[dow2tf] draft minutes/notes WHOIS tf 2 Jan. 12, 2004

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

Please find attached the draft minutes/notes from the WHOIS task force 2
cakll, January 12,2004.

Please let me know what you would like changed.
Thank you very much.

Glen
GNSO Secretariat

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<p align="center"><font face="Arial, Helvetica, sans-serif"><b>WHOIS Task Force 
  2 Teleconference December 15 - Minutes</b></font></p>
<p><b><font face="Arial, Helvetica, sans-serif">ATTENDEES:<br>
  <br>
  <b>Liaisons:</b><br>
  At-Large Advisory Committee (ALAC) liaisons - Thomas Roessler</font></b><font face="Arial, Helvetica, sans-serif"> 
  chaired the meeting in the absence of </font><b><font face="Arial, Helvetica, sans-serif">Jordyn 
  Buchanan<br>
  </font></b></p>
<p><b><font face="Arial, Helvetica, sans-serif">GNSO Constituency representatives:<br>
  </font></b><font face="Arial, Helvetica, sans-serif">Intellectual Property Interests 
  Constituency - Niklas Lagergren<br>
  Intellectual Property Interests Constituency - Steve Metalitz (speaker)<br>
  Registrars Constituency - Thomas Keller<br>
  TLD Registries constituency </font><b><font face="Arial, Helvetica, sans-serif">- 
  </font></b><font face="Arial, Helvetica, sans-serif">David Maher</font><font face="Arial, Helvetica, sans-serif"></font><font face="Arial, Helvetica, sans-serif"></font><font face="Arial, Helvetica, sans-serif"> 
  <br>
  Internet Service and Connectivity Providers constituency - Maggie Mansourkia 
  <br>
  Commercial and Business Users constituency:- Marilyn Cade<br>
  Non Commercial Users Constituency:- Kathryn Kleiman<br>
  GNSO Council independent representative - Amadeu Abril I Abril <br>
  </font><font face="Arial, Helvetica, sans-serif"><br>
  <br>
  </font><font face="Arial, Helvetica, sans-serif"><b>GNSO Secretariat:</b> Glen 
  de Saint G&eacute;ry <br>
  <br>
  <b>Absent with apologies</b></font><br>
  <font face="Arial, Helvetica, sans-serif">gTLD Registries constituency: - Jordyn 
  Buchanan</font><b><font face="Arial, Helvetica, sans-serif"> chair</font></b> 
  <br>
  <font face="Arial, Helvetica, sans-serif"><b>ICANN Staff Manager</b>: Barbara 
  Roseman</font> <br>
  <font face="Arial, Helvetica, sans-serif"><br>
  <b>Kathy Kleiman</b> proposed Thomas Roessler as the Chair in the absence of 
  <b>Jordyn Buchanan.</b><br>
  <b>David Maher</b> nominated <b>Kathy Kleiman</b> who declined.<br>
  <br>
  <b>Meeting agenda: </b><br>
  Item 1. Barbara Roseman - covering letter + enquire whether the other WHOIS 
  task forces would ask the GAC questions. <br>
  Item 2. Jordyn Buchanan - Create an easy to read data element chart <br>
  Item 3. Jordyn Buchanan would contact E P regarding the ccTLD survey.<br>
  a. Tom Keller - ccTLD questions <br>
  Item 4. Kathy Kleiman - enquire about an online form for the OECD material.<br>
  </font><font face="Arial, Helvetica, sans-serif">Item 5. Steve Metalitz/Thomas 
  Roessler - Update the chart with .name - list the different elements in .name<br>
  Item 6. </font><font face="Arial, Helvetica, sans-serif">Discuss questions to 
  the GAC<br>
  <br>
  <b>Item 1. Covering letter + enquire whether the other WHOIS task forces would 
  ask the GAC questions</b>. <br>
  Deferred until Barbara Roseman can be on the call.<br>
  <br>
  <b>Item 2. Jordyn Buchanan - Create an easy to read data element chart </b><br>
  Thomas Roessler referred to Jordyn Buchanan's easy to read <a href="http://gnso.icann.org/mailing-lists/archives/dow2tf/msg00074.html";>data 
  chart</a> which notes general elements, registrant contact, technical, administrative 
  and billing contact but does not list where the data elements are used where 
  they are not used.<br>
  Steve Metalitz commented that questions may have to be modified, but that it 
  was the best way to proceed without getting bogged down in detail, while Thomas 
  Roessler added that those data elements not common across registries and registrars 
  could perhaps be footnoted.<br>
  <br>
  The <a href="http://gnso.icann.org/mailing-lists/archives/dow2tf/msg00074.html";>data 
  chart</a>, with the proposed footnote modification was accepted by the task 
  force as a base for proceeding with the questions.<br>
  <b><br>
  Item 3. Jordyn Buchanan would contact Elisabeth Porteneuve regarding the ccTLD 
  survey.</b> <br>
  The GNSO Secretariat noted that in discussion with Elisabeth Porteneuve, who 
  clarified her <a href="http://gnso.icann.org/mailing-lists/archives/council/msg00350.html";>note</a> 
  to the GNSO Council, had emphasized the wide population that the ccTLD survey 
  would reach out to, questions would be welcome and the survey would probably 
  start about January 16, 2004.<br>
  <b>Tom Keller</b> referred to the proposed questions that he had prepared for 
  the ccTLDs and ccNSO.</font></p>
<p><font face="Arial, Helvetica, sans-serif">The GNSO's WHOIS Task Force #2 is 
  chartered with reviewing the current ICANN whois policy regarding the collection, 
  disclosure and transmittal of data. Since whois data may contain personal information 
  like telephone number and email address we are interested in your knowledge 
  and experience towards your local privacy regulation and its effects on your 
  whois policy. Information (including links and copies) to the following points 
  are of our particular interest: <br>
  1. Is there a privacy regulation in you country which has effects on your whois 
  policy and if yes what regulations are these and how are they implemented. <br>
  2. Do you have or had contact to a local official privacy body in regard to 
  whois and could you facilitate a contact for informational purposes? <br>
  3. What contact data do you collect from registrants, and to whom is the data 
  made available? <br>
  4. Do you obtain the consent of registrants to the uses of data about them, 
  and if so, how is this consent obtained? <br>
  5. Have you changed or are you planning to change your whois policy to suit 
  your local privacy regulation? </font><font face="Arial, Helvetica, sans-serif"></font><font face="Arial, Helvetica, sans-serif"> 
  <br>
  </font><font face="Arial, Helvetica, sans-serif"> </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Kathy Kleiman </b>suggested sending 
  the survey to the ccNSO as well.<br>
  <b>Steve Metalitz </b>suggested giving other constituencies time to react, (at 
  least 24 hours) if they had further questions.<br>
  <b>Thomas Roessler</b> suggested accepting the questions, forwarding the questions 
  to Elisabeth Porteneuve, ccTLD CENTR and the ccNSO, enquiring about the scale 
  of the survey and if necessary reworking the questions.<br>
  <br>
  <b>Item 4. Kathy Kleiman - enquire about an online form for the OECD material. 
  </b><br>
  <b>Kathy Kleiman</b> reported that there was no input for the present meeting.<br>
  <br>
  <b>Item 5. Steve Metalitz/Thomas Roessler - Update the chart with .name - list 
  the different elements in .name</b><br>
  <b>Thomas Roessler </b>referred to the <a href="http://gnso.icann.org/mailing-lists/archives/dow2tf/msg00063.html";>data 
  element updated chart</a> with .name as discussed during the <a href="http://gnso.icann.org/mailing-lists/archives/dow2tf/msg00066.html";>last 
  task force teleconference</a> <br>
  It was suggested that it be made available on the GNSO website.<br>
  <b>Steve Metalitz </b>reminded the group that the Registry constituency should 
  review the chart. <br>
  <br>
  <b>David Maher</b> <b>undertook to carry out the review process by the Registry 
  constituency by Wednesday 14, January.</b><br>
  <b><br>
  Item 6. </b></font><b><font face="Arial, Helvetica, sans-serif">Discuss questions 
  to the GAC</font></b><font face="Arial, Helvetica, sans-serif"><br>
  <b>Thomas Roessler</b> referred to the original set of questions submitted by 
  <a href="http://gnso.icann.org/mailing-lists/archives/dow2tf/msg00040.html";>Kathy 
  Kleiman</a> and then requested <b>Tom Keller</b> to read through the questions 
  that he drew up.<br>
  </font><font face="Arial, Helvetica, sans-serif"><br>
  The GNSO's WHOIS Task Force #2 is chartered with reviewing the current ICANN 
  whois policy regarding the collection, disclosure and transmittal of data obtained 
  when a domain name is registered, and how consent of the registrant to these 
  policies is obtained. In general, these data elements may include: domain name 
  registrant's name, address, phone and fax number, e-mail address. The same information 
  is collected for administrative and technical contacts. Part of the Task Force's 
  charter is to document examples of relevant existing privacy laws regarding 
  the display and transmittal of this data which may inform the Task Force's work 
  and guide us in our decisions. Information (including links and copies) of laws, 
  regulations, and cases responsive to the following points are of our particular 
  interest: <br>
  1. Must a data subject consent to the collection and processing of his data? 
  <br>
  2. Must a data subject consent to the disclosure of his collected data?<br>
  3. Can a data subject withdraw his consent to the disclosure of his data? <br>
  4. Has a data subject the right to stay anonymous and not disclose any data?<br>
  5. Is there any regulation on the transmittal of personal data to other countries?<br>
  <br>
  <b>Steve Metalitz</b> reviewed the questions and made the following modifications 
  and added a sixth question:<br>
  1. Must a domain name registrant consent to the collection and processing of 
  his data in connection with domain name registration? <br>
  2. Must a registrant consent to the disclosure of this data? <br>
  3. Can a registrant withdraw his consent to the disclosure of this data? <br>
  4. Does a registrant have a legal right to stay anonymous and not disclose any 
  data? <br>
  5. Is there any regulation on the transmittal of personal data in connection 
  with domain name registration to other countries? <br>
  6. Does the applicability of the law of your country depend on the location 
  or nationality of the registrant, the registrar, or the registry? How would 
  the applicable law be determined in a situation in which these three parties 
  are located in different countries?</font><font face="Arial, Helvetica, sans-serif"><br>
  <br>
  <b>Kathy Kleiman</b> commented that the <a href="http://gnso.icann.org/mailing-lists/archives/dow2tf/msg00040.html";>original 
  questions</a> that she had drawn up were close to the requirements of the GNSO 
  Council description of work and felt that the first set of questions as set 
  out by Tom Keller were the more preferable.<br>
  <br>
  <b>Steve Metalitz </b>pointed to the time line and commented that there was 
  no rush with the questions to the GAC and that there should be more information 
  from the GAC working group, while Thomas Roessler urged the task force to reach 
  an agreement on the questions.<br>
  There was no consensus noted on this point.<br>
  <b>Thomas Roessler</b> summarised by saying that there was convergence on the 
  GAC questions, but they did not want to finalize them today. <br>
  <b>Tom Keller's </b>questions were the results of the task force discussion. 
  <br>
  <b>Steve Metalitz's </b>wording proposal of &quot;registrant&quot; to replace 
  &quot;data subject&quot; was accepted.<br>
  <br>
  &quot;Data subject language&quot; was proposed as the acceptable term but it 
  was argued that direct language was preferable.<br>
  Marilyn Cade reminded the task force that interaction with the GAC was a GNSO 
  Council issue which was on the agenda for the forthcoming <a href="http://gnso.icann.org/meetings/agenda-gnso-22jan04.shtml";>meeting 
  on January 22, 2004</a>.<br>
  <br>
  The final set of questions was agreed upon:</font></p>
<p><font face="Arial, Helvetica, sans-serif">The GNSO's WHOIS Task Force #2 is 
  chartered with reviewing the current ICANN whois policy regarding the collection, 
  disclosure and transmittal of data obtained when a domain name is registered, 
  and how consent of the registrant to these policies is obtained.<br>
  <br>
  In general, these data elements may include: domain name registrant's name, 
  address, phone and fax number, e-mail address. <br>
  The same information is collected for administrative and technical contacts. 
  Registrant, administrative contact, technical contact, and billing contact are, 
  for convenience, referred to as "data subjects" below. Part of the Task Force's 
  charter is to document examples of relevant existing privacy laws regarding 
  the display and transmittal of this data which may inform the Task Force's work 
  and guide us in our decisions. Information (including links and copies) of laws, 
  regulations, and cases responsive to the following points are of our particular 
  interest: <br>
  <br>
  1. Must a data subject consent to the collection and processing of his data? 
  <br>
  2. Must a data subject consent to the disclosure of his collected data? <br>
  3. Can a data subject withdraw his consent to the disclosure of his data? <br>
  4. Has a data subject the right to stay anonymous and not disclose any data? 
  <br>
  5. Is there any regulation on the transmittal of personal data to other countries 
  that is applicable in connection with domain name registration? <br>
  6. Does the applicability of the law of your country depend on the location 
  or nationality of the data subject, the registrar, or the registry? <br>
  How would the applicable law be determined in a situation in which these three 
  parties are located in different countries? <br>
  <br>
  It was proposed that Steve Metalitz's suggestion &quot;applicable&quot; be retained 
  in question 5 as well as the sixth question be added.<br>
  <b><br>
  Any Other Business</b><br>
  <br>
  The unfinished cover letter was mentioned and as soon as that was available 
  the questions could be sent out.<br>
  <b><br>
  Next Call:</b></font></p>
<p><b><font face="Arial, Helvetica, sans-serif">In consultation with Jordyn Buchanan, 
  the next call would be scheduled for: Monday 19 January: 8:00 LA, 11:00 EST, 
  17:00 CET, </font></b><font face="Arial, Helvetica, sans-serif"><br>
  It was brought to the task force's attention that Monday 19 January was a Federal 
  holiday in the United States<br>
  <b><br>
  Task Force participants in Rome:</b><br>
  Intellectual Property Interests Constituency - Niklas Lagergren<br>
  Intellectual Property Interests Constituency - Steve Metalitz <br>
  Registrars Constituency - Thomas Keller<br>
  TLD Registries constituency </font><b><font face="Arial, Helvetica, sans-serif">- 
  </font></b><font face="Arial, Helvetica, sans-serif">David Maher</font><font face="Arial, Helvetica, sans-serif"></font><font face="Arial, Helvetica, sans-serif"></font><font face="Arial, Helvetica, sans-serif"> 
  <br>
  Internet Service and Connectivity Providers constituency - Maggie Mansourkia 
  <br>
  Commercial and Business Users constituency:- Marilyn Cade<br>
  GNSO Council independent representative - Amadeu Abril I Abril <br>
  </font><font face="Arial, Helvetica, sans-serif"></font><font face="Arial, Helvetica, sans-serif"> 
  <br>
  <b>Thomas Roessler</b></font><font face="Arial, Helvetica, sans-serif"><b> thanked 
  everyone for their presence and participation and ended the call at 18:50 UTC.<br>
  <br>
  </b> <b>Next call: Monday 19 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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