April 2006 - council - lists.icann.org

GNSO Council motions 12 April 2006
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG April 12, 2006

April 12, 2006

[To council[at]gnso.icann.org] Dear Council Members, Ahead of complete minutes of the GNSO Council teleconference held on 12 April 2006, Council passed the following motions: Motion 1 "The GNSO Council recommends that the WHOIS task force use the following definition: "The purpose of the gTLD Whois service is to provide information sufficient to contact a responsible party for a particular gTLD domain name who can resolve, or reliably pass on data to a party who can resolve, issues related to the configuration of the records associated with the domain name within a DNS nameserver." as a working definition to allow the task force to proceed on terms of reference (2), (3), and (4) (see: http://gnso.icann.org/policies/terms-of-reference.html )" 18 Votes in favour, 9 votes against Motion 2 "The GNSO Council proposes opening nominations for candidates for ICANN Board seat #14 for a period of 21 days from Sunday 16 April to Saturday 6 May 2006." Unanimously accepted. Motion 3 The GNSO Council thanked Michael Palage for his time on the ICANN Board and his willingness to communicate and work close to the GNSO Council during that period. Unanimously accepted. Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

2 1

Fw: [council] Regarding data collected and the purpose of collecting data
by Anthony Harris April 12, 2006

April 12, 2006

Ross, You might also say: parturient montes, nascetur ridiculus mus (Mountains will be in labour, and an ridiculous mouse will be born So much work and the result is ridiculous) But that can happen when the issue at stake is complicated, and opposing views are based on firm convictions.... Tony Harris > > ----- Original Message ----- > From: "Ross Rader" <ross(a)tucows.com> > Cc: <council(a)gnso.icann.org> > Sent: Wednesday, April 12, 2006 9:56 AM > Subject: Re: [council] Regarding data collected and the purpose of > collecting data > > >> Anthony Harris wrote: >>> In that case you might possibly not be in a position to >>> qualify the entire period as 'dilly-dallying at >>> the task force level' ? >> >> Perhaps not, but the Whois policy output is de minimis. Except in this >> case, the saying "de minimis non curat praetor" (the law is not >> interested in trivial matters) doesn't seem to hold true. >> >> -- >> >> -rr >> >> >> >> >> >> >> >> >> "Don't be too timid and squeamish about your actions. >> All life is an experiment. >> The more experiments you make the better." >> - Ralph Waldo Emerson >> >> >> Contact Info: >> Ross Rader >> Director, Research & Innovation >> Tucows Inc. >> c. 416.828.8783 >> >> Get Started? http://start.tucows.com >> My Blogware: http://www.byte.org >> >> >

1 0

RE: [council] Proposed dates for GNSO Council and task force meetings in second quater
by Cubberley, Maureen (CHT) April 12, 2006

April 12, 2006

My responses noted below.......please see my note regarding proposed face to face work session in Brussels Best regards. Maureen -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of GNSO.SECRETARIAT(a)GNSO.ICANN.ORG Sent: Tuesday, April 11, 2006 11:16 AM To: council(a)gnso.icann.org Subject: [council] Proposed dates for GNSO Council and task force meetings in second quater [To: council[at]gnso.icann.org] Dear Council Members, This is a resend as a reminder for tomorrow's Council call of some proposed dates for Council teleconference meetings and face to face working sessions for the second quarter up to the Marrakesh meetings on 26-30 June 2006: Wednesday 12 April GNSO Council teleconference - Summer time in Europe 12:00 UTC (there will be voting on this call so please indicate whether you will be present as there are no proxies) ........I plan to participate in this call. Thursday 18 May GNSO Council teleconference - 12:00 UTC ........I plan to participate in this call. Thursday afternoon 25 May, Friday all day 26 May, Saturday all day 27 May - proposed face to face policy work session in Brussels ........I plan to participate in this meeting, and I do agree with Ross that a hub city would be more convenient. Is there a cost saving to be realized by having the meeting at the ICANN office in Brussells, when compared with the cost of second flights from a hub city to Brussels? Thursday 8 June GNSO Council teleconference - 12:00 UTC ........I unable to participate in this call due to a longstanding commitment. Friday 9 June proposed new PDP-Feb06 task force teleconference (time to be decided) ........I *unable to participate* in this call due to the same longstanding commitment. Thursday 15 June GNSO Council teleconference - 12:00 UTC (just before Marrakesh meeting) ........I able to participate in this call. Thank you very much. Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

3 2

RE: [council] Regarding data collected and the purpose of collecting data
by Bruce Tonkin April 12, 2006

April 12, 2006

Hello Philip, > > I agree. It is not my logic. I am NOT making the assertion in (2). > You assume that because a Registrar agreement TODAY requires > public access, that is the status quo upon which we are > defining the purpose of WHOIS. > In other words you are defining purpose only in the context > of the current means of access. Well WHOIS only exists within a section of the agreement that relates to public access. WHOIS is really a protocol that is suitable for public access but not especially suitable for other forms of access. I think we are first trying to determine what should be available publicly. If some data that is currently public, is no longer public, this then raises the important issue of who can get access to the non-public information and how they would get access to the information. Once this is determined - you can then look at what technologies are available (e.g CRISP) to implement such policies. > A vote on Wednesday will not be a solution. Agreed. However we need to move forward to focus on a solution. Terms of reference no. 3 is quite clear: "Determine what data collected should be available for public access in the context of the purpose of WHOIS. Determine how to access data that is not available for public access." This is indeed the heart of the issue and the sooner we spend time on that the better. Regards, Bruce Tonkin Registrars rep on GNSO Council.

8 17

Proposed dates for GNSO Council and task force meetings in second quater
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG April 12, 2006

April 12, 2006

[To: council[at]gnso.icann.org] Dear Council Members, This is a resend as a reminder for tomorrow's Council call of some proposed dates for Council teleconference meetings and face to face working sessions for the second quarter up to the Marrakesh meetings on 26-30 June 2006: Wednesday 12 April GNSO Council teleconference - Summer time in Europe 12:00 UTC (there will be voting on this call so please indicate whether you will be present as there are no proxies) Thursday 18 May GNSO Council teleconference - 12:00 UTC Thursday afternoon 25 May, Friday all day 26 May, Saturday all day 27 May - proposed face to face policy work session in Brussels Thursday 8 June GNSO Council teleconference - 12:00 UTC Friday 9 June proposed new PDP-Feb06 task force teleconference (time to be decided) Thursday 15 June GNSO Council teleconference - 12:00 UTC (just before Marrakesh meeting) Thank you very much. Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

5 4

Robert's Rules on Amendments
by Ross Rader April 12, 2006

April 12, 2006

Improper Amendments. An amendment is not in order which is not germane to the question to be amended; or merely makes the affirmative of the amended question equivalent to the negative of the original question; or is identical with a question previously decided by the assembly during that session; or changes one form of amendment to another form; or substitutes one form of motion for another form; or strikes out the word Resolved from a resolution; or strikes out or inserts words which would leave no rational proposition before the assembly; or is frivolous or absurd. An amendment of an amendment must be germane to -- that is, must relate to -- the subject of the amendment as well as the main motion. No independent new question can be introduced under cover of an amendment. But an amendment may be in conflict with the spirit of the original motion and still be germane, and therefore in order. -- -rr "Don't be too timid and squeamish about your actions. All life is an experiment. The more experiments you make the better." - Ralph Waldo Emerson Contact Info: Ross Rader Director, Research & Innovation Tucows Inc. c. 416.828.8783 Get Started? http://start.tucows.com My Blogware: http://www.byte.org

1 0

RE: [council] Proposed dates for GNSO Council and task force meetings in second quater
by Ute Decker April 12, 2006

April 12, 2006

Thank you Glen, I will be on the call today, in Brussels on 25-27 May, on the PDP feb06 call on 9 June, and will have to let you know about the other Council calls closer to the time. Best wishes Ute Ute Decker IFPI Secretariat Tel: +44 (0)20 7878 7954 -----Original Message----- From: GNSO.SECRETARIAT(a)GNSO.ICANN.ORG [mailto:gnso.secretariat@gnso.icann.org] Sent: 11 April 2006 17:16 To: council(a)gnso.icann.org Subject: [council] Proposed dates for GNSO Council and task force meetings in second quater [To: council[at]gnso.icann.org] Dear Council Members, This is a resend as a reminder for tomorrow's Council call of some proposed dates for Council teleconference meetings and face to face working sessions for the second quarter up to the Marrakesh meetings on 26-30 June 2006: Wednesday 12 April GNSO Council teleconference - Summer time in Europe 12:00 UTC (there will be voting on this call so please indicate whether you will be present as there are no proxies) Thursday 18 May GNSO Council teleconference - 12:00 UTC Thursday afternoon 25 May, Friday all day 26 May, Saturday all day 27 May - proposed face to face policy work session in Brussels Thursday 8 June GNSO Council teleconference - 12:00 UTC Friday 9 June proposed new PDP-Feb06 task force teleconference (time to be decided) Thursday 15 June GNSO Council teleconference - 12:00 UTC (just before Marrakesh meeting) Thank you very much. Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

FW: [council] Regarding data collected and the purpose of collecting data
by Philip Sheppard April 12, 2006

April 12, 2006

Mawaki, you ask some direct questions. Here are my replies. Q1. If I understand well, are you saying that your proposed definition of the purpose for which the data is collected does not imply that the WHOIS data must remain publicly accessible? A: Correct. These are separate issues. Q2. It turns out to be that, whether you like it or not, the objective of this policy development and TF is to address the issue of the WHOIS data being made public, as any one can clearly see from the three points of the ToR recalled by Ross: a) Figure out if the current data being published is appropriate (whether it should be broadened or narrowed) b) Figure out if all of this data should be made public. c) Specify how data that is not being made public can be accessed. A: YES. This is exactly the issue. Different people are making different starting assumptions. But my assumption is a different sequence to Ross's. a) Define the purposes for which we want data. b) THEN, determine access to that data taking into account privacy needs. (I am absolutely in favour of data privacy - my own included!). Q3. Do you think the question of determining whether the WHOIS data must be publicly available or not (as your refined proposal remains silent on this, while it was the job of the TF to find out), so do you think it is a question the GNSO Council should not bother asking? A: This is a key question for the GNSO. Q4. Do you think it ICANN's mission to cater for law enforcement, just because there might be unlawful deeds over the Net? A: ICANN's earliest and most successful consensus policy is the UDRP. That is all about fairness and consumer protection.We cannot ignore this key issue. If we do governments will rightly condemn us.If we have no interest in this why did we start the PDP? Q5. Don't you think the law provides, or can provide, enough itself with the means of its own enforcement, so that it doesn't need ICANN to take on the mission of a surrogate for law enforcement? A: We are seeking to make the way we are now using WHOIS compliant with law, not vice versa. Under EU data protection laws (and most other such laws) it is illegal to use data for any purpose other than that for which it was originally collected. So if we as ICANN say WHOIS data is only for purposes of connectivity, we are saying it should never be used for reasons of consumer/user protection. At this point we have to rely on the hundreds of diverse Registrar and reseller contracts to get the wording right. I trust Ross's organisation. I trust my own registrar. I don't trust all of them. That is to my mind a lack of due diligence. Philip

1 0

RE: [council] Proposed dates for GNSO Council and task force meetings in second quater
by Alistair DIXON April 12, 2006

April 12, 2006

Glen I can confirm that I can do the call tonight (for me) and the 18 May, 8 June and 9 June calls. As I previously indicated, I can't confirm whether I will be able to attend the Brussels face-to-face because it is likely I will have work commitments at that time which would prevent me from travelling. Alistair Alistair Dixon Industry and Regulatory Affairs Ph +64 4 920 3098 (Wellington) Telstra Clear Ltd Ph +64 29 912 4301 (mobile) PO Box 1271 Ph +64 9 912 4301 (Auckland) Centreport Fax +64 4 920 3588 Wellington alistair.dixon(a)team.telstraclear.co.nz -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org]On Behalf Of GNSO.SECRETARIAT(a)GNSO.ICANN.ORG Sent: Wednesday, 12 April 2006 04:16 To: council(a)gnso.icann.org Subject: [council] Proposed dates for GNSO Council and task force meetings in second quater [To: council[at]gnso.icann.org] Dear Council Members, This is a resend as a reminder for tomorrow's Council call of some proposed dates for Council teleconference meetings and face to face working sessions for the second quarter up to the Marrakesh meetings on 26-30 June 2006: Wednesday 12 April GNSO Council teleconference - Summer time in Europe 12:00 UTC (there will be voting on this call so please indicate whether you will be present as there are no proxies) Thursday 18 May GNSO Council teleconference - 12:00 UTC Thursday afternoon 25 May, Friday all day 26 May, Saturday all day 27 May - proposed face to face policy work session in Brussels Thursday 8 June GNSO Council teleconference - 12:00 UTC Friday 9 June proposed new PDP-Feb06 task force teleconference (time to be decided) Thursday 15 June GNSO Council teleconference - 12:00 UTC (just before Marrakesh meeting) Thank you very much. Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

Regarding links between the display of email addresses in WHOIS and general SPAM
by Bruce Tonkin April 11, 2006

April 11, 2006

Hello All, Just a comment to provide some balance. I have often heard registrants state that they receive SPAM to their email address because it is published in the WHOIS. This may well be true, however it is worth noting that a person's email address is often available from many other Internet sources. For example the email addresses of Council members are publicly available at: http://www.gnso.icann.org/council/members.shtml Whenever you post to this list, your email address is publicly available. Whenever you post to any online Internet forum your email address can be harvested. Likewise many phone numbers displayed in the WHOIS are readily available online from the online telephone directories. So WHOIS is not the only source of email addresses used for SPAM. I suspect that most general untargeted SPAM (e.g offers for enlargements of parts of ones body, financial scams etc), does not originate from WHOIS. Where I can definitely say that WHOIS has been harvested is when the unsolicited marketing messages relate to the context of WHOIS and domain names. The most common example is domain name renewal notices sent to the postal address displayed in the WHOIS along with the expiry date. Or when a domain name is registered, and the registrant is phoned the next day noting that the domain name has been registered, and asking if the registrant would like to get web hosting services. Regards, Bruce Tonkin Registrars rep to GNSO Council

1 0