[gnso-dow123] TOR is not 3.7.7.3

[KathrynKL@xxxxxxx]

All:
On the call on Tuesday, I asked where the quotation in draft TOR Task 1 came 
from.  I was told by many that this was the existing language of the RAA.  

I wanted to share with all of you that it is NOT the existing language of the 
RAA.  While it is drawn in part from 3.7.7.3, that existing section makes no 
mention of WHOIS and no mention of providing the Sensitive Registrant Data in 
realtime on a global basis.  In fact 3.7.7.3 can be read as completely 
consistent with obtaining the data via subpoenas and other existing 
legal/telecom 
ways (that balance privacy and require some legal showing of a real problem).

I have written to Bruce regarding this ambiguity.  While I will not disclose 
the confidentiality of his communication, I will share with you part my 
response below.  NCUC will be proposing changes to the draft TOR today to 
clarify 
that the language is a proposal and not existing language.

To Bruce:
"However, because your draft has quotations marks, but no clear citations and 
explanation, most readers believe your new language is the existing language 
of the RAA!  (I asked on the TF call on Tues)

So I would like to request that this important issue be clarified before and 
during the Council meeting today.  Please remove the quotes from both places 
[now one place] in the draft TOR that reflect but do not quote 3.7.7.3.  Kindly 
identify this as a change to existing language, and show that you propose 
*new* language to be inserted in the RAA.  I truly believe important issues 
ride 
on the debates ahead on just this issue."

Draft TASK 1
(1) Review the current purpose of WHOIS, and determine whether it should
be refined in the context of ICANN's mission and the changing nature of
Registered Name Holders.
"The purpose of WHOIS is to provide accurate technical and
administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the Registered
Name"

Regards, Kathy