[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] [To:gnso-dow123[at]gnso.icann.org] Dear Councillors, Just a reminder that the GNSO Constituencies should prepare their constituency statements on: Tasks 1 and 2 from the Terms of Reference for the combined WHOIS Task Force. http://gnso.icann.org/policies/terms-of-reference.html (see below for full text) Constituency statements are required by 21 JULY 2005. http://www.gnso.icann.org/calendar/#july Councillors should forward this request to their constituencies, and may wish to encourage development of these statements during the meetings in Luxembourg. Please take note of the ICANN bylaws detailing the GNSO policy development process which outline the essential elements of a constituency statement. These requirements are included at the bottom of this email. Kind regards, Glen (1) Define the purpose of the WHOIS service in the context of ICANN's mission and relevant core values, international and national laws protecting privacy of natural persons, international and national laws that relate specifically to the WHOIS service, and the changing nature of Registered Name Holders. (2) Define the purpose of the Registered Name Holder, technical, and administrative contacts, in the context of the purpose of WHOIS, and the purpose for which the data was collected. Use the relevant 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. Domain Holder: The individual or organization that registers a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid. This person or organization is the "legal entity" bound by the terms of the relevant service agreement with the Registry operator for the TLD in question." ******************************************************************** The constituency statements should ideally be consistent with the ICANN bylaws - GNSO Policy-Development Process. http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#AnnexA Section 7, d. Collection of Information. 1. Constituency Statements. The Representatives will each be responsible for soliciting the position of their constituencies, at a minimum, and other comments as each Representative deems appropriate, regarding the issue under consideration. This position and other comments, as applicable, should be submitted in a formal statement to the task force chair (each, a "Constituency Statement") within thirty-five (35) calendar days after initiation of the PDP. Every Constituency Statement shall include at least the following: (i) If a Supermajority Vote was reached, a clear statement of the constituency's position on the issue; (ii) If a Supermajority Vote was not reached, a clear statement of all positions espoused by constituency members; (iii) A clear statement of how the constituency arrived at its position(s). Specifically, the statement should detail specific constituency meetings, teleconferences, or other means of deliberating an issue, and a list of all members who participated or otherwise submitted their views; (iv) An analysis of how the issue would affect the constituency, including any financial impact on the constituency; and (v) An analysis of the period of time that would likely be necessary to implement the policy. Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org