Dear EPDP Team, In response to a question posed by the EPDP Team to ICANN org on Thursday, 8 November, please find the following response: QUESTION: Is making the natural vs legal distinction in WHOIS within the picket fence, i.e., a suitable topic for policy discussion? RESPONSE : Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to Annex G-1 and G-2 of the ICANN Bylaws as well as Specification 1 Section 1.3.4 of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification of the Registrar Accreditation Agreement, which provide that: “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies. Thank you. Best regards, Marika, Berry and Caitlin
Hi Caitlin Thank you for the clarification. However, when you state “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies, who will have access and on what basis? While I appreciate the ICANN may have the right to draft and enforce certain policies, any such policy must be in accordance with applicable law. Isn’t that exactly what we are trying to do in this EPDP? Many thanks Lindsay Lindsay Hamilton-Reid Senior Legal Counsel Direct: +44 (0)1452 509145 | Mobile: +44 (0)7720 091147 | Email: Lindsay.Hamilton-Reid@1and1.co.uk<mailto:Lindsay.Hamilton-Reid@1and1.co.uk> www.fasthosts.co.uk<http://www.fasthosts.co.uk/> www.1and1.co.uk<http://www.1and1.co.uk/> [fh-1and1] © 2015 All rights reserved. Fasthosts is the trading name of Fasthosts Internet Limited. Company registration no. 03656438. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 720821857. 1&1 is the trading name of 1&1 Internet Limited. Company registration no. 03953678. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 752539027. This message (including any attachments) is confidential and may be legally privileged. If you are not the intended recipient, you should not disclose, copy or use any part of it - please delete all copies immediately and notify 1&1 on 0844 335 1211 or Fasthosts on 0333 0142 700. Any statements, opinions or information in this message are provided by the author, not on behalf of 1&1 and/or Fasthosts, unless subsequently confirmed by an individual who is authorised to represent 1&1 and/or Fasthosts. [linkedin]<http://www.linkedin.com/company/fasthosts-internet-ltd>[twitter]<https://twitter.com/Fasthosts>[facebook]<https://www.facebook.com/fasthostsinternet>[gplus]<https://plus.google.com/u/0/b/107582097021398424605/+fasthosts/posts>[blog]<http://blogs.fasthosts.co.uk/>[youtube]<http://www.youtube.com/user/Fasthostsinternet> From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Caitlin Tubergen Sent: 14 November 2018 13:17 To: gnso-epdp-team@icann.org Subject: [Gnso-epdp-team] ICANN org question response Dear EPDP Team, In response to a question posed by the EPDP Team to ICANN org on Thursday, 8 November, please find the following response: QUESTION: Is making the natural vs legal distinction in WHOIS within the picket fence, i.e., a suitable topic for policy discussion? RESPONSE : Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to Annex G-1<https://www.icann.org/resources/pages/bylaws-2018-06-22-en#annexG1> and G-2<https://www.icann.org/resources/pages/bylaws-2018-06-22-en#annexG2> of the ICANN Bylaws as well as Specification 1 Section 1.3.4<https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved...> of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification<https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#cons...> of the Registrar Accreditation Agreement, which provide that: “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies. Thank you. Best regards, Marika, Berry and Caitlin
Hi Lindsay, While I see your point, may I suggest that we focus on the items we’ve been working on in relation with? Access is definitely something we, as community, will need to address but for now my feeling of the discussions is that we have agreed to keep these topics (temp-spec and access) separate. I could be misinterpreting the general feeling, of course, and apologize in advance if I am in fact doing so. Kind regards, Leon Enviado desde mi iPhone El nov. 14, 2018, a la(s) 3:54 p. m., Lindsay Hamilton-Reid <lindsay.hamilton-reid@fasthosts.com> escribió:
Hi Caitlin
Thank you for the clarification. However, when you state “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies, who will have access and on what basis? While I appreciate the ICANN may have the right to draft and enforce certain policies, any such policy must be in accordance with applicable law. Isn’t that exactly what we are trying to do in this EPDP?
Many thanks
Lindsay
Lindsay Hamilton-Reid Senior Legal Counsel Direct: +44 (0)1452 509145 | Mobile: +44 (0)7720 091147 | Email: Lindsay.Hamilton-Reid@1and1.co.uk www.fasthosts.co.uk www.1and1.co.uk <image001.jpg> © 2015 All rights reserved. Fasthosts is the trading name of Fasthosts Internet Limited. Company registration no. 03656438. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 720821857. 1&1 is the trading name of 1&1 Internet Limited. Company registration no. 03953678. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 752539027. This message (including any attachments) is confidential and may be legally privileged. If you are not the intended recipient, you should not disclose, copy or use any part of it - please delete all copies immediately and notify 1&1 on 0844 335 1211 or Fasthosts on 0333 0142 700. Any statements, opinions or information in this message are provided by the author, not on behalf of 1&1 and/or Fasthosts, unless subsequently confirmed by an individual who is authorised to represent 1&1 and/or Fasthosts. <image002.jpg><image003.jpg><image004.jpg><image005.jpg><image006.jpg><image007.jpg>
From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Caitlin Tubergen Sent: 14 November 2018 13:17 To: gnso-epdp-team@icann.org Subject: [Gnso-epdp-team] ICANN org question response
Dear EPDP Team,
In response to a question posed by the EPDP Team to ICANN org on Thursday, 8 November, please find the following response: QUESTION: Is making the natural vs legal distinction in WHOIS within the picket fence, i.e., a suitable topic for policy discussion? RESPONSE : Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to Annex G-1 and G-2 of the ICANN Bylaws as well as Specification 1 Section 1.3.4 of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification of the Registrar Accreditation Agreement, which provide that: “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies.
Thank you.
Best regards,
Marika, Berry and Caitlin
_______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team
Hi Leon That is exactly my point though. This is what we are discussing in relation to replacing the temp spec and making policy recommendations. It must have some basis in law and in fact. Making that distinction in WHOIS would enable public disclosure, which is really same as access if you think about it in those circumstances. Yes, we have tried to keep those topics separate. Many thanks Lindsay Lindsay Hamilton-Reid Senior Legal Counsel Direct: +44 (0)1452 509145 | Mobile: +44 (0)7720 091147 | Email: Lindsay.Hamilton-Reid@1and1.co.uk<mailto:Lindsay.Hamilton-Reid@1and1.co.uk> www.fasthosts.co.uk<http://www.fasthosts.co.uk/> www.1and1.co.uk<http://www.1and1.co.uk/> [fh-1and1] © 2015 All rights reserved. Fasthosts is the trading name of Fasthosts Internet Limited. Company registration no. 03656438. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 720821857. 1&1 is the trading name of 1&1 Internet Limited. Company registration no. 03953678. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 752539027. This message (including any attachments) is confidential and may be legally privileged. If you are not the intended recipient, you should not disclose, copy or use any part of it - please delete all copies immediately and notify 1&1 on 0844 335 1211 or Fasthosts on 0333 0142 700. Any statements, opinions or information in this message are provided by the author, not on behalf of 1&1 and/or Fasthosts, unless subsequently confirmed by an individual who is authorised to represent 1&1 and/or Fasthosts. [linkedin]<http://www.linkedin.com/company/fasthosts-internet-ltd>[twitter]<https://twitter.com/Fasthosts>[facebook]<https://www.facebook.com/fasthostsinternet>[gplus]<https://plus.google.com/u/0/b/107582097021398424605/+fasthosts/posts>[blog]<http://blogs.fasthosts.co.uk/>[youtube]<http://www.youtube.com/user/Fasthostsinternet> From: Leon Sanchez [mailto:leon.sanchez@board.icann.org] Sent: 14 November 2018 16:01 To: Lindsay Hamilton-Reid <lindsay.hamilton-reid@fasthosts.com> Cc: Caitlin Tubergen <caitlin.tubergen@icann.org>; gnso-epdp-team@icann.org Subject: Re: [Gnso-epdp-team] ICANN org question response Hi Lindsay, While I see your point, may I suggest that we focus on the items we’ve been working on in relation with? Access is definitely something we, as community, will need to address but for now my feeling of the discussions is that we have agreed to keep these topics (temp-spec and access) separate. I could be misinterpreting the general feeling, of course, and apologize in advance if I am in fact doing so. Kind regards, Leon Enviado desde mi iPhone El nov. 14, 2018, a la(s) 3:54 p. m., Lindsay Hamilton-Reid <lindsay.hamilton-reid@fasthosts.com<mailto:lindsay.hamilton-reid@fasthosts.com>> escribió: Hi Caitlin Thank you for the clarification. However, when you state “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies, who will have access and on what basis? While I appreciate the ICANN may have the right to draft and enforce certain policies, any such policy must be in accordance with applicable law. Isn’t that exactly what we are trying to do in this EPDP? Many thanks Lindsay Lindsay Hamilton-Reid Senior Legal Counsel Direct: +44 (0)1452 509145 | Mobile: +44 (0)7720 091147 | Email: Lindsay.Hamilton-Reid@1and1.co.uk<mailto:Lindsay.Hamilton-Reid@1and1.co.uk> www.fasthosts.co.uk<http://www.fasthosts.co.uk/> www.1and1.co.uk<http://www.1and1.co.uk/> <image001.jpg> © 2015 All rights reserved. Fasthosts is the trading name of Fasthosts Internet Limited. Company registration no. 03656438. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 720821857. 1&1 is the trading name of 1&1 Internet Limited. Company registration no. 03953678. Registered in England and Wales. Registered office: Discovery House, 154 Southgate Street, Gloucester, GL1 2EX. VAT no. 752539027. This message (including any attachments) is confidential and may be legally privileged. If you are not the intended recipient, you should not disclose, copy or use any part of it - please delete all copies immediately and notify 1&1 on 0844 335 1211 or Fasthosts on 0333 0142 700. Any statements, opinions or information in this message are provided by the author, not on behalf of 1&1 and/or Fasthosts, unless subsequently confirmed by an individual who is authorised to represent 1&1 and/or Fasthosts. <image002.jpg><http://www.linkedin.com/company/fasthosts-internet-ltd><image003.jpg><https://twitter.com/Fasthosts><image004.jpg><https://www.facebook.com/fasthostsinternet><image005.jpg><https://plus.google.com/u/0/b/107582097021398424605/+fasthosts/posts><image006.jpg><http://blogs.fasthosts.co.uk/><image007.jpg><http://www.youtube.com/user/Fasthostsinternet> From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Caitlin Tubergen Sent: 14 November 2018 13:17 To: gnso-epdp-team@icann.org<mailto:gnso-epdp-team@icann.org> Subject: [Gnso-epdp-team] ICANN org question response Dear EPDP Team, In response to a question posed by the EPDP Team to ICANN org on Thursday, 8 November, please find the following response: QUESTION: Is making the natural vs legal distinction in WHOIS within the picket fence, i.e., a suitable topic for policy discussion? RESPONSE : Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to Annex G-1<https://www.icann.org/resources/pages/bylaws-2018-06-22-en#annexG1> and G-2<https://www.icann.org/resources/pages/bylaws-2018-06-22-en#annexG2> of the ICANN Bylaws as well as Specification 1 Section 1.3.4<https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved...> of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification<https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#cons...> of the Registrar Accreditation Agreement, which provide that: “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies. Thank you. Best regards, Marika, Berry and Caitlin _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org<mailto:Gnso-epdp-team@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdp-team
Dear Caitlin, I understand this answer addresses access to existing registration data, but not mandating collection of new data (the topic of the question)? Julf On 14-11-18 14:16, Caitlin Tubergen wrote:
Dear EPDP Team,
In response to a question posed by the EPDP Team to ICANN org on Thursday, 8 November, please find the following response:
QUESTION: Is making the natural vs legal distinction in WHOIS within the picket fence, i.e., a suitable topic for policy discussion?
RESPONSE : Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to Annex G-1 <https://www.icann.org/resources/pages/bylaws-2018-06-22-en#annexG1> and G-2 <https://www.icann.org/resources/pages/bylaws-2018-06-22-en#annexG2> of the ICANN Bylaws as well as Specification 1 Section 1.3.4 <https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved...> of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification <https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#cons...> of the Registrar Accreditation Agreement, which provide that: “maintenance of andaccess to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies.
Thank you.
Best regards,
Marika, Berry and Caitlin
_______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team
Hello Julf and Team, Please find ICANN org's response to this question below: QUESTION: I understand this answer addresses access to existing registration data, but not mandating collection of new data (the topic of the question)? RESPONSE : Yes, maintenance and access to registration data generally is within the list of allowed topics, whether it is existing fields or new ones that the GNSO might recommend. Thank you. Best regards, Marika, Berry and Caitlin On 11/14/18, 8:50 AM, "Gnso-epdp-team on behalf of Johan Helsingius" <gnso-epdp-team-bounces@icann.org on behalf of julf@julf.com> wrote: Dear Caitlin, I understand this answer addresses access to existing registration data, but not mandating collection of new data (the topic of the question)? Julf On 14-11-18 14:16, Caitlin Tubergen wrote: > Dear EPDP Team, > > > > In response to a question posed by the EPDP Team to ICANN org on > Thursday, 8 November, please find the following response: > > QUESTION: Is making the natural vs legal distinction in WHOIS within the > picket fence, i.e., a suitable topic for policy discussion? > > RESPONSE : Yes, access to gTLD registration data generally is one of the > allowed topics for consensus policy as set forth in ICANN > Bylaws and registry and registrar agreements. (That list of topics is > referred to by some as “the picket fence”). Please refer to Annex G-1 > <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources...> and G-2 > <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources...> of > the ICANN Bylaws as well as Specification 1 Section 1.3.4 > <https://urldefense.proofpoint.com/v2/url?u=https-3A__newgtlds.icann.org_site...> of > the Base Registry Agreement and the Consensus Policies and Temporary > Policies Specification > <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources...> of > the Registrar Accreditation Agreement, which provide that: “maintenance > of andaccess to accurate and up-to-date information concerning domain > name registrations” is one of the topics on which ICANN may enforce > consensus policies. > > > > Thank you. > > > > Best regards, > > > > Marika, Berry and Caitlin > > > > > > > > _______________________________________________ > Gnso-epdp-team mailing list > Gnso-epdp-team@icann.org > https://mm.icann.org/mailman/listinfo/gnso-epdp-team > _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team
Thank you, Caitlin. Julf On 20-11-18 01:49, Caitlin Tubergen wrote:
Hello Julf and Team,
Please find ICANN org's response to this question below:
QUESTION: I understand this answer addresses access to existing registration data, but not mandating collection of new data (the topic of the question)?
RESPONSE : Yes, maintenance and access to registration data generally is within the list of allowed topics, whether it is existing fields or new ones that the GNSO might recommend.
Thank you.
Best regards,
Marika, Berry and Caitlin
On 11/14/18, 8:50 AM, "Gnso-epdp-team on behalf of Johan Helsingius" <gnso-epdp-team-bounces@icann.org on behalf of julf@julf.com> wrote:
Dear Caitlin,
I understand this answer addresses access to existing registration data, but not mandating collection of new data (the topic of the question)?
Julf
On 14-11-18 14:16, Caitlin Tubergen wrote: > Dear EPDP Team, > > > > In response to a question posed by the EPDP Team to ICANN org on > Thursday, 8 November, please find the following response: > > QUESTION: Is making the natural vs legal distinction in WHOIS within the > picket fence, i.e., a suitable topic for policy discussion? > > RESPONSE : Yes, access to gTLD registration data generally is one of the > allowed topics for consensus policy as set forth in ICANN > Bylaws and registry and registrar agreements. (That list of topics is > referred to by some as “the picket fence”). Please refer to Annex G-1 > <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources...> and G-2 > <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources...> of > the ICANN Bylaws as well as Specification 1 Section 1.3.4 > <https://urldefense.proofpoint.com/v2/url?u=https-3A__newgtlds.icann.org_site...> of > the Base Registry Agreement and the Consensus Policies and Temporary > Policies Specification > <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources...> of > the Registrar Accreditation Agreement, which provide that: “maintenance > of andaccess to accurate and up-to-date information concerning domain > name registrations” is one of the topics on which ICANN may enforce > consensus policies. > > > > Thank you. > > > > Best regards, > > > > Marika, Berry and Caitlin > > > > > > > > _______________________________________________ > Gnso-epdp-team mailing list > Gnso-epdp-team@icann.org > https://mm.icann.org/mailman/listinfo/gnso-epdp-team >
_______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team@icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team
participants (4)
-
Caitlin Tubergen -
Johan Helsingius -
Leon Sanchez -
Lindsay Hamilton-Reid