[bc-gnso] Whois Studies discussion at 1-Apr GNSO Council Meeting
Mike & Zahid -- You asked for some BC membership views on the Whois studies that will be discussed at your Council meeting tomorrow (1-Apr). See below and attachment. Hope this helps. Your agenda shows potential actions on Whois studies: > 3.4.1 Review and assess cost and feasibility estimates for the studies > 3.4.2 Decide whether to pursue any of the studies and, if so, which ones > 3.4.3 Provide input into the FY11 budget process > 3.5 How should we accomplish the above? > ? Should we form a drafting team to develop recommendations for > consideration in our next meeting? > ? Note that a final budget has to be finished by 17 May and there are > currently no funds budgeted for Whois Studies My recommendations: Let¹s proceed with the Misuse and Registrant Identification studies. > The Misuse and Registrant ID studies are likely to generate data that would > affect policy decisions and compliance work. These 2 studies are not going to > stop the long-standing disagreements between passionate parties on either > side, but that¹s not the point of doing studies. Remember the debate over > domain tasting? Fact-based data on the number of deletes with the AGP were > astounding, and helped us enact a policy change. The data did not make > everyone agree on whether domain tasting was harmful. But facts showed a > hugely prevalent use of AGP that was outside its original purpose, and that > moved us to a new consensus policy. > > We¹ll certainly use study data when setting policy and compliance standards, > especially with so many new TLD operators coming online next year. > > Moreover, the Affirmation of Commitments (9.3.1) requires ICANN to ³organize a > review of WHOIS policy and its implementation to assess the extent to which > WHOIS policy is effective and its implementation meets the legitimate needs of > law enforcement and promotes consumer trust². The Misuse and Registrant data > studies will be essential for that review. > > We will also want to have these study results on hand so they can be compared > with study results after new TLDs are operating for one year, as required by > the Affirmation of Commitments item 9.3 Let¹s go right to the core issue of Money. Consider this discussion that happened during Council meeting in Nairobi: > Liz Gasster described some study proposals as "expensive" and then Stefane and > Wolf commented on the costs and budget constraints. > > I intervened to say that the lack of fact-based studies has itself been very > expensive over several years of time & travel on the part of dozens of > community members. Those costs will continue unless/until we have facts at > hand to make policy decisions. > > Marilyn made a similar point about need for fact-based analysis. > > Bruce Tonkin recommended that Council budget a lump sum for studies, then > decide how to spend it. Don't budget each specific study, he said. > > I believe Bruce Tonkin is right. Council should ask for a budget of $XXX,XXX > in FY 2011 for a general category of Whois studies. Since we need a budget > number now, I¹d say $360,000, to cover the misuse and registrant studies > ($150K each) plus a 20% contingency. > Next steps: I would ask staff to begin negotiating with the two ?superior¹ bidders on detailed workplan for their studies. Staff should start by asking bidders to review: > > The 4-Mar-2009 Council resolution on Whois studies, including the original > rationale for each hypothesis, etc. > > The Affirmation of Commitments, items 9.3 and 9.3.1 > > Staff should also show the bidders any Whois-related items in the Draft > Applicant Guidebook. > > Superior Bidders can then prepare detailed study workplans that policy staff > can analyze and present to Council later this year. Note: The Staff report (page 7) mentions the Whois Accuracy report, and asks whether ³barriers to accuracy² provide useful insights to policy. > > I would answer, ³Accuracy is something we aspire to; whereas inaccuracy is a > contract compliance problem.² > > Let¹s set high aspirations to require accurate Whois data for registrants, > even if we know that lots of data is inaccurate today. After all, registrars > manage to gather credit card information that¹s sufficiently accurate to > ensure they get paid. Let¹s find ways to ensure they apply the same > diligence in collecting and validating public Whois data. > > (Note: Susan Kawaguchi of Facebook volunteered to draft BC comments on Whois > Accuracy report. Those aren¹t due until 15-Apr) Whois Studies Reports and resources: > https://st.icann.org/gnso-council/index.cgi?whois_discussion# > http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en.pd> f > Presentation Slides: > http://gnso.icann.org/correspondence/whois-studies-presentation-01apr10-en.pdf -- Steve DelBianco Executive Director NetChoice http://www.NetChoice.org and http://blog.netchoice.org +1.202.420.7482 Attachment:
On the Whois studies.docx
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