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


> If you would like anything changed, please let me know.

Yes - I would like to request clarification on four items -

a) the telephone call Brian refers to was to discuss the IPC proposal and provide feedback on an informal basis. This is not a consensus document and, in my opinion, it still simply an IPC proposal. It contains several revisions that came about as a result of our conversation, but neither Bruce, myself nor the registrar constituency are endorsing its contents at this time.

b) I have made it clear on several occasions that the registrar position is that using Whois as a publicity mechanism is inappropriate, however if the IPC wishes to pursue their request at a policy level, it would most make sense to implement this in the centralized registry output.

This comment;

"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."


...if correctly captured by the minutes, is inaccurate.

c) If Registrar input is required, it should come from myself and not Bruce Tonkin unless he has been appointed to the task force in the last few days and I've missed the announcement.

As I mentioned on the call last week, I am still taking input from my constituency and have not had a chance to formulate an opinion on this latest draft. I still have very specific concerns as it pertains to Registrar liability and will table these along with the rest of the comments from my constituency prior to the next conference call.

Lastly, as a small housekeeping note, I did offer my apologies for being absent on today's call during our last meeting. I'd appreciate it if the minutes could be updated to reflect this.

Thanks in advance,

-rwr

GNSO SECRETARIAT wrote:

[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.





------------------------------------------------------------------------

*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 <http://gnso-audio.icann.org/WHOIS-20040929-tf3.mp3>
At-Large Advisory Committee (ALAC) liaisons: - Vittorio Bertola


MP3 Recording <http://gnso-audio.icann.org/WHOIS-20041103-tf3.mp3>

*Brain Darville* welcomed everyone to the call and asked for views on the proposal sent to the mailing list <http://gnso.icann.org/mailing-lists/archives/dow3tf/msg00300.html> 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.


*













--





                      -rwr



Contact info: http://www.blogware.com/profiles/ross
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