May 2005 - council - lists.icann.org

GNSO Council meeting - 2 items for information
by Maria Farrell May 11, 2005

May 11, 2005

Dear Council members, Ahead of tomorrow's GNSO Council conference call, I am sending you two items: a table outlining the recommendations made by the GNSO Council independent review and the Council's self-review. This summarises the two sets of recommendations, batching them according to subject, and also includes staff responses and suggestions. It is a work in progress and may be useful for Council members to organise the work items arising. Secondly, below is a short list of current GNSO-related issues being worked on by ICANN staff to help you prioritise current and future work items. Best regards, Maria Farrell List of GNSO-related issues ICANN staff is currently working on (11 May 2005) Policy development staff: * WHOIS (PDP of recommendation on notification, support of combined WHOIS Task Force) * New registry services * GNSO independent review and self-review (preparation for discussion & implementation of recommendations) * New gTLDs Operations staff: * New registry services * New gTLDs * Transfers * Internationalised Domain Names * ICANN Strategic and Operational plans

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Dot net
by Philip Sheppard May 11, 2005

May 11, 2005

Council, for possible discussion under AOB at the Council meeting May 12. Please note I have just posted this comment to the dot.net public comments web site. ---------------------------------------------------------------------------- -------------------------------------- Background I previously posted to ICANN .net public comments, concern about the dissonance in the Telcordia methodology and the GNSO .net report and its recommendation. The GNSO report stated that the number one relative criteria was "Relative Criteria related to promotion of competition." The conclusion of my previous posting was that the methodology of the evaluator's report directly contradicts the essence of the GNSO report. At the Mar del Plata ICANN meeting, there were several questions made by members of the ICANN community, regarding the Telecordia report. Telcordia was asked to respond to the questions raised by the other bidders, and has done so. I fear that the response still misses the essential point. The criteria Telcordia used provided no measure of value of one applicant over another dependent on their current market position in the REGISTRY market - the very market in which the GNSO council was seeking to competitively enhance. Instead, all the measures looked at how the REGISTRAR market might be competitively enhanced. While it was left to Telcordia to design the evaluation criteria, these criteria were signed off by ICANN. The ICANN Board has the responsibility to ensure, as part of their responsibility to maintain the stability and security of the Internet's identifier systems, that an underlying competitive environment is enhanced. It is now up to the ICANN Board to mitigate the negative impact of an award with respect to competitiveness at the Registry level. Proposal Should the ICANN Board decide to award .net to the incumbent, they do so in the knowledge that this sanctions a circa 84% market share in the Registry market. Such an award should only be made based on a set of conditions to mitigate any potential undesirable effects of undue market dominance. Conditions that should be considered include the following: 1. Divestment of all minority interests in all other Registries within say 1 year. 2. Divestment of all interests in all Registrars within say 1 year. 3. A re-bid for .net every 6 years. Philip Sheppard

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RE: [council] Draft WHOIS terms of reference
by Niklas_Lagergren＠mpaa.org May 11, 2005

May 11, 2005

For ease of reference, you will find below a cut & paste of clause 3.7.7.3 that Bruce is mentioning: "3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm." -----Original Message----- From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] Sent: mercredi 11 mai 2005 11:39 To: council(a)gnso.icann.org Subject: RE: [council] Draft WHOIS terms of reference Hello Robin, > > Where can I find > this purpose defined as such in the RAA? > It is extracted from clause 3.7.7.3 of the Registrars Accreditation Agreement (RAA) available at: http://www.icann.org/registrars/ra-agreement-17may01.htm Regards, Bruce Tonkin

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Whois Public comments close on Thursday 12 May 2005
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG May 10, 2005

May 10, 2005

[To:council[at]gnso.icann.org; ga[at]gnso.icann.org] [To:announce[at]gnso.icann.org;liaison6c[at]gnso.icann.org] REMINDER The Combined Whois task force Preliminary report - Public comment forum closes on Thursday 12 May, 2005. The report can be viewed at: http://gnso.icann.org/issues/whois/whois-tf123-final-rpt-22apr05.shtml Comments should be sent to: gnso-whois-tf-rpt(a)icann.org. Archives are available at: http://forum.icann.org/lists/gnso-whois-tf-rpt. Thank you in advance for taking the time to comment. Kind regards, -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Current GNSO work items
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG May 10, 2005

May 10, 2005

[To: council[at]gnso.icann.org] (sent on behalf of Maria Farrell) Dear Council members, Please find attached for discussion/information on this week's GNSO Council meeting: * a list of current and future work items of the GNSO Best regards, Maria Farrell -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Regarding definitions of Admin and tech contacts
by Bruce Tonkin May 10, 2005

May 10, 2005

Hello Ross, > > > > > (2) Define the purpose of the technical and administrative > contacts, > > in the context of the purpose of WHOIS, to improve the accuracy and > > relevance of the data collected. > > Some, or perhaps all, of this task was completed by the > transfers task force. The recommendations of the TF included > statements of definition of the contacts, although I can't > remember whether these included a definition of purpose. This > should be clarified prior to requesting more work in this area... > Thanks for the reference. The transfers task force report is available at: http://www.icann.org/gnso/transfers-tf/report-12feb03.htm I reviewed the report, and it seems to me that the transfers task force specified the level of authority with respect to transfers of the Registrant and Administrative contact. E.g Recommendation 16 "The Administrative Contact and the Registrant, as outlined in the Losing Registrar's or Registry's (where available) publicly accessible WHOIS service are the only parties that have the authority to approve or deny a transfer request to the Gaining Registrar. In the event of a dispute, the authority of the Registrant in the authoritative Whois service supercedes that of the Administrative Contact." So I can conclude that "one" of the purposes of the Registrant and Administrative contact is to provide authorization for a transfer. I doubt that this is "the" only purpose. I could find no reference to the Technical contact. If there are other definitions/references in the transfers work - please provide them. It is possible that some of the definitions were included in other task force documents. As pointed out in the meeting in Mar Del Plata, there are some references to administrative and technical contact in some of the IETF RFCs. These could also be used as a starting point for discussion. Regards, Bruce Tonkin

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Draft WHOIS terms of reference
by Bruce Tonkin May 9, 2005

May 9, 2005

Hello All, Here is a fresh draft of the terms of reference for the WHOIS task force for discussion at the Council meeting on 12 May 2005. It reflects the context of the ICANN mission and current WHOIS purpose in the registrars accreditation agreement, and identifies issues that have been discussed during the meetings in Mar Del Plata. Note that terms in Capital letters are defined in the Registrar Accreditation Agreement ( http://www.icann.org/registrars/ra-agreement-17may01.htm ). I welcome discussion on the Council and WHOIS task force lists prior to the GNSO Council call. Regards, Bruce Tonkin Draft of Terms of Reference for WHOIS task force ICANN's mission is to maintain the stability and security of the Internet's unique identifier systems, while fostering competition where appropriate to give Internet users greater choice at optimal cost. Within the context of this mission, ICANN has agreements with gtld registrars and gtld registries that require the provision of a WHOIS service via three mechanisms: port-43, web based access, and bulk access. The purpose of the WHOIS service as contained in the Registrar Accreditation Agreement (RAA) is to provide accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registrar is also required in the RAA to take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. The goal of the WHOIS task force is to improve the effectiveness of the WHOIS service in maintaining the stability and security of the Internet's unique identifier systems, whilst taking into account where appropriate the need to ensure privacy protection for the Personal Data of individuals that may be Registered Name Holders, or the administrative or technical contact for a domain name. Tasks: (1) Review the current purpose of WHOIS, and determine whether it should be refined in the context of ICANN's mission and the changing nature of Registered Name Holders. "The purpose of WHOIS is to provide accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name" (2) Define the purpose of the technical and administrative contacts, in the context of the purpose of WHOIS, to improve the accuracy and relevance of the data collected. (3) Determine what WHOIS data elements should be available for public access that are needed to maintain the stability and security of the Internet. Determine how to access data that is not available for public access. The current elements that must be displayed by a registrar are: - The name of the Registered Name; - The names of the primary nameserver and secondary nameserver(s) for the Registered Name; - The identity of Registrar (which may be provided through Registrar's website); - The original creation date of the registration; - The expiration date of the registration; - The name and postal address of the Registered Name Holder; - The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and - The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name. (4) Determine how to improve the process for notifying a registrar of inaccurate WHOIS data, and the process for investigating and correcting inaccurate data. Currently a registrar "shall, upon notification by any person of an inaccuracy in the contact information associated with a Registered Name sponsored by Registrar, take reasonable steps to investigate that claimed inaccuracy. In the event Registrar learns of inaccurate contact information associated with a Registered Name it sponsors, it shall take reasonable steps to correct that inaccuracy."

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New Version of Strategic Plan
by Bret Fausett May 9, 2005

May 9, 2005

FYI, ICANN has posted a new version of the Strategic Plan with a very short window for public comment. http://icann.org/strategic-plan/strategic-plan-v7_3.pdf According to the ICANN announcement, "The comment period will be open until 13 May 2005 at 23:59 UTC." http://icann.org/strategic-plan/strategic-plan.html Bret

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RE: [council] Updated Draft Agenda for GNSO Council teleconferenc e - Thursday 12 May 2005
by Grant Forsyth May 5, 2005

May 5, 2005

Thank you Philip I would add, that in my original request, posted 23/3 and copied below, I suggested that Paul V, Olaf and Maria provide council with an report on their work. It would be desirable if this report could be received prior to the meeting - is that planned for Paul? Regards Earlier posting **************** 23/3/05 Dear Bruce I understand that Olaf has now joined Maria as policy support for Council. Welcome to Olaf and my apologies for missing the call last Friday where I understand Olaf was introduced. Given that we now have two staff available to support Council policy, I think it would be good for Council to work with them and Paul Verhoef to develop and set their policy work. Towards that goal, I suggest that Maria and Olaf provide to Council an outline of the policy work that they understand Council is engaged in and likely to take up over the next 3-6 months and their involvement in that work. My thinking would also be that such an outline would include "options". This would allow me to consider their perspective of our work (not all of which I, as a single councillor, are over) and provide some feedback. Where I would like this effort to head to is a clear understanding by Council of who is supporting what and to provide guidance, direction and priority to the staff in that support. My thinking would be that such a consultation and priority setting be undertaken on a regular basis - every 6 months? I would be interested in other councillor's views on this approach. Regards Grant Forsyth Manager Industry & Regulatory Affairs TelstraClear Cnr Taharoto & Northcote Roads Private Bag 92143 AUCKLAND ph +64 9 912 5759 fx + 64 9 912 4077 Mb 029 912 5759 -----Original Message----- From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, 04 May, 2005 23:35 To: council(a)gnso.icann.org Subject: RE: [council] Updated Draft Agenda for GNSO Council teleconference - Thursday 12 May 2005 Bruce, have you forgotten the e-mail sent by Grant re staff work items reporting? Philip

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RE: [council] Updated Draft Agenda for GNSO Council teleconference - Thursday 12 May 2005
by Bruce Tonkin May 5, 2005

May 5, 2005

Hello Philip, > have you forgotten the e-mail sent by Grant re staff work > items reporting? > No I haven't forgotten, I just haven't created a specific agenda item for it. I am expecting the current work items of staff to be reported under each of the agenda items for the meeting on 12 May 2005. If you like, we can pick up any other issues that staff are working on under any other business. Moving forward, I suggest the following approach. (1) A short weekly meeting with the ICANN policy staff to discuss administrative issues. If any Council member would like to participate in this meeting please let me know. (2) A written monthly report from Paul Verhoef on the work done by the ICANN policy staff that relates to the GNSO. (3) A standard agenda item to discuss any questions/issues that arise from the monthly report. Regards, Bruce Tonkin

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ICANN Posts Telcordia Review of Findings
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG May 4, 2005

May 4, 2005

[To:council[at]gnso.icann.org; ga[at]gnso.icann.org] [To:announce[at]gnso.icann.org;liaison6c[at]gnso.icann.org] ICANN Posts Telcordia Review of Findings http://www.icann.org/tlds/dotnet-reassignment/review-of-findings-03may05.pdf Telcordia published a review of their evaluation report in light of letters received from .NET applicants and responded to the questions raised. Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Updated Draft Agenda for GNSO Council teleconference - Thursday 12 May 2005
by Bruce Tonkin May 4, 2005

May 4, 2005

Draft Agenda for Council meeting Thursday 12 May 2005 Coordinated Universal Time UTC 12:00 (5:00 Los Angeles, 8:00 Washington DC, 14:00 Brussels, 22:00 Melbourne) Item 1: Approval of minutes Item 2: Approval of new terms of reference for combined WHOIS task force, and approval of membership and voting rules Item 3: Process for use by ICANN in considering requests for consent and related contractual amendments to allow changes in the architecture operation of a gTLD registry. - review revised preliminary report for publication for public comment Item 4: Transfers policy report - discuss staff report, and provide guidance for the 6 monthly review Item 5: new gtlds - discuss next steps for staff to begin to develop issues reports Item 6: internationalised domain names - follow up on discussion in Mar Del Plata initiated by Board members with respect to the perceived need for policy action in this area - discuss next steps for staff to begin to develop issues report Item 7: Update on ICANN strategic and operational planning process Item 8: Planning for ICANN Luxembourg meeting - appoint member of GNSO to liase with ICANN planning staff Item 9: Any other business

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Updated drafts of registry services approval process
by Bruce Tonkin May 4, 2005

May 4, 2005

Hello All, I have posted an updated draft for discussion in the GNSO Council call next week to the reg-com mailing list. Regards, Bruce Tonkin

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GNSO Council draft minutes Mar del Plata meeting 6 April 2005
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG May 3, 2005

May 3, 2005

[To: council[at]gnso.icann.org] Dear Council Members, Please find the draft minutes of the GNSO Council meeting held in Mar del Plata on 6 April 2005. Please let me know if you would like any changes made. Thank you. Kind regards, Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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New member of the GNSO Council - Norbert Klein
by Bruce Tonkin May 1, 2005

May 1, 2005

Hello All, I have been informed by the chair of the non-commercial constituency (Dr Milton Mueller) that Norbert Klein has been appointed to replace Carlos Afonso. I would like to thank Carlos for his contribution to the Council and welcome Norbert. Regards, Bruce Tonkin

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