The WHOIS clause in Annex A of the Joint Agreement does not change ICANN's ability to conclude a WHOIS PDP, and pass and enforce new WHOIS policy.
ICANN's policy development processes are critical to its legitimacy and purpose and ICANN's Board and staff do NOT intend to undermine them. ICANN will continue with its policy development process and that includes WHOIS. The Annexure to the Agreement that lists ICANN’s responsibilities is a statement of what we are doing – not a statement of what we can’t do. We will enforce the existing WHOIS policy like we would and do any other policy. But this agreement does not prevent ICANN from seeking the advice and expertise of its technical and policy community. Indeed we will be reinforcing that as our approach.
It strikes me that the best way to address any lingering doubts you may have is to finish your PDP, send a new WHOIS policy to the Council that will gain the requisite votes there, and from the Board, and successfully conclude ICANN's historic efforts to change WHOIS.
Denise Michel Vice President, Policy Development ICANN denise.michel@xxxxxxxxx