[alac] FW: [council] Motions passed by the GNSO Council on 20 July 2006

["Bret Fausett" <bfausett@xxxxxxxxxxxxxxxx>]

FYI 

-----Original Message-----
[To: council[at]gnso.icann.org]

Dear All,

Ahead of the GNSO Council minutes, Council passed the following motions at
its meeting on 20 July, 2006.

Motion One on the WHOIS service
===============================


"The GNSO Council notes that the WHOIS definition approved by the GNSO
Council on 18 April 06, as a working definition to allow the WHOIS task
force to proceed with its work, is related to the service that provides
public access to some of the data collected by registrars.   It is not a
definition of the purpose of the data collected by the registrars in the
course of registering a domain name for their customers.

In response to the extensive community and Government input on the
definition of the purpose of WHOIS, the GNSO Council agrees to undertake the
following steps:

(1)  Any Council member who voted in favour of the definition may provide a
brief explanation of the reason for supporting the resolution and their
understanding of its meaning.

(2) The ICANN staff will provide a summary of the other interpretations of
the definition that have been expressed during the public comment period,
and subsequently in correspondence from the public and Governments.

(3) The GNSO Council requests that the WHOIS task force continue with their
work as specified in the terms of reference taking into account the recent
input that has been provided.

(4)  The GNSO Council will take the Final Report (as specified in clause
9(c) of the GNSO PDP process) from the WHOIS task force after the task force
finishes its work on all the terms of reference, engage in further dialogue
with the Advisory Committees (including the GAC, SSAC and ALAC), and
consider improving the wording of the WHOIS service definition so that it is
broadly understandable.

Note that the WHOIS Task force will produce a Task Force Report (as
specified in clause 7(e) of the GNSO PDP process)
http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm#AnnexA
later in 2006 that addresses all terms of reference. This report will be
subject to a further public comment process, and the output of this public
comment will be incorporated into the Final Report.

Note that the previous clause (3) in the motion posted on 13 July 2006 that
related to the purposes for collecting data is now the subject of a separate
motion (see below)."



Motion 2 relating to the data that is collected by registrars
==============================================================

"The GNSO Council notes that, consistent with generally accepted privacy
principles, Registrars are required under clause 3.7.7.4 of the Registrar
Accreditation Agreement to provide notice to each new or renewed Registered
Name Holder stating:

(i) The purposes for which any Personal Data collected from the applicant
are intended;

(ii) The intended recipients or categories of recipients of the data
(including the Registry Operator and others who will receive the data from
Registry Operator);

(iii) Which data are obligatory and which data, if any, are voluntary; and

(iv) How the Registered Name Holder or data subject can access and, if
necessary, rectify the data held about them.

To further understand the range of purposes for which data is intended, the
GNSO proposes the following steps:

(1) The ICANN staff will review a representative sample of registrar
agreements with Registered Name Holders, taking into account the issues of
geographical diversity and rule of law variances, to identify some of the
purposes for which registrars collect Personal Data in the course of
registering a domain name for their customers.

(2) The ICANN staff will review a representative sample of cctld registry or
cctld registrar agreements with registrants, taking into account the issues
of geographical diversity and rule of law variances, to identify some of the
purposes for which these organisations collect Personal Data from
registrants.

(3) The ICANN staff will summarise the current material that has resulted
from WHOIS discussions since 2002 that document the current uses and abuses
of the Personal Data that is currently made public through the WHOIS
service.

(4) Supported by the material produced in steps (1), (2) and (3) above, the
Council will undertake a dialogue with the ICANN Advisory Committee's, such
as the GAC, SSAC and ALAC, regarding the purposes for collecting Personal
Data, and discuss whether any policy development is required in this area
consistent with ICANN's mission and core values.

The dialogue should seek to examine and understand consumer protection,
privacy/data protection and law enforcement perspectives."

Kind regards,
Glen
--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org