I have a question, based on a discussion with a BC member. I don't think that "privacy rights" quite fully captures the topic. For instance, one issue is the use of data of private persons -- e.g. identifiable information. Here, there may be a need for a limitation against use of such data to create new products which are not related to the operation of a registry. Another issue is information that is about "uses" by any single entity, or even an aggregate of users, as a category of users, and how such data should be used, internally and externally. For example, a "thick" registry could develop a list of registered businesses by category based on information from the WHOIS, validate that the web sites are live and what kinds of businesses they are, and sell a marketing list to other third parties. That would clearly not be a product or service related to the operation of the registry. I'm not sure that would be called a "privacy" right, but it would fall into the areas to be explored, as an example. Item 1a references "privacy rights" as though the incumbent registry may have "privacy rights". Is the question whether the incumbent has any proprietary rights, and if so, what they are? And whether those rights must be shared in a non discriminatory and cost based manner? Marilyn Cade -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Bruce Tonkin Sent: Thursday, February 16, 2006 11:43 PM To: council@gnso.icann.org Subject: [council] PDP-Feb06 - Terms of reference no. 5 Hello All, As discussed on the call today, here is a suggested revision of item 5 of the terms of reference: 5. Uses of "registry data" "Registry data" is available to the registry as a consequence of registry operation. Examples of registry data could include information on domain name registrants, information in domain name records, and traffic data associated with providing the DNS resolution services associated with the registry. 5a. Examine the differences in registry data available to "thin" and "thick" registries and which privacy rights exist in such registry data. 5b. Examine how the use of registry data can enhance services to registry clients BY THE REGISTRY, OR BY OTHER THIRD PARTIES 5c. Determine whether any allowances should be made for non-discriminatory access BY THIRD PARTIES to registry data. 5d. Determine whether the uses of registry data should be restricted. Regards, Bruce Tonkin