[alac] MOU appears to circumvent WHOIS Task Force

[Wendy Seltzer <wendy@xxxxxxxxxxx>]

Although Susan Crawford thinks it should be read differently, I read 
the Board Resolution supporting the continued MOU with the U.S. 
government to stop the work of the WHOIS task force by fixing ICANN's 
"existing" WHOIS display as contractual requirement.

Before this development, the WHOIS TF was continuing its 
consideration of replacing current WHOIS display with an "Operational 
Point of Contact."    You can view the OPOC draft under discussion at 
<http://www.writely.com/Doc.aspx?id=dgsxrsww_2gjfj37>

This is my TF liaison report.
--Wendy

> From: Wendy Seltzer <wendy@xxxxxxxxxxx>
> Subject: RE: [gnso-dow123] Alternative proposal re Whois
> Sender: owner-gnso-dow123@xxxxxxxxx
>
> So much for policy development processes.   I guess we might as well 
> disband the TF, since the Board already appears to have decided.
>
> --Wendy
>
> At 03:07 PM 9/29/2006 -0700, Paul Stahura wrote:
>
> > http://www.icann.org/general/JPA-29sep06.pdf
> >
> > in #5 it says
> >
> > "icann shall continue to enforce existing policy relating to whois, such
> > existing policy requires that icann implement measures to maintain
> > timely, unrestricted and public access to accurate and complete whois
> > information, including registrant, technical, billing and administrative
> > contact information"
> >
> > I guess that rules out OPOC.
> > By the way, billing contacts have not been require output since....
> > well... its been so long, I can't remember when (or even if they ever
> > were required).   Do we now need to change the registrar contracts to
> > require billing contact information in the whois output?  I mean you'd
> > have to go back like 10 years (no kidding) to copy-past this language
> > from some ancient internet document into this important ICANN-DoC
> > agreement.  Technically, I wonder if ICANN is already in breach.
>
> --
> Wendy Seltzer -- wendy@xxxxxxxxxxx
> Visiting Assistant Professor of Law, Brooklyn Law School
> Fellow, Berkman Center for Internet & Society
> http://cyber.law.harvard.edu/seltzer.html
> Chilling Effects: http://www.chillingeffects.org

--
Wendy Seltzer -- wendy@xxxxxxxxxxx
Visiting Assistant Professor of Law, Brooklyn Law School
Fellow, Berkman Center for Internet & Society
http://cyber.law.harvard.edu/seltzer.html
Chilling Effects: http://www.chillingeffects.org