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[nc-whois] WHOIS task force minutes Jan. 7, 2003
[To: nc-whois]
Please find the minutes of the WHOIS TASK FORCE teleconference held on
January 7, 2003.
Text version of the minutes to follow.
Please address any changes you would like made to:
DNSO.Secretariat@dnso.org
Thank you very much,
GNSO Secretariat
Title: notes/20021114.NCteleconf-agenda.html
ICANN/DNSO
GNSO WHOIS Task Force Teleconference on 7 January 2003
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Attendees:
ISP - Tony Harris - co- chair
BC - Marilyn Cade - co-chair
Registrars- GNSO Council Chair - Bruce Tonkin
Registrars - Ken Stubbs
BC - Bret Fausett
Former GA - Thomas Roessler
Former GA additional - Abel Wisman
Former GA additional - Kristy McKee
IPC - Steve Metalitz
Non Com Users Constit. - Ruchika Agrawal
GNSO Sec - Glen de Saint Géry
Bruce Tonkin, GNSO Council
Chair, a guest on the call, was asked to discuss the WHOIS implementation committee
with the task force members.
Bruce Tonkin explained that
the documents sent to the task force were an abbreviated starting point for
the implementation committee. (The word "Committee" was chosen as
a neutral term.)
http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00805.html
http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00806.html
In the WHOIS Recommendations related to accuracy of data, three areas were
extracted under "new obligations" that would be created.
(A) EXISTING contractual requirements relating to accuracy in the Registrar
Accreditation Agreement (http://www.icann.org/registrars/ra-agreement-17may01.htm)
(B) WHOIS Task Force Recommendations on Accuracy related to ICANN Obligations
(C) WHOIS Task Force Recommendations on Accuracy related to Registrar Obligations
In the WHOIS Recommendations related to Bulk Access:
(A) EXISTING contractual requirements relating to provision of WHOIS in the
Registrar Accreditation Agreement (http://www.icann.org/registrars/ra-agreement-17may01.htm)
(B) WHOIS Task Force Recommendations on bulk access related to Registrar Obligations
Bruce Tonkin suggested starting with the recommendation that the task force
wanted to change, and if the change was not accepted, then move on to the alternate
recommendation.
Bruce Tonkin went on to clarify further that the implementation committee
would go through the recommendations, comment on the issues and tighten up the
language.
Steve Metalitz commented on the usefulness of condensing the recommendations.
Ruchika Agrawal asked whether the implementation committee would define
what was meant by "marketing activities"?
This led to a broader question on the function of the implementation committee
versus policy clarification when an issue should be sent back to the task force
by the GNSO Council. Feedback would be needed from the ICANN staff as to whether
it could be enforced.
The task force expressed concerns about the marketing use of data.
Thomas Roessler suggested changing the intent. The recommendation as
it stands places a restriction in the bulk access agreement.
Steve Metalitz raised the point that bulk data for marketing purposes
overall or only applying to bulk access in the contract? Would the registrar
still be able to make bulk data available?
Marilyn Cade expressed concern that marketing uses are not consistent
with the purpose for which the data was gathered, and that in AT&T, no WHOIS
data marketing was strongly recommended.
Bruce Tonkin said that "compulsory" was the crux of the matter.
It would be up to the Registrar's discretion.
Ken Stubbs said that the background to the problem was with Network Solutions
who argued that bulk data was propriety to them and put pressure on the test
bed registrars which resolved in the original Registrars agreement.
Marilyn Cade said that the broad general consensus was not to support
marketing uses of WHOIS data.
Bruce Tonkin said that third party access should not be used for marketing.
Marilyn Cade expressed concern about privacy if it was left up to the
Registrars to decide if they would sell WHOIS data where B. Tonkin said that
"Registrars shall not provide marketing to a third party" may be included.
Ruchika Agrawal asked about privacy guidelines provisions in the Registrars
Agreement, to which Marilyn Cade replied that the OECD guidelines
were a framework to enact legislation. The directive does not specifically mention
WHOIS data.
B. Tonkin said that different countries had different laws. The issue
was the contract between ICANN and the Registrars and registrars must obey the
laws of the country.
After further discussion Bruce Tonkin said that the suggested revisions
for registrars to modify their bulk access agreements do not go far enough.
Marilyn Cade drew attention to the report being open for comments until
January 9, 2003. Additional changes could be incorporated, if a recommendation
is to be made it could be included as an addition. The mid-term item is not
a policy item unless comments received showed support for this.
Ken Stubbs urged that policies or recommendations should be specific
and clear enough for the Board to move forward.
Bruce Tonkin said that the implementation committee's purpose was to
test the assumptions.
Kristy McKee agreed with Ken Stubbs and added that the task force
had not set out their definition of bulk access and marketing.
Thomas Roessler commented on "legitimate purposes" saying that
marketing purposes has a blacklist, but "What does marketing mean?"
is the question.
Bruce Tonkin said it was important to understand what was wanted and
what was behind the recommendations. The task force and the GNSO council should
concentrate on making small positive steps.
To a question from Ruchika Agrawal about extending the January 9 timeline
for comments, the group was reminded that a report had to be completed by the
end of March so that the process could move to a conclusion. This did not exclude
input which could be archived in another volume of comments that would stay
open.
Action: Open a new volume of the comments after January 9, 2003.
Marilyn Cade mentioned that there had been some confusion on the part
the registrars as to what was in the Interim report and the Final report.
Bruce Tonkin explained that restating the recommendations in summary
facilitated the process. With regard to accuracy, he referred to an advisory
note ICANN published in May and drew attention to the difference between ICANN
providing guidelines and contracts - the latter can only be changed by consensus
policy.
Advisory was further clarified as not requiring consensus policy, it was not
a contractual obligation.
The registrars were not able to focus on the interim recommendations until they
became the final recommendations.
The next working stage requires an implementation group taking an ongoing look
with more participation and comment from registrars themselves.
Bruce Tonkin said that the task force will come to an end when the recommendations
are accepted.
The next steps in the process are:
- Identify the areas where more work is needed
- Create a separate issues report
- GNSO council decides the merit in the issues
- GNSO task force is created - establishing a common membership with the last
task force.
Ken Stubbs recognized that the task force had extended itself but that
the registrar's primary concern was transfers and as the latter moves on, WHOIS
will receive more focus. He also expressed concern that there was little participation
from European Registrars.
Bruce Tonkin added that registrars were neutral to WHOIS issues, sanctions created
a negative perspective, and that the summary would attract focus and comments.
Ruchika Agrawal inquired about the accessibility timeline.
Marilyn Cade replied that an issue document would be drafted and forwarded
to the GNSO Council for the council to make recommendations how best to persue
it, as would be done for the mid-term recommendations.
Bruce Tonkin suggested that Thomas
Roessler, Steve Metalitz, Antonio Harris and Marilyn
Cade (as alternate) be
added as representatives to the WHOIS implementation Committee.
Marilyn Cade announced that further WHOIS task force calls would be scheduled
for the weeks to come.
Antonio Harris, on behalf of the task force, thanked Bruce Tonkin
for his participation and expressed appreciation of the recommendation summary.
In addition he drew attention to organizing for the ICANN meetings in Rio de
Janeiro.
The teleconference ended at 15:10 EST, Tuesday Jan 7, 07:10 Wednesday Jan 8,
Melbourne time.
Secretariat.
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