[dow2tf] RE: exec summary re .name Whois tier system
Here is an executive sumary of the .name proposal prepared by GNR and circulated at the Shanghai ICANN meeting in 2002. Steve Metalitz ________________________________ From: owner-dow2tf@xxxxxxxxxxxxxx [mailto:owner-dow2tf@xxxxxxxxxxxxxx] On Behalf Of Steve Metalitz Sent: Thursday, April 29, 2004 8:37 AM To: Kathryn Kleiman; Jordyn@xxxxxxxxxxxxx; dow2tf@xxxxxxxxxxxxxx Subject: RE: [dow2tf] Proposed revision of proposal #2 from Monday re tiers, and per our discussion on the last call, please see the .name model at http://www.icann.org/tlds/agreements/name/registry-agmt-appo-8aug03.htm ________________________________ From: owner-dow2tf@xxxxxxxxxxxxxx [mailto:owner-dow2tf@xxxxxxxxxxxxxx] On Behalf Of KathrynKL@xxxxxxx Sent: Thursday, April 29, 2004 2:41 AM To: Jordyn@xxxxxxxxxxxxx; dow2tf@xxxxxxxxxxxxxx Subject: [dow2tf] Proposed revision of proposal #2 from Monday Jordyn: I think Steve's comments of last night should definitely be discussed, but I would like to request that we return to old subjects only after we have addressed all pending and new subjects for a first time. (such an approach may also help inform our discussion of the issues Steve raises). Thus, some agenda items: 1) Finishing Publication of Data Elements: Tiers then 2) Data Element Collection (definitely needs to be discussed); 3) Proxy Services and revising limitations (NCUC proposal) 4) Special treatment of those registrants "with legitimate political and free speech concerns" (issued raised by ISPCP) Thanks, Kathy ----------------- Forwarded Message: Subj: [dow2tf] Proposed revision of proposal #2 from Monday Date: 4/28/2004 7:39:11 PM Eastern Standard Time From: metalitz@xxxxxxxx To: dow2tf@xxxxxxxxxxxxxx Sent from the Internet (Details) This is a follow-up to the discussion of Tom's first proposal below (actually this was item #2 on our call on Monday). I agreed to try to elaborate on this proposal to reflect some of the issues discussed on the call. Please see a draft below. Perhaps we can discuss this on tomorrow's call (along with item #4 which was not reached on Monday). By the way, to anticipate one question that may arise, some of the language proposed below is taken from the WIPO Best Practices document (see http://arbiter.wipo.int/domains/cctld/bestpractices/bestpractices.doc) Steve Metalitz ICANN should develop and implement a procedure for dealing with the situation where a registrar (or registry, in thick registry settings) can credibly demonstrate that it is legally prevented by local mandatory privacy law or regulations from fully complying with applicable provisions of its ICANN contract regarding the collection, display and distribution of personal data via Whois. The procedure should include: * prompt notification by the affected registrar/registry to ICANN with detailed summary of the problem (including what is the evidence of existence of a legal conflict, the specific legal provision involved, and which specific data elements are affected); * consultation with ICANN and other parties (which may include government agencies) to try to resolve the problem/ remove the impediment to full compliance with contract; * if there is a bona fide problem which cannot be resolved, insertion of standardized notice/tag in Whois results, advising requester of the problem and, if practicable, directing requester to another source or alternative procedure for obtaining access to this data element; * an appropriate form of public notice from ICANN re forbearance from enforcement of full compliance with the contractual provision in question. -----Original Message----- From: owner-dow2tf@xxxxxxxxxxxxxx [mailto:owner-dow2tf@xxxxxxxxxxxxxx] On Behalf Of Thomas Keller Sent: Monday, April 26, 2004 9:58 AM To: Jordyn A. Buchanan Cc: Kathryn Kleiman; 2DOW2tf; dmaher@xxxxxxx Subject: Re: [dow2tf] Topics to discuss Very well the specific recommendations I would like to talk about on todays call are: ICANN WHOIS policy and local laws: Policy Proposal: No Registrar should be forced to breach its local laws regarding the collection, display and distribution of personal data in order to be able to provide ICANN approved domain registrations, regardless of whether the WHOIS service is provided by such registrar or another party under agreement with such registrar. Tiered Access Policy Proposal: As outlined in the Registrar statement. Best, tom Attachment:
101802 630pm executive summary.doc |