Dear Bruce, thanks for this. I have just almost completed a redline on this version. I had started trying to offer changes to the earlier version and then saw this when I went through the week end emails, and wanted to work from the latest version. This is just a heads up to all that I'll post a redlined version suggesting changes in a few minutes. Sorry not to get to it earlier. In other words... stay by your PCs! :-) -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Bruce Tonkin Sent: Saturday, May 14, 2005 9:32 PM To: council@gnso.icann.org Cc: gnso-dow123@gnso.icann.org Subject: [council] Third draft of WHOIS task force terms of reference Hello All, Here is a third draft of the WHOIS terms of reference. The main changes are: - ICANN mission statement taken directly from ICANN bylaws - noting that there is a difference between the data collected and the display of that data (presently the agreements assume that everything collected will be publicly displayed - the new draft takes in account that in future some data that is collected may not be placed on public display), I have made it clearer that the present agreements require Registered Name Holders to provide certain data to the Registrar and keep it accurate, the Registrar is required to display this data as part of its WHOIS obligations. The purpose of the WHOIS service (ie the public display of data) is not clearly defined, but the purpose for which data is collected is indirectly defined in clause 3.7.7.3. - at the suggestion of the NCUC I have added the need to take into account international and national privacy laws when defining the purpose of WHOIS. Regards, Bruce Tonkin Third Draft of Terms of Reference for WHOIS task force The mission of The Internet Corporation for Assigned Names and Numbers ("ICANN") is to coordinate, at the overall level, the global Internet's systems of unique identifiers, and in particular to ensure the stable and secure operation of the Internet's unique identifier systems. 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 agreements also require a Registered Name Holder 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 required in the Registrar Accreditation Agreement (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) Define the purpose of the WHOIS service in the context of ICANN's mission, international and national laws protecting privacy, and the changing nature of Registered Name Holders. (2) Define the purpose of the technical and administrative contacts, in the context of the purpose of WHOIS, and the purpose for which the data was collected. Use the definitions from Exhibit C of the Transfers Task force report as a starting point (from http://www.icann.org/gnso/transfers-tf/report-exhc-12feb03.htm): "Contact: Contacts are individuals or entities associated with domain name records. Typically, third parties with specific inquiries or concerns will use contact records to determine who should act upon specific issues related to a domain name record. There are typically three of these contact types associated with a domain name record, the Administrative contact, the Billing contact and the Technical contact. Contact, Administrative: The administrative contact is an individual, role or organization authorized to interact with the Registry or Registrar on behalf of the Domain Holder. The administrative contact should be able to answer non-technical questions about the domain name's registration and the Domain Holder. In all cases, the Administrative Contact is viewed as the authoritative point of contact for the domain name, second only to the Domain Holder. Contact, Billing: The billing contact is the individual, role or organization designated to receive the invoice for domain name registration and re-registration fees. Contact, Technical: The technical contact is the individual, role or organization that is responsible for the technical operations of the delegated zone. This contact likely maintains the domain name server(s) for the domain. The technical contact should be able to answer technical questions about the domain name, the delegated zone and work with technically oriented people in other zones to solve technical problems that affect the domain name and/or zone." (3) 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. 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."