[To: council@gnso.icann.org] Dear Council Members, Please find the draft minutes of the GNSO Council meeting in Lisbon on 28 March 2007. Please let me know if you would like any changes made. Thank you. Kind regards. Glen .................................................................... 28 March 2007 Proposed agenda and related documents List of attendees: Philip Sheppard - Commercial & Business Users C. Mike Rodenbaugh - Commercial & Business Users C. Alistair Dixon - Commercial & Business Users C - remote participation Greg Ruth - ISCPC Antonio Harris - ISCPC Tony Holmes - ISCPC - absent - apologies Thomas Keller- Registrars Ross Rader - Registrars Bruce Tonkin - Registrars Chuck Gomes - gTLD registries Edmon Chung - gTLD registries Cary Karp - gTLD registries Kristina Rosette - Intellectual Property Interests C Ute Decker - Intellectual Property Interests C Kiyoshi Tsuru - Intellectual Property Interests C - absent Robin Gross - NCUC.- absent - apologies Norbert Klein - NCUC. Mawaki Chango - NCUC - absent - apologies Sophia Bekele - Nominating Committee appointee Jon Bing - Nominating Committee appointee Avri Doria - Nominating Committee appointee 17 Council Members (23 Votes - quorum) ICANN Staff Dan Halloran - Deputy General Counsel Denise Michel - Vice President, Policy Development Olof Nordling - Manager, Policy Development Coordination Liz Williams - Senior Policy Counselor Maria Farrell - GNSO Policy Officer Karen Lentz - gTLD Registry Liaison Glen de Saint Géry - GNSO Secretariat GNSO Council Liaisons Suzanne Sene - GAC Liaison - absent - apologies Alan Greenberg - ALAC Liaison Quorum present at 10:00 UTC. Transcript Bruce Tonkin chaired this meeting Approval of the agenda Item 1: Update any Statements of Interest No updates Item 2: Approval of the GNSO Council minutes of 15 March 2007 Chuck Gomes moved the adoption of the GNSO Council minutes of 15 March 2007 Motion approved. Tom Keller abstained Approval of the GNSO Council minutes of 15 March 2007 Decision 1: The GNSO Council minutes of 15 March 2007 were adopted. Item 3: WHOIS PDP - summarise outcome of meeting with the GAC - next steps - consider forming an implementation working group to resolve implementation details of concern to some constituencies around OPoC Bruce Tonkin summarised the WHOIS situation. Registrars were currently contractually required to: - provide adequate contact information to facilitate timely resolution of any problems that arise in connection with the registered name - take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration or destruction. Issues arose with the implementation, specified in the Registrars contract, of the above requirements. One implementation issue was that the data be freely available via the port-43, an IETF standard protocol and a second one was that data be available on the worldwide Web based query access via a Web site. The present implementation makes it difficult to protect personal data. The WHOIS task force had attempted to improve the effectiveness of WHOIS services while taking into account the need to ensure privacy protection for the personal data of natural persons. Contention arose around the purpose of WHOIS, and if there were a change in access, how would those who needed to contact people be able to do so acceptably. The WHOIS task force has basically put forward two proposals, the Operational point of Contact Proposal and the Special circumstances proposal, neither of which has received support from more than three of the six GNSO constituencies. The operational point of contact proposal has a simple majority of support within the WHOIS task force. The options open to the Council would be to submit the report to the ICANN Board for a decision or to consider forming one or more working groups to engage in further study to get stronger support for the recommendations presented to the ICANN Board. There was general agreement to form a single working group for further study. The Council passed the following resolution: The GNSO Council resolves: 1) To acknowledge the completion of the Whois TF work and note we have received and discussed their report, and thank the task force for their work 2) To create a working group of affected stakeholders: - including GNSO constituency, law enforcement and community participants, - whose work is to be completed within 120 days - that will work to examine the issues raised with respect to the policy recommendations of the task force and make recommendations concerning how those policies may be improved to address these issues, namely: a. define the roles, responsibilities, and requirements of the operational point of contact, and what happens if they are not fulfilled. b. how legitimate interests will access registration data no longer published via Whois, c. whether a distinction should be made between the registration contact information published based on the nature of the registered name holder (for example, legal vs. natural persons) or its use of the domain name. The motion carried by 20 votes in favour. Kristina Rosette, and Avri Doria, voted against the motion. Ute Decker had already left the meeting at the time of the vote, but requested that her vote against the motion be noted. Decision 3 The GNSO Council resolves: 1) To acknowledge the completion of the Whois TF work and note we have received and discussed their report, and thank the task force for their work 2) To create a working group of affected stakeholders: - including GNSO constituency, law enforcement and community participants, - whose work is to be completed within 120 days - that will work to examine the issues raised with respect to the policy recommendations of the task force and make recommendations concerning how those policies may be improved to address these issues, namely: a. define the roles, responsibilities, and requirements of the operational point of contact, and what happens if they are not fulfilled. b. how legitimate interests will access registration data no longer published via Whois, c. whether a distinction should be made between the registration contact information published based on the nature of the registered name holder (for example, legal vs. natural persons) or its use of the domain name. Item 4. any other business Alan Greenberg, ALAC liaison to the GNSO Council, drew attention to the fact that the ALAC was preparing to ask the ICANN staff to produce an issues report on the add-grace period, and invited GNSO constituency members to assist. Bruce Tonkin formally closed the meeting and thanked everyone for their participation. The meeting ended: 12 :20 UTC Next GNSO Council teleconference will be on 12 April 2007 at 12:00 UTC. see: Calendar Summary of Work Items arising from the minutes: 1. Bruce Tonkin, in collaboration with the ICANN staff, to create a Statement of work for the WHOIS working group to be approved at the next Council meeting on 12 April 2007 -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org