June 2005 - council - lists.icann.org

Review of Registrar disclosure of WHOIS data policies
by Bruce Tonkin June 8, 2005

June 8, 2005

Hello Maria, As discussed on the Council call last week, all registrars are required to: BEGIN CLAUSE 3.7.7 3.7.7 Registrar shall require all Registered Name Holders to enter into an electronic or paper registration agreement with Registrar including at least the following provisions: 3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8. 3.7.7.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration. 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. 3.7.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating: 3.7.7.4.1 The purposes for which any Personal Data collected from the applicant are intended; 3.7.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); 3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; and 3.7.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. 3.7.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 3.7.7.4. 3.7.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 3.7.7.5 of any such third-party individuals. 3.7.7.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 3.7.7.4 above. 3.7.7.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. 3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. 3.7.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located. 3.7.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. 3.7.7.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration. END CLAUSE 3.7.7 Please audit the web-based registration process of the top 10 registrars, as well as another 10 registrars that use web based registration for the following: (1) Whether the registrar appears to be compliant with clause 3.7.7 during the registration process. (2) Document for each registrar: "The purposes for which any Personal Data collected from the applicant are intended" (3) How each registrar obtains consent to the terms and conditions, options include: Full text of the terms and conditions on a registration page, versus terms and conditions available via a link to a separate webpage. (4) Whether each registrar also provides information about data usage through a privacy page (5) Identify any other method used to inform the registrant of the WHOIS requirements E.g whether the registrar offers some form of service to protect the disclosure of personal contact data (e.g "private registration" services etc) A spreadsheet with the five categories above would probably be the easiest way of collecting the information. Regards, Bruce Tonkin

3 2

RE: [council] Nominet consultation paper on IDN's
by tony.ar.holmes＠bt.com June 7, 2005

June 7, 2005

Bruce I also support Marilyn's proposal for cross SO consultation, and sooner rather than later. Most people are probably already aware that the ITU (SG17) are already starting work on IDNs, fuelled by recent input from the Polish Registry. The nature and scope of that work is still under discussion, but if we don't get to grips with the related policy work on IDNs in ICANN, it's more than likely it will quickly spill over into this activity. That wouldn't be helpful on any front! Regards Tony Tony Holmes -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Marilyn Cade Sent: 07 June 2005 03:00 To: 'Bruce Tonkin'; council(a)gnso.icann.org Subject: RE: [council] Nominet consultation paper on IDN's Thanks, Bruce. I would appreciate having any other relevant documents as fellow Councilors are aware of them. I wonder if we might not benefit from a cross SO consultation and discussion on this important topic, with our "sister" SO, the ccNSO. We have before us the question of working across the SOs on relevant policy issues. Clearly, the IDN issue is a primary candidate for such a discussion. -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Bruce Tonkin Sent: Monday, June 06, 2005 9:36 PM To: council(a)gnso.icann.org Subject: [council] Nominet consultation paper on IDN's Hello All, Given the recent discussion on IDN's by the ICANN Board and on the GNSO Council, Council members may be interested in this consultation paper from Nominet (operator of .co.uk). See: http://www.nominet.org.uk/content/files/PabIdnConsult2Pdf.pdf Regards, Bruce Tonkin

1 0

Nominet consultation paper on IDN's
by Bruce Tonkin June 7, 2005

June 7, 2005

Hello All, Given the recent discussion on IDN's by the ICANN Board and on the GNSO Council, Council members may be interested in this consultation paper from Nominet (operator of .co.uk). See: http://www.nominet.org.uk/content/files/PabIdnConsult2Pdf.pdf Regards, Bruce Tonkin

3 2

RE: [council] GNSO Council review table
by Bruce Tonkin June 7, 2005

June 7, 2005

Thanks Maria. We will go through this on Sunday morning 10 July 2005. Regards, Bruce ________________________________ From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Maria Farrell Sent: Monday, 6 June 2005 6:22 PM To: council(a)gnso.icann.org Subject: [council] GNSO Council review table Dear all, As requested on last week's GNSO Council call, I am re-circulating the GNSO Council review summary. This document incorporates the recommendations made both by the independent review conducted by Patrick Sharry and also the Council's self-review recommendations. It has preliminary responses from staff - however these are still the subject of internal consultation. All the best, Maria

1 0

Re: [gnso-dow123] Uses of WHOIS data
by Marilyn Cade June 6, 2005

June 6, 2005

1 0

Proposed Agenda for GAC working session in Luxembourg on Sunday 10 July 2005, 14:00 to 18:00 hours
by Bruce Tonkin June 6, 2005

June 6, 2005

Hello All, During the last Council call, Suzanne Sene (GAC liaison to the GNSO Council) reported that the GAC is planning a workshop on Sunday 10 July 2005 from 14:00 to 18:00, to which the GNSO, ccNSO, and ASO Councils will be invited. Below is the proposed agenda provided to me by Suzanne. Regards, Bruce Tonkin PROPOSED AGENDA FOR GAC WORKING SESSION LUXEMBOURG, 10 JULY 2005-06-01 THE USE OF DOMAIN NAME AND IP ADDRESS DATA IN COMBATTING ILLEGAL ACTIVITIES ON THE INTERNET Purpose: Broaden understanding of the diverse aspects of domain name and IP address data maintained by registries and registrars, the public display of this data via WHOIS services, and the impact of the data on combating illegal activities on the Internet. Format: Panels of speakers drawn from the ICANN community who are involved in combating illegal activities, including governments/law enforcement agencies, registrars, registries, and ISPs. Session is an invitational working session, intended for all GAC members, with invitation to the Councils of the relevant ICANN Supporting Organizations, relevant ICANN staff and invited guest speakers/participants. The session will not be open to other attendance. Timeframe: 1400 - 1800 [4 hours] Welcoming Comments and Overview of Purpose of the Working Session: GAC WG 1 Convenor, 10 minutes 14:10 - 15:00 SESSION 1 - Setting the Stage: The GNSO past and present work on WHOIS service (this session will provide background on the domain name and IP address data collected and maintained by registries and registrars [and RIRs?], and the evolution of public access to this data via WHOIS services) Opening Speaker: Bruce Tonkin, CTO, Melbourne IT Time: 20 minutes Panel: Past and Present Work of GNSO on WHOIS Policy Past Task Force Co-chairs Marilyn Cade and Antonio Harris will report on previous TF work and resulting consensus policy; and the Current Task Force Chair Jordyn Buchanan will present an overview of the present Task Force's work to date and work in progress Time: 20 minutes Discussion - Questions for Clarification from audience: Facilitator: Chair/Panel Time: 10 - 15 Minutes Session Closure/ Continuity (Chair Summary and introduce second session) 1500-1600: SESSION 2 - Law Enforcement: Experiences and Perspectives (50-60 minutes) NOTE: All proposed organizations/country representatives are tentative/pending Speaker 1 - Interpol (pending) summarise the extent of criminal activity and international collaboration in areas such as child pornography, illegal drug sales, money laundering, trafficking in persons, etc. Speaker: T.B.A. Time: 10 Minutes Speaker 2 - UK law enforcement agency rep (pending) Speaker: T.B.A. Time: 10 minutes Speaker 3 - Australian Law Enforcement (Australian High Tech Crime Centre) describing range of criminal activity (pornography, paedophilia, etc.) (pending) Speaker: T.B.A. Time: 10 Minutes Speaker 4 ?- Other GAC Law enforcement agency (Netherlands, Spain, Japan..?) Discussion: Law enforcement representatives attending share experiences Time: 20 minutes Session Closure/ Continuity (Chair Summary and introduce third session) 16:00 - 17:00 SESSION 3 - The Experiences and Perspectives of Registries, Registrars and ISPs as intermediaries in investigations NOTE: This portion of the agenda remains under development, pending input from the GNSO Council Chair, the ccNSO Council Chair and other potential invited speakers/attendees Panel 1: Registrar and ISP Speakers T.B.A. (up to three) describing the kinds of illegal activities that are being combated, experiences and discussions about steps taken in response, including interactions with law enforcement, pursuing take-down of illegal content, cooperating in investigations, etc. Time frame: 25 minutes [ five to eight minutes each] Panel 2: Registry speakers providing information on data collection/storage policies and public display of some of this data via WHOIS service, experiences with illegal activities and typical requests received from law enforcement agencies. Tentative list includes CENTR representative and European ccTLD representative (e.g. Nominet); possible speakers from .CA, .AU, others? Time: 30 minutes [five min each] 1700-1720: Roundtable responses by Presenters to Questions from Audience/participants Facilitator: Chair and all Presenters Time: 20 Minutes Workshop Closure/Wrap Up: Tour de Table from GAC members regarding their experiences balancing policy goals/relationships/tensions Time: 30 Minutes Summary: GAC GNSO WG Convenor Rapporteur(s): GNSO Secretariat, ICANN staff, and/or GAC Secretariat (need to confirm availability)

1 0

GNSO Council review table
by Maria Farrell June 6, 2005

June 6, 2005

Dear all, As requested on last week's GNSO Council call, I am re-circulating the GNSO Council review summary. This document incorporates the recommendations made both by the independent review conducted by Patrick Sharry and also the Council's self-review recommendations. It has preliminary responses from staff - however these are still the subject of internal consultation. All the best, Maria

1 0

RE: [council] Luxembourg meetings
by Bruce Tonkin June 4, 2005

June 4, 2005

Hello All, > Please let me know off the list if you will be attending the > Luxembourg meetings. The GNSO Council will definitely start > meeting on Sunday 10 July and it is not excluded that the > Council will also meet on Saturday, > 9 July in the afternoon. At this stage I don't envisage any meetings of the full Council on Saturday. For those that arrive early, we may set up some informal meetings with ICANN staff in the afternoon. Sunday morning will be allocated to GNSO Council operational/strategic planning discussions (no votes will be taken), and Sunday afternoon will be allocated to meet with the GAC. Regards, Bruce Tonkin

2 1

Luxembourg meetings
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 2, 2005

June 2, 2005

[To: council[at]gnso.icann.org] Dear Councillors, Please let me know off the list if you will be attending the Luxembourg meetings. The GNSO Council will definitely start meeting on Sunday 10 July and it is not excluded that the Council will also meet on Saturday, 9 July in the afternoon. Please, also let me know if possible your dates of arrival and departure and where you will be staying. Thank you very much. Look forward to seeing you there Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

GNSO Council Teleconf. MP3 recording 2 June 2005
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 2, 2005

June 2, 2005

[To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] [To: liaison6c[at]gnso.icann.org; council[at]gnso.icann.org] Please find the MP3 recording of the GNSO Council teleconference, held on June 2, 2005 at: http://gnso-audio.icann.org/GNSO-Council-20050602.mp3 http://www.gnso.icann.org/calendar/#june Happy listening! -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0