All,

The BC agrees with the WG that further study of WHOIS issues is warranted, however we believe the recommended studies should be conducted in phases so as to potentially conserve ICANN resources in the event that early studies show that later planned studies are not warranted or should be modified.

Here is a proposed resolution from the Business Constituency:

1. The GNSO Council hereby accepts the WG report and acknowledges the tremendous effort by WG participants and ICANN staff. 
2. The GNSO Council particularly recognizes the WG chair for his adept leadership through a contentious and controversial WG process.
3. The GNSO Council does not consider the WG report as an adequate basis for any implementation of OPOC.
4. The GNSO Council requests that ICANN staff proceed with the 4 studies described in Section 8 of the WG report, as follows:
1. Proceed with study 4 on the characteristics of the Whois database first.  This study should include a review and analysis of the different proxy services. 
2. Following completion of study 4, and to the extent it reveals that there is a problem with the current Whois policy, ICANN Staff should proceed with study one – the cost/benefit analysis.  Completion of study 4 should help determine the parameters of the cost/benefit analysis, since the scope of the problem will be known and documented.
3. To the extent that the cost/benefit analysis determines that the benefits of changing the Whois policy exceed the costs, ICANN Staff should proceed with a third study that merges study two on self-certification (this should include an analysis of an ex post facto review mechanism) and study 3 on authentication (which should include authentication of any parties with a legitimate interest in the data).

Thanks.

Mike Rodenbaugh

Officer, Business and Commercial Users Constituency