RE: [dow2tf] Topics to discuss

["Cade,Marilyn S - LGCRP" <mcade@xxxxxxx>]

There is not ICANN in this case, there is Council. All policy issues re gTLDs belong to the gNSO. 
IF we start thinking there is an "ICANN" above and beyond the SOs that have policy responsibility, we ar missing someting that COUNCIL and the Constituencies fought to achieve in the ERC. POLICY is developed by Council...The Board approves or remands... so what would "we" ask ICANN about? IF we need to ask, we ask Council. Or am I missing hte purpose of a bottom up, consens bases process, the basis of ICANN's legitimacy?

Marilyn S. Cade
AT&T Law & Government Affairs
1120 20th Street, NW, Suite 1000N
Washington, DC 20036

202-457-2106v
281-664-9731 e-fax
202-360-1196 c
mcade@xxxxxxx


-----Original Message-----
From: David W. Maher [mailto:dmaher@xxxxxxx]
Sent: Thursday, April 22, 2004 6:16 PM
To: '2DOW2tf'
Subject: RE: [dow2tf] Topics to discuss


We don't need to get into a discussion of the purposes of WHOIS. My 
constituency (registries) has its own view of the purposes and other 
constituencies have their own views. We can still work on the assigned 
purposes of this TF from a basis of disagreement on the ultimate purposes 
of WHOIS.
(We could still independently of the work of this TF ask ICANN  for 
clarification, but that should not divert us from what needs to be done.)

David Maher



At 12:19 PM 4/22/2004, Tim Ruiz wrote:
>Marilyn,
>
>That's not what I am saying at all. I am not questioning whether it should
>exist, just looking for an answer as what its function is supposed to be.
>Has ICANN ever published a clear statement on that?
>
>Right now what's going on is that everyone has their own view of what they
>think the Whois database is for and we're trying to coming up with policies
>about it. Seems to me the question of what it's for should be answered first
>instead of trying to get the horse to push the cart.
>
>Tim
>
>-----Original Message-----
>From: owner-dow2tf@xxxxxxxxxxxxxx [mailto:owner-dow2tf@xxxxxxxxxxxxxx] On
>Behalf Of Cade,Marilyn S - LGCRP
>Sent: Thursday, April 22, 2004 9:48 AM
>To: Tim Ruiz; Jordyn A. Buchanan; 2DOW2tf
>Subject: RE: [dow2tf] Topics to discuss
>
>
>You seem to be saying tht the TFs should have started with working first on
>whether WHOIS
>should exist. That is not agree to in the terms of reference of any of the
>TFs, and Council
>did not ask that question.
>WHOIS is a requirement that came in, with the creation of ICANN, as I
>recall. That is why it is in the registrar contracts...
>
>I know that some people do want to start with that question, but I don't see
>consensus
>on that approach, within the Council, and that  isn't the task(s) given to
>Council's TFs.
>
>Marilyn S. Cade
>AT&T Law & Government Affairs
>1120 20th Street, NW, Suite 1000N
>Washington, DC 20036
>
>202-457-2106v
>281-664-9731 e-fax
>202-360-1196 c
>mcade@xxxxxxx
>
>
>-----Original Message-----
>From: Tim Ruiz [mailto:tim@xxxxxxxxxxx]
>Sent: Thursday, April 22, 2004 9:26 AM
>To: 'Jordyn A. Buchanan'; '2DOW2tf'
>Subject: RE: [dow2tf] Topics to discuss
>
>
>All,
>
>Jordyn's item 1 is troubling, but important. No policy discussion on
>elements, access, accuracy, or privacy should even begin as long as there is
>no consensus on the purpose of Whois. This has been my growing concern as I
>follow the work of these three task forces.
>
>I believe the question of purpose alone should have been the term of
>reference, or description of work, for a single task force so that later
>task forces could proceed with some common ground, and have a basis upon
>which to evaluate the appropriateness of any policy recommendations.
>
>Should there at least be a joint request from the three task forces to ICANN
>to provide a purpose statement or mission statement regarding Whois?
>
>Tim
>
>
>-----Original Message-----
>From: owner-dow2tf@xxxxxxxxxxxxxx [mailto:owner-dow2tf@xxxxxxxxxxxxxx] On
>Behalf Of Jordyn A. Buchanan
>Sent: Wednesday, April 21, 2004 7:36 AM
>To: 2DOW2tf
>Subject: [dow2tf] Topics to discuss
>
>As we discussed on our last call, here are some core topics that were
>raised in a number of constituency statements (or in our conversation
>on Monday), and may be useful for us to discuss.  In some cases, I've
>identified some questions that may be helpful for us to answer.
>
>1) What is the purpose of Whois?
>
>2) What are the ideal methods for disclosing use of data and obtaining
>consent?
>
>3) Can proxy services be improved to provide better privacy protection?
>
>4) Tiered Access
>    - What are reactions to Registrars' proposal?
>    - What are the concerns relating to tiered access?
>
>5) Preventing Marketing Uses--Are there implications for what data is
>collected/displayed?
>
>6) Which data fields should be collected?
>
>7) Is there a useful distinction between commercial and noncommercial
>registrants?
>
>8) Is there a good mechanism to allow registrants with legitimate
>privacy concerns to opt-out on a case-by-case basis?
>
>9) What are the requirements of local/national privacy policies or
>legislation?
>
>Jordyn