[gnso-dow123] Whois task force 123 draft minutes 22 March 2005
[To: gnso-dow123[at]gnso.icann.org] Please find the draft minutes of the Whois task force 123 teleconference held on 22 March 2005. If there is anything that you would like changed, please let me know. Thank you very much. Regards, Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org <!--#set var="bartitle" value="WHOIS Task Forces 1 2 3 teleconference minutes"--> <!--#set var="pagetitle" value="WHOIS Task Force 1 2 3 teleconference minutes"--> <!--#set var="pagedate" value="22 March 2005" value=""--> <!--#set var="bgcell" value="#ffffff"--> <!--#include virtual="/header.shtml"--> <!--#exec cmd="/usr/bin/perl /etc/gnso/menu.pl 'WHOIS Task Force 1 2 3 teleconference minutes'"--> <h4 align="center"><font face="Arial, Helvetica, sans-serif"><b>WHOIS Task Forces 1 2 3<br> <br> 22 March 2005 - Minutes</b></font></h4> <p><b><font face="Arial, Helvetica, sans-serif">ATTENDEES:<br> </font></b></p> <p><b><font face="Arial, Helvetica, sans-serif">GNSO Constituency representatives:<br> </font></b><font face="Arial, Helvetica, sans-serif"><br> Registrars constituency - Jordyn Buchanan - Co-Chair<br> Registrars constituency - Bruce Tonkin GNSO Council chair<br> Registrars constituency - Tom Keller <br> Commercial and Business Users constituency - Marilyn Cade <br> Commercial and Business Users constituency - David Fares</font><b><font face="Arial, Helvetica, sans-serif"> <br> </font></b><font face="Arial, Helvetica, sans-serif"><font face="Arial, Helvetica, sans-serif">Internet Service and Connectivity Providers constituency - Greg Ruth</font></font><b><font face="Arial, Helvetica, sans-serif"><br> </font></b><font face="Arial, Helvetica, sans-serif">gTLD Registries constituency - David Maher </font><b><font face="Arial, Helvetica, sans-serif"><br> </font></b><font face="Arial, Helvetica, sans-serif">Intellectual Property Interests Constituency - Steve Metalitz <br> GAC liaison - Suzanne Sene <br> At-Large Advisory Committee (ALAC) liaisons - Thomas Roessler <br> </font></p> <p><font face="Arial, Helvetica, sans-serif"><br> <b>ICANN Staff</b>: <br> <br> Olof Nordling - Manager of Policy Development Coordination<br> Maria Farrell Farrell - GNSO Policy Officer<br> </font><font face="Arial, Helvetica, sans-serif"><br> </font><font face="Arial, Helvetica, sans-serif"><b>GNSO Secretariat:</b> Glen de Saint Géry <br> <br> <b>Absent:</b></font><font face="Arial, Helvetica, sans-serif"><br> gTLD Registries constituency: - Jeff Neuman</font><b><font face="Arial, Helvetica, sans-serif"> </font></b><font face="Arial, Helvetica, sans-serif">Neuman</font><b><font face="Arial, Helvetica, sans-serif"> - </font></b><font face="Arial, Helvetica, sans-serif">Co-Chair </font><font face="Arial, Helvetica, sans-serif"> <br> </font><font face="Arial, Helvetica, sans-serif"><font face="Arial, Helvetica, sans-serif">Registrars constituency - Paul Stahura</font></font><font face="Arial, Helvetica, sans-serif"><br> <font face="Arial, Helvetica, sans-serif">Registrars constituency - </font> Ross Rader<br> <font face="Arial, Helvetica, sans-serif">Registrars constituency -</font> Tim Ruiz <br> </font><font face="Arial, Helvetica, sans-serif"><font face="Arial, Helvetica, sans-serif">Internet Service and Connectivity Providers constituency: - Antonio </font></font><font face="Arial, Helvetica, sans-serif">Harris - apologies </font><font face="Arial, Helvetica, sans-serif"><br> </font><font face="Arial, Helvetica, sans-serif">Intellectual Property Interests Constituency - Jeremy Bank<br> Non Commercial Users Constituency - Milton Mueller <br> Non Commercial Users Constituency - Kathy Kleiman </font><br> <font face="Arial, Helvetica, sans-serif">Non Commercial Users Constituency - Marc Schneiders </font> - <font face="Arial, Helvetica, sans-serif">apologies </font><font face="Arial, Helvetica, sans-serif"><br> </font> <font face="Arial, Helvetica, sans-serif">Internet Service and Connectivity Providers constituency - Maggie Mansourkia</font><font face="Arial, Helvetica, sans-serif"> <br> </font><font face="Arial, Helvetica, sans-serif"></font> <font face="Arial, Helvetica, sans-serif"> </font><font face="Arial, Helvetica, sans-serif"> </font><font face="Arial, Helvetica, sans-serif"></font> <font face="Arial, Helvetica, sans-serif">At-Large Advisory Committee (ALAC) liaisons - Wendy Seltzer</font> <br> <br> <font face="Arial, Helvetica, sans-serif"><a href="http://gnso-audio.icann.org/WHOIS-2005O322-tf123.mp3";>MP3 Recording </a><br> </font></p> <p><font face="Arial, Helvetica, sans-serif"><b>Agenda</b><br> 1. Moving forward on <a href="http://gnso.icann.org/issues/whois-privacy/whois-notification-30nov04.pdf";>Recommendation 1</a> - status on the report being prepared by staff<br> 2 Moving forward on <a href="http://gnso.icann.org/issues/whois-privacy/whois-tf-conflict-30nov04.pdf";>Recommendation 2</a> after dalogue with ICANN staff<br> 3. Moving forward on Accuracy<br> 4. Plans for Argentina<br> <br> <b>Task Force Participants in Mar del Plata</b><br> Jordyn Buchanan, Bruce Tonkin, Tom Keller, </font><font face="Arial, Helvetica, sans-serif">Marilyn Cade, Jeff Neuman,</font> <font face="Arial, Helvetica, sans-serif"><font face="Arial, Helvetica, sans-serif">Paul Stahura</font></font><font face="Arial, Helvetica, sans-serif">, Ross Rader, Tim Ruiz , </font><font face="Arial, Helvetica, sans-serif"><font face="Arial, Helvetica, sans-serif"> Antonio </font></font><font face="Arial, Helvetica, sans-serif">Harris</font>, <font face="Arial, Helvetica, sans-serif"> Marc Schneider</font><font face="Arial, Helvetica, sans-serif">s, Ken Stubbs, Greg Ruth, Ross Rader, Kiyoshi Tsuru, Niklas Lagergren Vittorio Bertola, Bret Fausett, Suzanne Sene, Frannie Wellings.<br> <br> Discussion followed on aligning the current work in the task force and reports to the policy development process.<br> As the pocess has been going on so long it was suggested that the document should have a review of the ICANN mission, issues raised as in the issues report and how the recommendations relate to those. The terms of reference should be consolidated into one.<br> <br> A suggested tool was that the policy development process be clearly set out in a tabular/diagram form with the different timelines and that an outline for the reports be drafted.<br> </font></p> <p><font face="Arial, Helvetica, sans-serif"><b>Quoting from the <a href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#AnnexA";>Policy development Process </a><br> 7 Task Forces </b><br> e. Task Force Report. <br> The chair of the task force, working with the Staff Manager, shall compile the Constituency Statements, Public Comment Report, and other information or reports, as applicable, into a single document ("Preliminary Task Force Report") and distribute the Preliminary Task Force Report to the full task force within forty (40) calendar days after initiation of the PDP.<br> The task force shall have a final task force meeting within five (5) days after the date of distribution of the Preliminary Task Force Report to deliberate the issues and try and reach a Supermajority Vote.<br> Within five (5) calendar days after the final task force meeting, the chair of the task force and the Staff Manager shall create the final task force report (the "Task Force Report") and post it on the Comment Site. <br> Each Task Force Report must include:<br> 1. A clear statement of any Supermajority Vote position of the task force on the issue; <br> 2. If a Supermajority Vote was not reached, a clear statement of all positions espoused by task force members submitted within the twenty-day timeline for submission of constituency reports. Each statement should clearly indicate (i) the reasons underlying the position and (ii) the constituency(ies) that held the position; <br> 3. An analysis of how the issue would affect each constituency of the task force, including any financial impact on the constituency; <br> 4. An analysis of the period of time that would likely be necessary to implement the policy; and <br> 5. The advice of any outside advisors appointed to the task force by the Council, accompanied by a detailed statement of the advisors' (i) qualifications and relevant experience; and (ii) potential conflicts of interest. <br> <br> Basically the preliminary report could be completed by putting the task force into the framework set out by the policy development process for one single issue . <br> <b>Bruce Tonkin</b> suggested a summary document to the preliminary report to put the issue in context.</font></p> <p><font face="Arial, Helvetica, sans-serif"><b>Marilyn Cade</b> suggested that the Secretary should go back to the minutes to look at the Council decisions that were taken regarding the task forces.<br> <b><br> Jordyn Buchanan </b>summarized the agreement reached in the group:<br> The preliminary report should be focused on the issues around the <a href="http://gnso.icann.org/issues/whois-privacy/whois-notification-30nov04.pdf";>first work item</a><br> A reasonable amount of history is required to provide appropriate comprehension to the reader.<br> Relevant terms of reference<br> <br> History should be related to decisions, rather than everything that has been discussed. Researching the minutes, researching the official reports, minutes of decisions made at the Council level, the terms of reference and how the work addresses those terms of reference.<br> <br> In summary of the comment period, when the preliminary report is produced by staff, it goes to the vote in the task force, within 5 days the task force report is prepared and then submitted for the 20 day public comment period as in :<br> <a href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#AnnexA";>Section 9 </a><br> Public Comments to the Task Force Report or Initial Report <br> a. The public comment period will last for twenty (20) calendar days after posting of the Task Force Report or Initial Report. Any individual or organization may submit comments during the public comment period, including any constituency that did not participate in the task force. All comments shall be accompanied by the name of the author of the comments, the author's relevant experience, and the author's interest in the issue.<br> b. At the end of the twenty (20) day period, the Staff Manager will be responsible for reviewing the comments received and adding those deemed appropriate for inclusion in the Staff Manager's reasonable discretion to the Task Force Report or Initial Report (collectively, the "Final Report"). The Staff Manager shall not be obligated to include all comments made during the comment period, including each comment made by any one individual or organization. <br> c. The Staff Manager shall prepare the Final Report and submit it to the Council chair within ten (10) calendar days after the end of the public comment period. <br> <br> <b>ACTION <br> It was decided that at the next meeting, Tuesday 29, the task force would vote on the Preliminary report.<br> Issues concerning the vote were raised.<br> It was suggested that Bruce Tonkin request clarification form the General Counsel on voting in the task force. <br> </b><br> <b>Bruce Tonkin commented</b> that it was important to document the vote in the report because ultimately the Council's vote was considered by the Board, while the Council was looking at the task force's vote. He went on to comment that liaisons did not vote. The structure of the task force was appointed by the Council with a minimum of one representative per constituency and then the Council could appoint up to 3 external advisors. <br> <br> <b>Appointment of <a href="http://gnso.icann.org/meetings/minutes-gnso-20nov03.shtml";>representatives to the 3 WHOIS task forces</a><br> At the GNSO Council meeting on November 20, 2003 the following motion was passed.</b><br> Decision 3: That for the purpose of the WHOIS task forces, constituencies be allowed to appoint more than one person to listen in on teleconferences and to participate in the mailing list, but in any single teleconference or physical meeting, there is only one person from the constituency to represent the constituency's views. </font></p> <p><font face="Arial, Helvetica, sans-serif"><b>At a meeting of the <a href="http://gnso.icann.org/meetings/minutes-gnso-18dec03.shtml";>GNSO Council meeting on December 18, 2003</a> Bruce Tonkin proposed posting a directive to Council and the task forces making the distinction between an opinion, where there should be only one per constituency and factual information.<br> On <a href="http://gnso.icann.org/mailing-lists/archives/council/msg00348.html";>19 December 2003 Bruce Tonkin posted the following directives to the GNSO Council</a>: </b><br> At its meeting on 20 Nov, the GNSO Council decided: <br> "That for the purpose of the WHOIS task forces, constituencies be allowed to appoint more than one person to listen in on teleconferences and to participate in the mailing list, but in any single teleconference or physical meeting, there is only one person from the constituency to represent the constituency's views." <br> Following initial meetings of the WHOIS task forces, clarification was sought on when it would be appropriate for constituency representatives, attending a teleconference or physical meeting as alternates to the primary constituency representative, to speak. <br> Brian Darville, chair of WHOIS task force 3, offered the following approach: "We do allow alternates to speak on issues of general informational interest. The scope of the Task Force's work encompasses gathering and analyzing information. Many of the alternates, some of whom have significant ICANN experience and historical knowledge, can contribute significantly in furthering the Task Force's work by simply providing historical information or indicating the availability of other information germane to the issues the Task Force is addressing. Of course, under no circumstances will any alternate be allowed to represent the views of the constituency or provide the vote of any constituency (unless the designated representative is absent on the call)." <br> The GNSO Council discussed this issue during its meeting on 18 Dec 2003. <br> It was recognised that alternates play a valuable role in task force work in using their own network of contacts and resources to collect data together for the task force. Normally alternates would provide their work through the primary constituency representative on the task force. It was noted however that during a particular call or physical meeting an alternate may have some useful "factual" information to provide that is relevant to the discussion. Note that ICANN staff members and the GAC liaison have typically operated in that mode during GNSO council calls. It was noted that a balance needs to be struck between alternates offering information that might be strongly related to a particular constituency viewpoint (e.g isolated events, anecdotal information, or a reference to a Web blog or an academic paper expressing a particular opinion) as opposed to factual information (e.g a reference to an existing ICANN policy, or a reference to a previous statistical survey, or ICANN workshop). <br> <br> </font><font face="Arial, Helvetica, sans-serif"> The Council recommended that the chair of each task force be given the discretion to take advantage of the availability of alternate members for the purposes of providing factual information, whilst ensuring that each constituency expresses their particular opinion/viewpoint on the policy issue under consideration through a single representative during any single call or physical meeting. If a particular constituency believes that the intent of the motion of 20 Nov (which ensures fair participation by all constituencies regardless of their size and resources) is not being met, this should be raised with the chair of the task force, through their representative on the task force. If a constituency is unable to resolve the issue with the task force chair, then the constituency can request guidance from the GNSO Council, through their representatives on the GNSO Council. "</font></p> <p><font face="Arial, Helvetica, sans-serif"><b>2. Moving forward on <a href="http://gnso.icann.org/issues/whois-privacy/whois-tf-conflict-30nov04.pdf";>Recommendation 2</a> after dialogue with ICANN staff </b><br> <b>Jordyn Buchanan</b> referred to the <a href="http://forum.icann.org/lists/gnso-dow123/msg00097.html";>summary document </a>that Maria Farrell had provided.<br> He commented that many or all of the staff concerns could be addressed and suggested reviewing and adjusting the recommendations on the next week call 29 March 2005.<br> <b>Jordyn Buchanan</b> suggested that the recommendation be edited to take into account the suggestions made by staff and then decide whether it should be advanced as a formal policy recommendation or other.<br> <br> <b>ACTION </b></font><br> <font face="Arial, Helvetica, sans-serif"><b>It was suggested that the original drafter, Steve Metalitz be asked, by email as he had dropped off the call, to take ownership of the redrafting.<br> </b><b><br> 3. Moving forward on Accuracy</b><br> <b>Bruce Tonkin</b> asked Glen to gather previous reports and recommendations on the Accuracy topic for him.<br> <br> <b>4. Plans for Argentina</b><br> <b>On Sunday 3 April 2005 a joint session with the GNSO Council and Whois task force meeting</b> is scheduled from 11:00 to 14:00 local time<br> Topics for joint session: <br> accuracy and tiered access<br> Bruce Tonkin would chair the joint Council and Whois session. He intended to look at the original 3 sets of reference and the progress made to date.</font><font face="Arial, Helvetica, sans-serif"><br> <br> Documents to include:<br> </font><font face="Arial, Helvetica, sans-serif">copies of terms of reference, <br> policy development process, <br> decision tree from Kuala Lumpur <br> </font><font face="Arial, Helvetica, sans-serif"> <br> <b>Suggestions for the GNSO Public Forum on Wednesday 6 April from 8:30 to 10:00 local time</b></font></p> <p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin </b>suggested that the Public Forum could provide an educational opportunity to the community. Registrars and ccTLD operators that had previously presented to the task force could be asked how they treated privacy issues so advising the community what is out in the market place. Particularly ones where there was operational experience behind them would be of interest. <br> <b>Jordyn Buchanan</b> should give an update on where the task force was with their work and the current recommendations.<br> Questions from the community should be encouraged. Time allocated to the Whois issues would be about half to three quarter of an hour.</font><font face="Arial, Helvetica, sans-serif"><br> <br> <b>Marilyn Cade</b> suggested inviting the chair of the Stability and Security Advisory Committee to address the joint Whois GNSO Council meeting on Sunday.<br> <b>Jordyn Buchanan</b> suggested two questions:<br> 1. What role does Security and Stability play in the Internet?<br> 2. What would the role be of restricting access to Whois data</font><font face="Arial, Helvetica, sans-serif"><br> <b>Bruce Tonkin</b> commented that the task force was looking for dialogue with the Stability and Security Advisory Committee rather than a formal statement.<br> </font></p> <p><b><font face="Arial, Helvetica, sans-serif">5 Any Other Business</font></b><font face="Arial, Helvetica, sans-serif"><br> Queries to the staff about the F<a href="http://www.icann.org/correspondence/leibowitz-to-twomey-09feb05.pdf";>ebruary 9, 2005 correspondence from the Federal Trade Commission to ICANN</a>. <br> <b>Olof Nordling</b> commented that the correspondence was not from the Federal Trade Commission (FTC) but from a single commissioner of the FTC and the issue raised was the potential harm that inaccurate Whois information could cause the economy. <br> <b>Marilyn Cade</b> commented that the correspondence did deal with the accuracy of data.<br> <br> <b>Next Meetings:</b></font></p> <p><font face="Arial, Helvetica, sans-serif">Tuesday 29 March 2005 - 13:00 EST, 19:00 UTC, 20:00 CET.<br> 1. Preliminary task force Report for the vote<br> <br> Sunday 3 April 2005 - 11:00 - 14:00 local time in Mar del Plata, <br> Sheraton Hotel, Room "E"<br> <b><br> Jordyn Buchanan</b> thanked everybody for their participation<br> <br> The meeting ended at 21:45 CET<br> <br> </font></p> <p><font face="Arial, Helvetica, sans-serif"> <br> </font> </p> <p> </p> <p> </p> <p><font face="Arial, Helvetica, sans-serif"><b><br> </b></font></p> <p> </p> <p> </p> <p> </p> <p> </p> <p> </p> |