Arial, Helvetica, sans-serif"> Question 8 If you currently use 
  Port 43 to access WHOIS information, and such access were not available in the 
  future, would you be able to use any other source for such data?</font></p>
<p><font face="Arial, Helvetica, sans-serif">replace:<br>
  a) If so, please explain the source? <br>
  b) If so, what do you believe will be the effect on you or your organization 
  of using such alternate source? </font></p>
<p><font face="Arial, Helvetica, sans-serif">with:</font></p>
<p><font face="Arial, Helvetica, sans-serif">If not, why?<br>
  <br>
  Question 9: What is the most important factor (justifying/explaining) your access 
  to WHOIS data. (Although each answer may be applicable to you or your organization, 
  please select only the most relevant answer below): <br>
  a) the cost <br>
  b) the convenience or need for immediate online access to contact information 
  <br>
  c) no other way to get the needed data <br>
  <br>
  &quot;Justifying/explaining&quot; were the controversial words where a rewording 
  replacement was suggested :<br>
  What is the most important factor driving your access to WHOIS data as you currently 
  use it.<br>
  <br>
  Jeff Neuman volunteered to circulate a revised draft of the questionnaire.<br>
  Jeff Neuman and Barbara Roseman would decide the best way to distribute the 
  letter and questionnaire.<br>
  <br>
  <b>Timelines </b><br>
  <b>Jeff Neuman</b> referred to the <a href="http://gnso.icann.org/mailing-lists/archives/dow1tf/msg00053.html";>revised 
  timelines</a> after the discussion with the GNSO Chair<br>
  <br>
  Send out Questionnaire by end of week 22/23 January<br>
  <b>Jeff Neuman </b>to send out final non marketing contact list<br>
  Formal request:soliciting constituency policy statements <br>
  Suggested wording:</font></p>
<p><font face="Arial, Helvetica, sans-serif">Here are the terms of reference for 
  the task force. Please let know your policy positions on these questions and 
  also here is the survey that we are sending out to target firms and if you have 
  anybody else in mind to send it to please do so and let us know who it is.<br>
  <br>
  <b>February 9 Responses to questionnaire should be returned</b><br>
  <b>February 16 Constituency policy statements</b><br>
  <br>
  <b>Thomas Roessler </b>questioned constituency statements before the fact finding 
  data was returned.<br>
  <b>Jeff Neuman</b> clarified that constituency statements would be policy statements 
  based on issues in the terms of reference.<br>
  <b>Barbara Roseman </b>explained that the situation was different for the current 
  policy development processes which did not take into account data gathering. 
  It was suggested that the constituency statement call be sent out at this stage 
  and include a clarification </font><font face="Arial, Helvetica, sans-serif">that 
  there would be additional time for public comment further in the process after 
  the new data collection was presented. The constituency statements were needed 
  to form the report for presentation to the public. Each task force would ask 
  for a separate constituency statement.<br>
  <br>
  <b>Paul Stahura </b>suggested that the constituency statements have a general 
  section that could cover all three task forces as well as a separate area for 
  comments on each task force's specific terms of reference.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><br>
  <b>February 25 Interim report:</b> comprising the factual findings from the 
  survey results as a base of discussion at the Whois Rome workshop on Wednesday 
  3 March.<br>
  <br>
  <b>April 9 Preliminary report </b>comprising feedback from the Whois workshop 
  in Rome, factual information and constituency policy suggestions and policy 
  recommendations. <br>
  <b>April 29 Public comment closes</b></font><b><font face="Arial, Helvetica, sans-serif"> 
  <br>
  <br>
  May 20 (tbd in coordination with the GNSO Council meeting) Final report to Council<br>
  </font></b><font face="Arial, Helvetica, sans-serif">Preliminary report policy 
  recommendations may be changed if there would be relevant subsequent material 
  to support the changes.<br>
  <br>
  <b>Whois Workshop at Rome ICANN meetings, Wednesday 3 March, one and a half 
  hour timeline </b><br>
  Each task force chair will make a brief presentation on the task force findings,<br>
  Followed by </font><font face="Arial, Helvetica, sans-serif">discussion and 
  feedback<br>
  Presentation of the timeline<br>
  Comments may be addressed by the task force members<br>
  <br>
  <b>Next Call:</b> <b>January 27, 2004</b></font><font face="Arial, Helvetica, sans-serif"> 
  </font><font face="Arial, Helvetica, sans-serif"><b><br>
  </b></font><font face="Arial, Helvetica, sans-serif"><b></b></font><font face="Arial, Helvetica, sans-serif"><br>
  Needs and justification chart <br>
  columns chart to be filled in from Montreal workshop material plus other material<br>
  Responsible: David Maher, Wendy Seltzer and Thomas Roessler</font><font face="Arial, Helvetica, sans-serif"><br>
  </font><font face="Arial, Helvetica, sans-serif"><b><br>
  </b></font><font face="Arial, Helvetica, sans-serif"><b>Jeff Neuman thanked 
  everyone for their presence and participation and ended the call at 17:05 UTC.<br>
  <br>
  </b> <b>Next call: Tuesday 27 January 2004, </b> <b>16:00 UTC, 11:00 EST, 8:00 
  Los Angeles, 17:00 CET.<br>
  <br>
  <br>
  </b></font></p>
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