November 2011 - Rt4-whois - lists.icann.org

FW: Adopting Specification 4 of the AGB
by Susan Kawaguchi Nov. 17, 2011

Nov. 17, 2011

Just realized that I did not attach the document to this email last week. From: Susan Kawaguchi Sent: Tuesday, November 08, 2011 11:13 PM To: rt4-whois(a)icann.org Subject: Adopting Specification 4 of the AGB Attached is a draft of recommendations for adopting Specification 4 of the AGB for existing gTlds. At the end of the document are rough thoughts on ICANN creating a voluntary program for registrars to be considered A list registrars. This would recognize the responsible registars and the proactive service they provide. I will not be on the call tonight since it is 3 am my time. Not sure anything I would say would make any sense. Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 Please note my email address has changed to skawaguchi(a)fb.com NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.

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Fwd: draft report
by Emily Taylor Nov. 17, 2011

Nov. 17, 2011

Hi all I promised to circulate another draft. Here it is. My edits start from page 17 and go to the end of the section on compliance. I am not quite happy with my new text on compliance and would welcome your input on that. I will continue to work through and send more edits. Alice - as the report doc now crashes every time I edit it please would you create a clean version which will be easier to read. All - this doesn't mean the edits ARE accepted but will help us to get a measure of how the doc is evolving. All- please let me have your feedback on edits to date. Especially flag ones you care about. To move us forward I will assume you are happy unless I hear from you. So speak up! Kind regards Emily Sent from my iPhone Begin forwarded message: > From: Emily Taylor <emily.taylor(a)oxil.co.uk> > Date: 15 November 2011 09:34:05 GMT > To: emily(a)emilytaylor.eu > Subject: draft report > > > > -- > Emily Taylor MA (Cantab) Solicitor MBA > Business Development Director > > > > Oxford Information Labs Limited > The Magdalen Centre > Oxford OX4 4GA > t: 01865 784294 > m: 07540 049322 > > Legally privileged/Confidential Information may be contained in this message. If you are not the addressee(s) legally indicated in this message (or responsible for delivery of the message to such person) you may not copy or deliver this message to anyone. In such case, you should destroy this message, and notify us immediately. If you or your employer does not consent to Internet e-mail messages of this kind, please advise us immediately. Opinions, conclusions and other information expressed in this message are not given or endorsed by my firm or employer unless otherwise indicated by an authorised representative independent of this message. Please note that we do not accept any responsibility for viruses and we advise you to scan attachments. > Registered office: 37 Market Square, Witney, Oxfordshire OX28 6RE. Registered in England and Wales No. 4520925. VAT No. 799526263. >

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Re: [Rt4-whois] On behalf of Julie Hedlund
by James M. Bladel Nov. 15, 2011

Nov. 15, 2011

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Re: [Rt4-whois] On behalf of Julie Hedlund
by James M. Bladel Nov. 15, 2011

Nov. 15, 2011

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Next steps
by Emily Taylor Nov. 15, 2011

Nov. 15, 2011

Hi all As promised, I'll be working through my comments on the mega-huge draft this week, and circulating to the list. If anyone else feels moved to do this too, please do so, and we'll ask Alice to hold the pen and consolidate the draft s if there are different proposed edits (there are bound to be). My headline thoughts on the draft are: - It's very good in places - The narrative needs to come across more strongly, and having agreed our draft recommendations will help us with this, as will the executive summary. - There are some chunks of text which I'm struggling to know where to fit in (if at all). - Having had our discussion with Compliance, I'm minded to take out a lot of the detail on the compliance effort and append a detailed letter with suggested actions to the report, with conclusions and headline recommendations in the text. Lastly, before our next call, can we think about and circulate any recommendations which fell off the radar screen during the last meeting. The ones I can think of are: - Lutz had a suggestion about some sort of portal which aggregated all WHOIS data and provided reverse look up capability being run by a neutral source (ICANN?). I think this may have grown out of our Thick/Thin discussions, but am not sure. Lutz: would you be happy to draft out some first ideas on this one for us? - Sarmad: We have a placeholder for an IDN recommendation, and also for a brief bit of text for the report. Could you let us have this as soon as possible? Thanks Kind regards Emily -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.

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Compliance letter - information please
by Emily Taylor Nov. 15, 2011

Nov. 15, 2011

Hi Alice You will see from the Compliance letter that James has highlighted a piece of text (paragraph 3.4 on page 6) relating to the objectives of the compliance effort. He has pointed out that this relates exclusively to registries, and I wonder if you can find an equivalent publicly documented statement relating to registries. James suggests that the presentation of the compliance team in London may have the answer. Would you be able to investigate for us, and provide us with a suitable reference? Thanks Emily -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.

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Re: [Rt4-whois] Letter to Compliance (Additional Edit)
by James M. Bladel Nov. 12, 2011

Nov. 12, 2011

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Letter to Compliance (Additional Edit)
by James M. Bladel Nov. 11, 2011

Nov. 11, 2011

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On behalf of Julie Hedlund
by Alice Jansen Nov. 10, 2011

Nov. 10, 2011

Dear Emily Taylor and the WHOIS Review Team members, Per the Board Resolution passed on 28 October 2011 at: http://www.icann.org/en/minutes/resolutions-28oct11-en.htm#5 and listed below, the Board directed staff to forward SAC051 “SSAC Report on WHOIS Terminology and Structure” to ICANN’s Advisory Committees and Supporting Organizations for their advice, if any, with regards to implementing the SSAC recommendations, and to forward SAC 051 to the Whois Review Team. Please refer to SAC051 at:http://www.icann.org/en/committees/security/sac051.pdf and, in particular, to the recommendations listed below. Best regards, Julie Hedlund -- Alice Jansen Assistant, Organizational Reviews 6 Rond Point Schuman, Bt.5 B-1040 Brussels Belgium Direct dial: +32 2 234 78 64 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann

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Note Pod Content from call - 9 Nov
by Alice Jansen Nov. 9, 2011

Nov. 9, 2011

Dear Review Team Members, For your convenience, please find enclosed the note pod content of your call held on 9 November. Kindly note that these are draft notes and that Staff will create a preliminary report. https://community.icann.org/display/whoisreview/Call+23+-+9+November+2011 Please be kindly reminded that conference call material is posted at: Thanks, Kind regards Alice AGENDA 1. Roll-call & apologies 2. Adopt agenda 3. Summary of the Dakar meeting 4. Review the letter to ICANN compliance 5. Discuss (SH) & (WW)'s report on IDNs 6. Status of the User insight study (report or slides?) 7. Discuss (KVA)'s paper on ccTLDs 8. How to meet the 30 November deadline: define an action plan 9. A.O.B PARTICIPANTS Sarmad Hussain, Lutz Donnerhacke, Emily Taylor, James Bladel, Michael Yakushev, Seth Reiss, Kathy Kleiman, Olof Nordling, Alice Jansen APOLOGIES Sharon Lemon, Peter Nettlefold, Denise Michel, Susan Kawaguchi, Bill Smith? NOTES 1. Agenda adopted 2. Dakar activities: (KK) provides an overview. Recommendations still need to be wordsmithed but they represent a balance. (SK) what we are doing on proxy - sufficient? (JB) ok with (SK)'s disclosure proposal but question is: then what? what comes after that? Distinction between what we are doing (fostering security climate, enhanced professionalism, voluntary best pratices). (ET) There might processes for RAA review. Continue (SK)'s thread on the list and craft a recommendation on best practices and end-user education (SK) + (JB) + (KK). Principles >< practices. 3. Letter to compliance - with reference to (JB)'s sentence - look to compliance as a good actor - key awareness of operational challenges involved. (JB) to make edits accordingly by the end of business today. provide explanation on either side or argument (LD) letter contains a lot of issues that did not write down - (ET) to incorporate (LD)'s point (LD) will circulate to text These edits to be approved - next call 4. (SH) - overview IDN paper (MY) addition to this - unify ccTLD & gTLD process. Legal differences betweek gTLD Moscow and ccTLD ru - hard to explain to people. Ease the access to information and friendly-user internet - Possibility to contact in ASCII format (applies to every registrant). (KK) suggestion to work with someone else's recommendations on this. What do we mean by accuracy and what is the tolerable level? Cross that in a recommendation. Issue of IDNs and translation. (ET) let's tease out recommendation bullet points. (SH) and (MY) to bring document to next stage --> 1 or 2 recommendations. (AJ) to send compliance letters' recommendations on policy to (SH) 5. User Insight (AJ) to coordinate with consultant on whether a report will be provided or not. (SK) and (SR) to help (LG) consumer study 6. ccTLDs (KK) include ccTLDs response - appendix. (AJ) to revisit (KVA)'s paper and to circulate compilation crafted in September 7. 30 November deadline Section that are open and cast in stone - indication (SH)'s proposal (ET) poll Members on their November schedule 2 days of time between now and end of November

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Re: [Rt4-whois] Draft letter to compliance - YOUR FEEDBACK PLEASE
by Lutz Donnerhacke Nov. 9, 2011

Nov. 9, 2011

Current: 10. Investigate the reasons why reporting of inaccurate WHOIS data has fallen, despite continuing high levels of inaccurate WHOIS data. Report on the findings. My proposal: 10. Investigate the reasons why reporting of inaccurate WHOIS data has fallen, despite continuing high levels of inaccurate WHOIS data. Classify those findings by assumed valid and compliant use, i.e. privacy or proxy services. Find out, if the users assume special entries to be legitimate despite they are really not compliant.

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Please join the adobe room
by Alice Jansen Nov. 9, 2011

Nov. 9, 2011

http://icann.adobeconnect.com/whois-review/

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Thoughts on Proxy service providers
by Susan Kawaguchi Nov. 9, 2011

Nov. 9, 2011

I know we came to a decision at the Dakar meeting on Proxy registrations but I have been giving this a lot of thought since then. I am uncomfortable with not addressing best practices for proxy registrations. I agree with the argument that a registrar does not have knowledge of the contractual agreement between the proxy service and licensee (or in my view the "true" registrant) if there is no relationship between the proxy service provider and the registrar. For instance, I may request a law firm to register a domain name on behalf of Facebook. The registrar does not have any idea what contractual agreement exists between Facebook and the law firm. A registrar that has a subsidiary set up to provide proxy service or enters into a partnership and recommends a proxy service at the time of registration does have knowledge of that contractual agreement and should be held responsible for the enforceable requirements that we outlined for privacy registrations. I would recommend that a registrar would be required to disclose their relationship with a proxy service provider to ICANN and that proxy service would have to adhere to the enforceable requirements through the registrar's accreditation. The reality of the proxy services is that most are provided by companies that are either a subsidiary of a registrar or in a partnership with a registrar. If we ignore this growing trend of proxy registrations then proxy registrations will continue to significantly impact the accuracy of the WHOIS data. Domains by Proxy runs a responsible and responsive proxy service we should insure that all registrar run proxy service providers provide the same high level of service. Good luck tonight. Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 Please note my email address has changed to skawaguchi(a)fb.com NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.

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REMINDER - Call today @ 11:00 UTC
by Alice Jansen Nov. 9, 2011

Nov. 9, 2011

Dear Review Team Members, Your next conference call is scheduled for: **Wednesday, 9 November 2011** 11:00 UTC Please check your local time at: http://timeanddate.com/worldclock/fixedtime.html?msg=WHOIS+Policy+RT+ConfCa… PASSWORD: 27318 followed by # Agenda: https://community.icann.org/display/whoisreview/Call+23+-+9+November+2011 Adobe room: http://icann.adobeconnect.com/whois-review/ Audio-cast (silent observers): http://stream.icann.org:8000/whois.m3u Dial-in numbers: Please find below a table which encapsulates dial-in numbers for your countries of residence. Should you be traveling, please refer to the full list which is available at: http://www.adigo.com/icann/ Australia 1 800 009 820 1 800 036 775 Sydney T +61 290372962 Melbourne T +61 399996500 Brisbane T +61 731777546 Austria L - 0 800 295 858 M - 0 800 295 138 T - +43 720 882 638 Belgium L - 0800 79210 M – 0800 79218 T - +32 78 480 286 Brazil L - 0800 891 1597 M - 0800 891 1598 T - +55 613 717 2040 Canada 1 800 550 6865 T - +1 213 233 3193 France 0800 90 25 56 T - +33 170618347 Germany L - 0800 1016 120 G - M 0800 1016 124 Russia 8 10 8002 535 3011 T - +7 499 650 7835 United Kingdom 0800 032 6646 T - +44 207 099 0867 United States 1 800 550 6865 T - +1 213 233 3193 T – local toll number ; M – mobile preferred number ; L – landline preferred number Please do not hesitate to contact me should you require a dial-out for this call. Thank you, Very best regards Alice Alice E. Jansen -------------------------- ICANN Assistant, Organizational & Affirmation Reviews alice.jansen(a)icann.org<mailto:alice.jansen@icann.org> Direct Dial: +32.2.234.78.64 Mobile: +32.4.73.31.76.56 Office Fax: +32.2.234.78.48 Skype: alice_jansen_icann -------------------------- 6, Rond Point Schuman B-1040 Brussels, Belgium

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Adopting Specification 4 of the AGB
by Susan Kawaguchi Nov. 9, 2011

Nov. 9, 2011

Attached is a draft of recommendations for adopting Specification 4 of the AGB for existing gTlds. At the end of the document are rough thoughts on ICANN creating a voluntary program for registrars to be considered A list registrars. This would recognize the responsible registars and the proactive service they provide. I will not be on the call tonight since it is 3 am my time. Not sure anything I would say would make any sense. Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 Please note my email address has changed to skawaguchi(a)fb.com NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.

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Material - conference call
by Alice Jansen Nov. 8, 2011

Nov. 8, 2011

Dear Review Team Members, Please find attached material for your conference call tomorrow – 11:00 UTC: Draft report Wiki:https://community.icann.org/display/whoisreviewprivate/Draft+report IDNs Wiki: https://community.icann.org/display/whoisreviewprivate/Internationalization… ccTLDs (+ appendix) Wiki: https://community.icann.org/display/whoisreviewprivate/ccTLD Note from Kim: I have added .nl and .ca. I was not able to read the Nominet report as when I opened the file the text was all blurred out. I have also attached the CIRA policy which I have referenced in my description of the CIRA WHOIS initiatives. Letter to ICANN Compliance Wiki: https://community.icann.org/display/whoisreviewprivate/Letter+to+ICANN+Comp… Thanks, Best regards Alice

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Recommendations
by Emily Taylor Nov. 8, 2011

Nov. 8, 2011

Hi Alice Before our next call, please would you add our agreed recommendations from Dakar into the draft report, and delete all the other recommendations in the text. I think this will clear things up a lot. Thanks Emily -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.

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AGENDA - Confcall 12 October - 21:00 UTC
by Alice Jansen Nov. 8, 2011

Nov. 8, 2011

Dear Review Team Members, As you know, a call is scheduled for Wednesday, 12 October at 21:00 UTC. Please find enclosed the agenda: 1. Roll-call and apologies 2. Adoption of agenda 3. Adoption of preliminary reports * 14 September – conference call * 20-21 September – Marina del Rey face-to–face meeting 4. Chapter penholders: status report 5. User Insight questionnaire: status report 6. Draft report: exchange of views on most recent version (v2 - 10 Oct) 7. Action items: Members report progress made to date 8. Dakar meeting: arrival date, availability to participate in Saturday meeting, use of time etc 9. A.O.B It may also be found on the public wiki at https://community.icann.org/display/whoisreview/Call+22+-+12+October+2011 Thanks, Very best regards Alice

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IDNs
by Denise Michel Nov. 7, 2011

Nov. 7, 2011

Dear Team members, Attached is ICANN Staff's response to the IDN-related questions you conveyed last month. Please let me know if you need additional information. Regards, Denise Denise Michel ICANN Advisor to the President & CEO denise.michel(a)icann.org +1.408.429.3072 mobile +1.310.578.8632 direct

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Re: [Rt4-whois] Draft letter to compliance - YOUR FEEDBACK PLEASE
by Emily Taylor Nov. 7, 2011

Nov. 7, 2011

Seth, James Many thanks for your feedback. It would be helpful if you could suggest some edits in the text to take it on to the next stage. Kind regards Emily On 7 November 2011 17:59, Seth M Reiss <seth.reiss(a)lex-ip.com> wrote: > I think I agree with most of James’ comments concerning what is not within > Compliance’s purview but I am wondering if we cannot keep the content but > soften it so that it does not sound like a directive to Compliance. So, in > other words, Compliance could study and respond to a GNSO’s studies not > because it is obliged to but because it could help improve the quality of > the work that it is tasked with.**** > > ** ** > > As far as shortening, if it’s going to take the form of a letter in the > appendix, I am wondering if shortening is really that important. **** > > ** ** > > Seth **** > > ** ** > > *From:* rt4-whois-bounces(a)icann.org [mailto:rt4-whois-bounces@icann.org] *On > Behalf Of *James M. Bladel > *Sent:* Thursday, November 03, 2011 7:00 AM > *To:* Emily Taylor > *Cc:* rt4-whois(a)icann.org > *Subject:* Re: [Rt4-whois] Draft letter to compliance - YOUR FEEDBACK > PLEASE**** > > ** ** > > Emily and Team: > > My comments / edits attached.**** > > > Thanks--**** > > ** ** > > J.**** > > ** ** > > -------- Original Message -------- > Subject: [Rt4-whois] Draft letter to compliance - YOUR FEEDBACK PLEASE > From: Emily Taylor <emily(a)emilytaylor.eu> > Date: Thu, November 03, 2011 7:09 am > To: rt4-whois(a)icann.org > > Hi all > > In Dakar, as a result of our communications with the Compliance team, we > agreed to lift a lot of the detail out of our report, and write them a > letter with our findings. > > Here is my first draft. I would be grateful for your honest feedback, and > particularly suggestions for shortening it. > > Thanks > > Emily > > > > -- > > > **** > > * > * > > 76 Temple Road, Oxford OX4 2EZ UK > t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 > emily(a)emilytaylor.eu > > *www.etlaw.co.uk* > > Emily Taylor Consultancy Limited is a company registered in England and > Wales No. 730471. VAT No. 114487713.**** > > ** ** > ------------------------------ > > _______________________________________________ > Rt4-whois mailing list > Rt4-whois(a)icann.org > https://mm.icann.org/mailman/listinfo/rt4-whois**** > > -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.

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Re: [Rt4-whois] Draft letter to compliance - YOUR FEEDBACK PLEASE
by James M. Bladel Nov. 7, 2011

Nov. 7, 2011

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Draft letter to compliance - YOUR FEEDBACK PLEASE
by Emily Taylor Nov. 3, 2011

Nov. 3, 2011

Hi all In Dakar, as a result of our communications with the Compliance team, we agreed to lift a lot of the detail out of our report, and write them a letter with our findings. Here is my first draft. I would be grateful for your honest feedback, and particularly suggestions for shortening it. Thanks Emily -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.

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