[dow3tf] Whois tf 3 draft notes teleconf 3 Nov. 2004

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

[To dow3tf[at]gnso.icann.org]

Please find the draft notes following the Whois task force 3 call held on
Wednesday 3 November 2004.
If you would like anything changed, please let me know.

Thank you.
Kind regards

Glen

Glen de Saint Géry
GNSO Secretariat
******************************************************
WHOIS Task Force 3 Teleconference November 3, 2004 - Minutes

ATTENDEES:
GNSO Constituency representatives:
Intellectual Property Interests Constituency - Brian Darville - Chair:
Commercial and Business Users constituency - Sarah Deutsch
gTLD Registries constituency: - Ken Stubbs
Internet Service Providers and connectivity providers Constituency - Greg
Ruth
Government Advisory Committee (GAC) liaison - Suzanne Sene

GNSO Secretariat: Glen de Saint Géry

Absent:
ICANN Staff Manager: Barbara Roseman - absent - apologies
Registrars Constituency - Ross Rader
Non Commercial Users constituency - Frannie Wellings
Intellectual Property Interests Constituency - Kiyoshi Tsuru
Intellectual Property Interests Constituency - Terry Clark
At-Large Advisory Committee (ALAC) liaisons: - Vittorio Bertola

MP3 Recording

Brain Darville welcomed everyone to the call and asked for views on the
proposal sent to the mailing list and stated below:
He explained that the revisions had come about in discussion with
representatives of the IPC after a telephone conference between Bruce
Tonkin, Ross Rader, Steve Metalitz (IPC), Ryan Lehning (IPC) and himself.

I. Steps to Verify & Correct Inaccuracy in Response to a Complaint
A. 1. If a registrar receives a complaint about the accuracy of registrant
data through the Whois Data Problems Reporting System, that registrar shall
take reasonable steps to verify the accuracy of that data by contacting the
registrant through at least two of the following four methods:
1) email;
2) telephone number;
3) facsimile number; or
4) postal mail.

2. If one method fails (e.g., email bounce-back; telephone or fax
disconnected; or a return to sender message), the domain name may be placed
immediately on hold;
or, another method shall be used.

If both of the two pursued methods fail, registrar shall place the domain
name on hold. If a pursued method does not fail, registrar must allow the
registrant 15 days to respond with accurate information. If it is apparent
at any point in the process that a registrant has willfully provided
inaccurate contact data, a registrar may immediately place the domain name
on hold without first attempting to (further) contact the registrant.

B. If a registrant responds to registrar notifications of inaccuracy within
the 15 day time limit, providing updated data, registrar shall verify the
accuracy of at least one of the following three updated data elements:
1) email;
2) telephone number; or
3) facsimile number.
Verification may consist of the registrar using the updated data to
effectively contact the registrant, confirming the registrant's correction
of its contact data or by requesting that the registrant provide the
registrar with "proof of authenticity" of the contact information (e.g., a
photocopy of a driver's license or a utility bill).

If one element remains inaccurate, registrar may place the domain name on
hold.
If one element is accurate, registrar shall verify the second element.
If both elements remain inaccurate, registrar may place the domain name on
hold or verify the third element.
If the contact information remains inaccurate or unverified, the registrar
shall place the domain name on hold.

C. Registrars shall make their customers aware of the Whois Data Problems
Reporting System as the means for bringing complaints with respect to Whois
data. [Language to be proposed by Ross Rader for publicizing the WDPRS in
advance of its use as the sole avenue for making complaints about Whois
data].

Ken Stubbs commented that the Registry constituency reviewed the last 2
copies and commented on:
1. The time period of 15 days in I a.
"registrar must allow the registrant 15 days"
The registry constituency all commented on the impracticality of the 15 days
rule .
2. A very clear distinction should be made as to who has the responsibility
or who communicates of with registrant. It is the Registrars responsibility
to communicate with registrants in 1 a and 1 b.

Sarah Deutsch was waiting feed back from the Business constituency but had
flagged the time period of 15 days.
Greg Ruth was happy with the proposed draft and felt that 15 or 30 days was
not important probably 30 was more realistic but saw Ken Stubb's point of 30
days.

Ken Stubbs reported that the draft had been fully vetted by the Registry
constituency representatives and that all the comments had been made. The
biggest push back on the 15 days issue was from registry constituency
members who have a significant presence outside the United States.
Brian Darville commented that Ross Rader felt the burden in Section C
"C. Registrars shall make their customers aware of the Whois Data Problems
Reporting System as the means for bringing complaints with respect to Whois
data. "
should be placed both on the Registries and the Registrars.

He explained that the issue turned on the manner in which registrars
received complaints about inaccurate Whois data. The Registrars wanted all
complaints to come through the WDPRS system. The Intellectual Property
constituency's (IPC) view was that would be fine if the WDPRS were better
established and better known but the IPC concern was that they wanted to
make sure a complaint would get into the system. One idea would be to better
promote the WDPRS by including some kind of other access to that system
directly in Whois output.

Ken Stubbs commented on section C, that there was an obligation on the part
of registrars to send out on an annual basis a reminder to each registrant
reminding them that it was their responsibility to keep their Whois data
accurate. Seeing that a significant number of people who filed complaints to
date were domain name holders and involved in management of domain names it
might be an idea to remind people of the WDPRS at the same time, so getting
the message out to a broader community.
Brian Darville suggested that language to incorporate the idea should be
drafted and circulated to the list before the next call.
Brian Darville would discuss the 15 day issue with the IPC.
Ken Stubbs suggested that Bruce Tonkin could possibly be asked to draft the
language as he felt that it should come through the registrars constituency


Next Steps:
Brian Darville would revise the previous draft
Bruce Tonkin and Ross Rader could be requested to draft language for section
C



Brian Darville thanked everyone for their presence and participation and
ended the call at noon 11:00 EST, 16:00 UTC. 17:00 CET

Next call: Wednesday 10 November 2004, 7:30 Los Angeles, 10:30 EST, 15:30
UTC, 16:30 CET.



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<p align="center"><font face="Arial, Helvetica, sans-serif"><b>WHOIS Task Force 
  3 Teleconference November 3, 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"> Intellectual Property 
  Interests Constituency - Brian Darville - Chair:<br>
  Commercial and Business Users constituency - Sarah Deutsch<br>
  gTLD Registries constituency: - Ken Stubbs <br>
  Internet Service Providers and connectivity providers Constituency</font> - 
  <font face="Arial, Helvetica, sans-serif">Greg Ruth</font><br>
  <font face="Arial, Helvetica, sans-serif">Government Advisory Committee (GAC) 
  liaison - </font> <font face="Arial, Helvetica, sans-serif">Suzanne Sene</font><br>
  <font face="Arial, Helvetica, sans-serif"> </font><font face="Arial, Helvetica, sans-serif"> 
  <br>
  </font><font face="Arial, Helvetica, sans-serif"><b>GNSO Secretariat:</b> Glen 
  de Saint G&eacute;ry <br>
  <br>
  <b>Absent: </b></font><br>
  <font face="Arial, Helvetica, sans-serif"><b>ICANN Staff Manager</b>: Barbara 
  Roseman - absent - apologies</font> <br>
  <font face="Arial, Helvetica, sans-serif">Registrars Constituency - Ross Rader</font> 
  <br>
  <font face="Arial, Helvetica, sans-serif">Non Commercial Users constituency 
  - Frannie Wellings</font><br>
  <font face="Arial, Helvetica, sans-serif">Intellectual Property Interests Constituency 
  - Kiyoshi Tsuru<br>
  Intellectual Property Interests Constituency - Terry Clark<a href="http://gnso-audio.icann.org/WHOIS-20040929-tf3.mp3";> 
  </a><br>
  At-Large Advisory Committee (ALAC) liaisons: - Vittorio Bertola <br>
  <br>
  <a href="http://gnso-audio.icann.org/WHOIS-20041103-tf3.mp3";>MP3 Recording</a><br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Brain Darville</b> welcomed everyone 
  to the call and asked for views on the <a href="http://gnso.icann.org/mailing-lists/archives/dow3tf/msg00300.html";>proposal 
  sent to the mailing list</a> and stated below:<br>
  He explained that the revisions had come about in discussion with representatives 
  of the IPC after a telephone conference between Bruce Tonkin, Ross Rader, Steve 
  Metalitz (IPC), Ryan Lehning (IPC) and himself. </font></p>
<p><font face="Arial, Helvetica, sans-serif">I. Steps to Verify & Correct Inaccuracy 
  in Response to a Complaint<br>
  A. 1. If a registrar receives a complaint about the accuracy of registrant data 
  through the Whois Data Problems Reporting System, that registrar shall take 
  reasonable steps to verify the accuracy of that data by contacting the registrant 
  through at least two of the following four methods: <br>
  1) email; <br>
  2) telephone number;<br>
  3) facsimile number; or <br>
  4) postal mail. <br>
  <br>
  2. If one method fails (e.g., email bounce-back; telephone or fax disconnected; 
  or a return to sender message), the domain name may be placed immediately on 
  hold; <br>
  or, another method shall be used. <br>
  <br>
  If both of the two pursued methods fail, registrar shall place the domain name 
  on hold. If a pursued method does not fail, registrar must allow the registrant 
  15 days to respond with accurate information. If it is apparent at any point 
  in the process that a registrant has willfully provided inaccurate contact data, 
  a registrar may immediately place the domain name on hold without first attempting 
  to (further) contact the registrant. <br>
  <br>
  B. If a registrant responds to registrar notifications of inaccuracy within 
  the 15 day time limit, providing updated data, registrar shall verify the accuracy 
  of at least one of the following three updated data elements: <br>
  1) email; <br>
  2) telephone number; or <br>
  3) facsimile number. <br>
  Verification may consist of the registrar using the updated data to effectively 
  contact the registrant, confirming the registrant's correction of its contact 
  data or by requesting that the registrant provide the registrar with "proof 
  of authenticity" of the contact information (e.g., a photocopy of a driver's 
  license or a utility bill). <br>
  <br>
  If one element remains inaccurate, registrar may place the domain name on hold. 
  <br>
  If one element is accurate, registrar shall verify the second element. <br>
  If both elements remain inaccurate, registrar may place the domain name on hold 
  or verify the third element. <br>
  If the contact information remains inaccurate or unverified, the registrar shall 
  place the domain name on hold. <br>
  <br>
  C. Registrars shall make their customers aware of the Whois Data Problems Reporting 
  System as the means for bringing complaints with respect to Whois data.<b> [Language 
  to be proposed by Ross Rader for publicizing the WDPRS in advance of its use 
  as the sole avenue for making complaints about Whois data].</b></font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Ken Stubbs</b> commented that 
  the Registry constituency reviewed the last 2 copies and commented on:<br>
  1. The time period of 15 days in</font><font face="Arial, Helvetica, sans-serif"> 
  I a. <br>
  &quot;registrar must allow the registrant 15 days&quot; <br>
  The registry constituency all commented on the impracticality of the 15 days 
  rule . <br>
  </font><font face="Arial, Helvetica, sans-serif">2. A very clear distinction 
  should be made as to who has the responsibility or who communicates of with 
  registrant. It is the Registrars responsibility to communicate with registrants 
  in 1 a and 1 b.<br>
  <br>
  <b>Sarah Deutsch</b> was waiting feed back from the Business constituency but 
  had flagged the time period of 15 days.<br>
  <b>Greg Ruth</b> was happy with the proposed draft and felt that 15 or 30 days 
  was not important probably 30 was more realistic but saw Ken Stubb's point of 
  30 days.<br>
  <br>
  <b>Ken Stubbs </b>reported that the draft had been fully vetted by the Registry 
  constituency representatives and that all the comments had been made. The biggest 
  push back on the 15 days issue was from registry constituency members who have 
  a significant presence outside the United States.<br>
  <b>Brian Darville</b> commented that Ross Rader felt the burden in Section C 
  <br>
  &quot;C. Registrars shall make their customers aware of the Whois Data Problems 
  Reporting System as the means for bringing complaints with respect to Whois 
  data. &quot;<br>
  should be placed both on the Registries and the Registrars. </font></p>
<p><font face="Arial, Helvetica, sans-serif">He explained that the issue turned 
  on the manner in which registrars received complaints about inaccurate Whois 
  data. The Registrars wanted all complaints to come through the WDPRS system. 
  The Intellectual Property constituency's (IPC) view was that would be fine if 
  the WDPRS were better established and better known but the IPC concern was that 
  they wanted to make sure a complaint would get into the system. One idea would 
  be to better promote the WDPRS by including some kind of other access to that 
  system directly in Whois output.<br>
  <br>
  <b>Ken Stubbs</b> commented on section C, that there was an obligation on the 
  part of registrars to send out on an annual basis a reminder to each registrant 
  reminding them that it was their responsibility to keep their Whois data accurate. 
  Seeing that a significant number of people who filed complaints to date were 
  domain name holders and involved in management of domain names it might be an 
  idea to remind people of the WDPRS at the same time, so getting the message 
  out to a broader community.<br>
  <b>Brian Darville</b> suggested that language to incorporate the idea should 
  be drafted and circulated to the list before the next call.<br>
  <b>Brian Darville</b> would discuss the 15 day issue with the IPC.<br>
  <b>Ken Stubbs</b> suggested that Bruce Tonkin could possibly be asked to draft 
  the language as he felt that it should come through the registrars constituency<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>Next Steps</b>:<br>
  Brian Darville would revise the previous draft<br>
  Bruce Tonkin and Ross Rader could be requested to draft language for section 
  C <br>
  <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"> </font><font face="Arial, Helvetica, sans-serif"><b> 
  Brian Darville thanked everyone for their presence and participation and ended 
  the call at noon 11:00 EST, 16:00 UTC. 17:00 CET<br>
  <br>
  </b> <b>Next call: Wednesday 10 November 2004, </b><b> 7:30 Los Angeles, 10:30 
  EST, 15:30 UTC, 16:30 CET.<br>
  <br>
  <br>
  </b></font></p>
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