April 2012 - Rt4-whois - lists.icann.org

REMINDER - Action items list
by Alice Jansen April 10, 2012

April 10, 2012

Dear Review Team Members, Enclosed, please find the action items list for your convenience. It is also available at: https://community.icann.org/display/whoisreview/Action+Items+-+Spring+2012 Thanks, Kind regards Alice Action Items - Spring 2012 * Revive call schedule (calls to take place on Wednesdays once a week; first call to take place on Wed, 28 March) – Alice [https://community.icann.org/images/icons/emoticons/check.gif] * Review and submit language of recs 5-9 (Data Accuracy) by 28 March - Susan ; Status: Work in progress - Circulate draft by 4 April Rec 5[https://community.icann.org/images/icons/emoticons/check.gif] * Review comments submitted to the Team and Denise's recommendation tracking document – All ; Status: Pending (next conference call) * Propose alternative language for Proxy and Privacy recommendations by 28 March - James + Susan + Peter + Seth ; Status: 1st conference call held - Refer to Seth's draft circulated to the list. Consolidated draft to be emailed by 4 April 11 April * Hold the pen on rec. 3 strategic priority by 28 March -- Emily ; [https://community.icann.org/images/icons/emoticons/check.gif] - Team to submit comments by 4 April 11 April * Find text on accreditation by 28 March -- Kathy ; Status: Work in progress - Circulate draft by 4 April [https://community.icann.org/images/icons/emoticons/check.gif] James to circulate text on hierarchy of enforcement [https://community.icann.org/images/icons/emoticons/check.gif] * Work on language of rec. 17 by 28 March -- Emily; [https://community.icann.org/images/icons/emoticons/check.gif] Members to submit comments by 4 April 11 April * Review language of recs. on IDNs by 28 March-- Sarmad + Kathy + Wilfried + Michael; Status: Work in progress - Circulate draft by 4 April 11 April * Review your chapters and send redline to Seth + Omar + Alice by 21 March-- 13 April * Review body of text in light of comments and integrate changes suggested/required by Members-- Seth + Omar Additional action items (following call held on 28 March): * Draft some language on timeframes and implementation paths in light of the AoC - Susan + Lynn * Respond to Staff's comments for Community's information - All * Strengthen compliance recommendations and add justification to proposal - Peter + Emily + Bill -- 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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DOODLE POLL - Call with ICANN Staff
by Alice Jansen April 10, 2012

April 10, 2012

Dear Review Team Members, As agreed, a conference call with selected ICANN Staff Members will be scheduled for more in-depth discussion of some of the recommendations. Please help us determine the most convenient slot by filing out the enclosed doodle poll link by Tuesday, 10 April – end of your business day http://www.doodle.com/kuheyrc2q4vbir5w Many thanks in advance Kind regards Alice -- 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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Recommendation 5
by Susan Kawaguchi April 10, 2012

April 10, 2012

Please see a proposed revision to recommendation 5 highlighted in yellow. I would like to add the following language to rec 5 as a I fear that ICANN will not act timely on the issues. If we give them the responsibility to provide a clearly defined path forward with each of the recommendations with an imposed timeline to the community we may have a better outcome with these recommendations. 5. ICANN should provide a detailed and comprehensive plan within 3 months after the submission of the Final Whois Review Team report that outlines how ICANN will move forward in implementing these recommendations. ICANN should also provide at least annual status reports on its progress towards achieving the goals set out by this WHOIS Review Team, published by the time the next WHOIS Review Team starts.This report should include tangible, reliable figures needed. Susan Kawaguchi Domain Name Manager Facebook Legal Dept. Phone - 650 485-6064

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Re: [Rt4-whois] Steps toward de-accreditation and sanctions
by James M. Bladel April 9, 2012

April 9, 2012

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Doodle polls - REMINDER
by Alice Jansen April 8, 2012

April 8, 2012

Dear Review Team Members, Please be kindly reminded to complete the following doodle polls: - your next conference call: Wednesday, 11 April http://www.doodle.com/8u92y8qm89np398f Please complete by Monday, 9 April – end of your business day - your call with ICANN Staff: Monday, 14 April or Tuesday, 17 April http://www.doodle.com/kuheyrc2q4vbir5w Please complete by Tuesday, 10 April – end of your business day Many thanks in advance. Kind regards Alice 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 WHOIS-Review
by Alice Jansen April 4, 2012

April 4, 2012

Dear Review Team Members, Please find enclosed the pod content of your conference call held on 4 April. Thanks, Kind regards Alice -- WHOIS Policy Review Team Conference call – 20:00 UTC AGENDA 1. Roll call & apologies 2. Preliminary report (28 March) for your approval – Refer to (AJ)'s email 3. Action items penholders report (refer to https://community.icann.org/display/whoisreview/Action+Items+-+Spring+2012) * Data Accuracy recommendations (SK) * Proxy & Privacy recommendations (SR), (PN), (SK), (JB) * Recommendation 3 & 17 (ET) - reach agreement * Text on accreditation (KK) * IDN recommendations (MY), (KK), (SH), (WW) * Language on timeframes & implementation paths (SK), (LG) * Compliance recommendations (PN), (ET), (BS) 4. Staff report on implementation and tracking 5. Next steps 6. A.O.B PARTICIPANTS Susan Kawaguchi, Emily Taylor, Omar Kaminski, James Bladel, Michael Yakushev, Seth Reiss, Kathy Kleiman, Bill Smith, Lutz Donnerhacke ICANN STAFF Olof Nordling, Alice Jansen, Denise Michel APOLOGIES Peter Nettlefold, Sarmad Hussain NOTES 1. Preliminary report adopted 2. Data Accuracy recs. --> findings ; Emily encouraged Members to ask for clarifications should action items be unclear. Reviewing proposed language for rec. 5 - do we want to include budget implications? 6 months to start implementing - Susan's concern: plan to do that. Expand language: although AoC stipulates 6 months, an interim step should be this comprehensive plan within 3 months. Integrate AoC 6 months + plan should integrate budget implications. Report will be posted for a minimum of 30 days of comments. Analysis + background work go on in parallel. 3 months after comment period or comment period incorporated into 3 months? Note that will also take into account RAA (implementation paths). Helpful to have milestone tracking and clearly articulated work plan (PDP, RAA plan). Proxy, privacy recommendations Susan concerned that leaving out recommendation that relationships be disclosed. Susan agrees that accreditation is what ICANN needs but worried that might take long time. Voluntary practices --> accreditation - Susan's suggestions but do we have support? Disclosure: no pushback - should include it. Seth + Peter not suggesting voluntary system. Seth's suggestion: leave mandatory/voluntary issue out --> might not reach consensus. First voluntary - then evaluate (next RT or point in time) whether that was successful. Still a lot of fact-finding in the policy process. Bill: who is disenfranchised? Seth: we are a Review Team - not our job to solve the problem per say. Not here to make policy. if no agreement reached on mandatory/voluntary - need to go back to findings. Circulate agreed language by the next call. Rec 3 + 17 - Alice to recirculate recommendations - Members to send comments Accreditation text - Recommending the expansion of the tools for the compliance team. James: would be helpful to have hierarchy of enforcement. James + Kathy to work on that. IDN recs. Consensus within subteam needs to be reached first. Circulate draft language prior to the next call Compliance recs. In correspondance with Denise 3. Staff Report - Staff subject matter experts on the phone - better. RAA negotiations + ongoing studies. Can arrange a walking through recommendations call next week. Rec 1 - intend is to collect policies rather than create new ones. Rec 2 - WDRP - fair amount of discussions including in Costa Rica. ICANN currently no contractual authority - staff exploring ways to achieve improvements regarding WHOIS accuracy including items discussed as part of RAA. Note new GNSO consensus policy may be in play on implementation paths.Looking into building compliance tools to measure accuracy. Compliance changed WDRP 2011 audit Rec. 3 information shared on how WHOIS currently treated as priority (budget etc). Rec 4 Articulated outeach activities. New stakeholder outreach program and compliance outreach activities. GNSO recently approved outreach improvements. (Denise to send GNSO's link) Rec 5 Staff understands undeliverable. Follow NORC study or scale it with market? Rec 6/7 - Rec 8 pursuing this goal. Graduated penalties. Part of RAA negotiations. Graduated sanction already in place in RAA Rec 9 RAA requires that links be posted on website Rec 10 Staff exploring various mechanisms to have clear, enforceable requirements. Discussed as part of RAA negotiations. ---> Start with Denise on next call.

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ADOBE ROOM
by Alice Jansen April 4, 2012

April 4, 2012

Please join the Adobe room: http://icann.adobeconnect.com/whois-review/ -- 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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Steps toward de-accreditation and sanctions
by Kathy Kleiman April 4, 2012

April 4, 2012

Hi All, I had the assignment on our "to do" list to "Find text on accreditation." Based on my recollection, this means returning to the 2009 Registrar Accreditation Agreement and finding any text on a more gradual path to de-accreditation for Registrars (not just an "off with your head" and termination of the contract). Indeed, as James shared, there is a new section which we should look at. It's 2.1, under ICANN's obligations, and it allows ICANN to "suspend Registrar's ability to create new Registered Names or initiate inbound transfers of Registered Names for one or more TLDs for up to a twelve (12) month period if (i) ICANN has given notice to Registrar of a breach that is fundamental and material to this Agreement pursuant to Subsection 5.3.4 and Registrar has not cured the breach within the period for cure prescribed by Subsection 5.3.4, or (ii) Registrar shall have been repeatedly and willfully in fundamental and material breach of its obligations at least three (3) times within any twelve (12) month period." That is a new and graduated sanction, so I appreciate James pointing it out. Plus we have the de-accreditation paragraphs in Section 5 (under "termination of agreement by ICANN.") /*James, is there anything further we should be looking at? */Excerpts below and attached (for easier reading). Best, Kathy /*------------------- 2009 RAA -------------------- */ *Excerpts of 2009 RAA* *"2. ICANN OBLIGATIONS.* 2.1 _Accreditation_. During the Term of this Agreement, Registrar is hereby accredited by ICANN to act as a registrar (including to insert and renew registration of Registered Names in the Registry Database) for the TLD(s) that are the subject of appendices to this Agreement according to Subsection 5.5. Notwithstanding the above and except in the case of a good faith disagreement concerning the interpretation of this Agreement, ICANN may, following notice to Registrar, suspend Registrar's ability to create new Registered Names or initiate inbound transfers of Registered Names for one or more TLDs for up to a twelve (12) month period if (i) ICANN has given notice to Registrar of a breach that is fundamental and material to this Agreement pursuant to Subsection 5.3.4 and Registrar has not cured the breach within the period for cure prescribed by Subsection 5.3.4, or (ii) Registrar shall have been repeatedly and willfully in fundamental and material breach of its obligations at least three (3) times within any twelve (12) month period." *** "5.3 _Termination of Agreement by ICANN_. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.3.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Registrar's application for accreditation or any material accompanying the application. 5.3.2 Registrar: 5.3.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of those offenses; or 5.3.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others. 5.3.3 Any officer or director of Registrar is convicted of a felony or of a misdemeanor related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN deems as the substantive equivalent of any of these; provided, such officer or director is not removed in such circumstances. Upon the execution of this agreement, Registrar shall provide ICANN with a list of the names of Registrar's directors and officers. Registrar also shall notify ICANN within thirty (30) days of any changes to its list of directors and officers. 5.3.4 Registrar fails to cure any breach of this Agreement (other than a failure to comply with a policy adopted by ICANN during the term of this Agreement as to which Registrar is seeking, or still has time to seek, review under Subsection 4.3.2 of whether a consensus is present) within fifteen (15) working days after ICANN gives Registrar notice of the breach. 5.3.5 Registrar fails to comply with a ruling granting specific performance under Subsections 5.1 and 5.6. 5.3.6 Registrar continues acting in a manner that ICANN has reasonably determined endangers the stability or operational integrity of the Internet after receiving three (3) days notice of that determination. 5.3.7 Registrar becomes bankrupt or insolvent. This Agreement may be terminated in circumstances described in Subsections 5.3.1 - 5.3.6 above only upon fifteen (15) days written notice to Registrar (in the case of Subsection 5.3.4 occurring after Registrar's failure to cure), with Registrar being given an opportunity during that time to initiate arbitration under Subsection 5.6 to determine the appropriateness of termination under this Agreement. If Registrar acts in a manner that ICANN reasonably determines endangers the stability or operational integrity of the Internet and upon notice does not immediately cure, ICANN may suspend this Agreement for five (5) working days pending ICANN's application for more extended specific performance or injunctive relief under Subsection 5.6. This Agreement may be terminated immediately upon notice to Registrar in circumstance described in Subsection 5.3.7 above. --

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REMINDER - Call today @ 20:00 UTC
by Alice Jansen April 4, 2012

April 4, 2012

Dear Review Team Members, Your next conference call is scheduled for: **Wednesday, 4 April 2012** 20:00 UTC Please check your local time at: http://timeanddate.com/worldclock/fixedtime.html?msg=WHOIS+Call+-+4+April&i… PASSWORD: 27318 followed by # Agenda: https://community.icann.org/display/whoisreview/Call+26+-+04+April+2012 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 -- 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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AGENDA - Call on Wednesday
by Alice Jansen April 4, 2012

April 4, 2012

Dear Review Team Members, As you know, your next call is scheduled for Wednesday, 4 April at 20:00 UTC. Please find enclosed the agenda: 1. Roll call & apologies 2. Preliminary report (28 March) for your approval – Refer to (AJ)'s email 3. Action items penholders report (refer to https://community.icann.org/display/whoisreview/Action+Items+-+Spring+2012) * Data Accuracy recommendations (SK) * Proxy & Privacy recommendations (SR), (PN), (SK), (JB) * Recommendation 3 & 17 (ET) - reach agreement * Text on accreditation (KK) * IDN recommendations (MY), (KK), (SH), (WW) * Language on timeframes & implementation paths (SK), (LG) * Compliance recommendations (PN), (ET), (BS) 4. Staff report on implementation and tracking 5. Next steps 6. A.O.B It may also be found on the public wiki at https://community.icann.org/display/whoisreview/Call+26+-+04+April+2012 Thanks, Very best regards Alice -- 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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