The attached motion is a compromise which was worked out between the CSG and the registries. John Berard, CSG, drafted the original motion which was rejected by the CPH. The CSG seems to be satisfied with the compromise and is asking for ISPCP opinion. So I'm asking whwthwer there is any objection to adopt this motion. Kind regards Wolf-Ulrich ----- Original Message ----- From: john@crediblecontext.com To: Wolf-Ulrich.Knoben@t-online.de ; jaime@powerself.com.br Sent: Thursday, March 31, 2011 5:01 PM Subject: Friendly Amendment on WhoIs Motion Wolf, Jaime: I wonder if we might chat about your (and the ISPs) view of the WhoIs motion as amended? I think you are agreed that there is a need for data on which to base better decisions. I wanted to confirm that and get your take on the modest changes that have resulted from consultations between the BC and the Registries. Let me know. Berard -------- Original Message -------- Subject: [council] FW: Recommendations regarding Whois studies From: "Neuman, Jeff" <Jeff.Neuman@neustar.us>; Date: Wed, March 30, 2011 8:57 pm To: "council@gnso.icann.org" <council@gnso.icann.org> Cc: Steve DelBianco <sdelbianco@netchoice.org>, "Gomes, Chuck" <cgomes@verisign.com>, Kathy Kleiman <kKleiman@pir.org> All, As discussed during the San Francisco Council meeting, members of the RySG met with Liz Gassner and Steve Delbianco to work on the issues that the RySG had with both the current WHOIS resolution motion put on the table by John Berard and the descriptions put out by ICANN staff on the actual WHOIS studies. We are happy to report that we are able to provide the following revised motion on the WHOIS studies which, with these changes, we are now able to support. We are proposing that these changes be accepted as a friendly amendment. I have copied a redline of the motion in this e-mail with strikethroughs representing deletions and red italic text for additions. The attached document discusses the rationale for the changes and provides the changes that we would like to see made to the description of the Whois Privacy and Proxy "Abuse" study. These changes were discussed with Liz and Steve Delbianco as well. We truly hope that this demonstrates our commitment to making progress on these issues and that you find these changes acceptable. Best regards, Jeff Neuman +++++++++++++++++++++++++++++++++++++++++++++++++++++++ Motion made by John Berard & seconded by Debbie Hughes (With Friendly Amendment Proposed by the RySG) Whereas: In October 2007, the GNSO Council concluded that a comprehensive and objective understanding of key factual issues regarding the gTLD WHOIS system would benefit future GNSO policy development efforts (http://gnso.icann.org/resolutions/). Before defining study details, the Council solicited suggestions from the community for specific topics of study on WHOIS. Suggestions were submitted ( http://forum.icann.org/lists/WHOIS-comments-2008/) and ICANN staff prepared a 'Report on Public Suggestions on Further Studies of WHOIS', dated 25-Feb-2008 ( http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report -25feb08.pdf). On 28-Mar-2008 the GNSO Council resolved to form a WHOIS Study Working Group to develop a proposed list, if any, of recommended studies for which ICANN staff would be asked to provide cost estimates to the Council ( http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml). The WHOIS Study WG did not reach consensus regarding further studies, and on 25-Jun-2008 the GNSO Council resolved to form a new WHOIS Hypotheses working group to prepare a list of hypotheses from the 'Report on Public Suggestions on Further Studies of WHOIS' and the GAC letter on WHOIS studies ( http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The WG reported to the Council on 26-Aug-2008. ( https://st.icann.org/Whois-hypoth-wg/index.cgi?Whois_hypotheses_wg#Whois _study_hypotheses_wg_final_report). On 5-Nov-2008, the Council convened a group of Councilors and constituency members to draft a resolution regarding studies, if any, for which cost estimates should be obtained. The Whois Study Drafting Team further consolidated studies including those from the GAC ( http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The Team determined that the six studies with the highest average priority scores should be the subject of further research to determine feasibility and obtain cost estimates. On 04-Mar-2009, Council requested Staff to conduct research on feasibility and cost estimates for selected Whois studies and report its findings to Council. (See Motion 3, http://gnso.icann.org/resolutions/#200903). On 23-Mar-2010, Staff presented a report on the feasibility and cost estimates for the Whois "Misuse" and Whois "Registrant Identification" Studies, finding that each study would cost approximately $150,000 and take approximately one year to complete. ( http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10 -en.pdf). The Whois Registrant Identification study would gather info about how business/commercial domain registrants are identified, and correlate such identification with the use of proxy/privacy services. The ICANN Board approved in Brussels a FY2011 budget that includes at least $400,000 for WHOIS studies (see http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#8). On 8-September-2010 the GNSO Council approved a resolution requesting staff to proceed with the Whois "Misuse" Study, which would explore the extent to which publicly displayed WHOIS data is misused, http://gnso.icann.org/resolutions/#201009. On 5-October-2010, staff provided feasibility and cost analysis for a Whois Privacy and Proxy "Abuse" study, http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05 oct10-en.pdf. This study would compare broad sample of domains registered with a proxy or privacy service provider that are associated with alleged harmful acts with overall frequency of proxy and privacy registrations. This study was estimated to cost $150,000 and take less than a year to complete. On 11-February-2011, staff provided a feasibility and cost analysis for a Whois Proxy and Privacy "Relay and Reveal" study, http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report- 11feb11-en.pdf, which would analyze relay and reveal requests sent for Privacy and Proxy-registered domains to explore and document how they are processed. The staff analysis concluded that it was premature to conduct a full study, and recommended that a pre-study "survey" be conducted first, to determine if launching a full study is feasible to do. Resolved: Council requests ICANN staff to proceed with the WHOIS Registrant Identification Study, as described in Staff's 23-Mar-2010 Report, using the vendor selection process described in Annex of that same report. ( http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10 -en.pdf). Council defers consideration of the WHOIS Registrant Identification Study until the 28 April 2011 meeting and requests that any applicable motions in that regard be submitted not later than 20 April 2011. Further resolved, that the Council requests ICANN staff amend the study to include the RySG proposed changes (insert link) and to proceed with the Whois Privacy and Proxy "Abuse" study, as described in staff's 5-October-2010 report and as amended, using the vendor selection process described in that same report, http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05 oct10-en.pdf. Further resolved, that the Council requests ICANN staff to proceed with the Whois Privacy and Proxy "Relay and Reveal" pre-study survey, as proposed in staff's 11-February-2011 report, http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report- 11feb11-en.pdf. Further resolved, that the Council request that the Board authorize additional funding for FY 2012 for Whois studies, to make up the any shortfall of $130,000 between the amount of "at least $400,000" that was allocated for Whois studies in FY 2011 (and remains unspent), and the total amount needed to conduct the Whois Misuse Study ($150,000); the Whois Registrant Identification Study ($150,000) if subsequently approved; the Proxy/Privacy "Abuse" Study ($150,000); and the Proxy and Privacy "Pre-study" ($80,000), total of $530,000. Further resolved, in recognition that there is a substantial amount of coordination needed to direct this research, that staff be given the discretion to manage the studies serially or in parallel, with a goal of expediting completion of the studies as efficiently as possible. Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy 21575 Ridgetop Circle, Sterling, VA 20166 Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965 / jeff.neuman@neustar.biz <mailto:jeff.neuman@neustar.biz> / www.neustar.biz <http://www.neustar.biz/> Please note new address starting March 21, 2011: 21575 Ridgetop Circle, Sterling VA 20166