Re: [gnso-dow123] NCUC Procedural Proposal - recirculated

[KathrynKL@xxxxxxx]

All:
At this time, I seek to table the NCUC Procedural Proposal.  While I/NCUC 
continue to think the proposal raises issues that are relevant and important, 
it 
is probably not the appropriate next step for our TF.  Public access is the 
next item in our Terms of Reference -- I support moving on to its evaluation 
and 
consideration and I support a meeting on public access in Marrakech. 

In preparation for our TF call tomorrow, I would like to put forward a 
revised question -- based on the one I raised on our last call and directed to 
TOR 
#3:  
===>  Now that we have a purpose for our database, it is a legal and logical 
step to determine whether the data we are making public via the Whois service 
is appropriate.  Is the data that is made public required to meet the purpose? 


Regards, Kathy

<<In a message dated 4/27/2006 1:57:08 AM Eastern Standard Time, 
Bruce.Tonkin@xxxxxxxxxxxxxxxxxx writes:
> 
> 
> As discussed during the last GNSO Council meeting, the WHOIS task force
> does not have as part of its terms of reference a change to the data
> being collected.  The WHOIS task force is tasked with considering what
> data collected should be available for public access, in the context of
> the purpose of WHOIS.   The WHOIS task force work specifically
> addresses the current clause 3.3 "Public Access to Data on Registered
> Names" of the Registrar Accreditation Agreement (RAA) (see
> http://www.icann.org/registrars/ra-agreement-17may01.htm#3.)
> 
> While work on considering the data collected may also be a useful area
> of policy development, this would require a separate PDP under the
> GNSO's processes.  For information, registrars are required to retain
> certain information (clause 3.4 "Retention of Registered Name Holder and
> Registration Data."), and are also required under clause 3.7 "Business
> Dealings, Including with Registered Name Holders." to provide
> information on the purpose for which data is collected:
> 
> "Registrar shall provide notice to each new or renewed Registered Name
> Holder stating:
> 
> - The purposes for which any Personal Data collected from the applicant
> are intended;
> 
> - The intended recipients or categories of recipients of the data
> (including the Registry Operator and others who will receive the data
> from Registry Operator);
> 
> - Which data are obligatory and which data, if any, are voluntary; and
> 
> - How the Registered Name Holder or data subject can access and, if
> necessary, rectify the data held about them."
> 
>>