Re: [gnso-dow123] Whois

["Milton Mueller" <mueller@xxxxxxx>]

Denise:
Thanks for sending this message. However, the new JPA involved direct 
negotiations between the USG and ICANN's CEO Paul Twomey and probably also 
Board Chair Vinton Cerf. On a matter of this gravity, we would need to have 
these words spoken to us directly by Cerf and/or Twomey for the reassurance to 
be meaningful. It cannot come from you alone.

I would ask that the GNSO Council chair approach Twomey and Cerf with a request 
to set up a conference call -- at a time chosen by either one of them so as to 
avoid schedule conflicts -- so that these statements of yours can be confirmed 
to us directly, and so that we can for a short time ask relevant questions 
about its meaning. 

As policy development VP, Denise, I hope you understand the serious challenge 
the absence of such direct assurances would create for the future of ICANN as  
a legitimate, multistakeholder institution.

Dr. Milton Mueller
Syracuse University School of Information Studies
http://www.digital-convergence.org
http://www.internetgovernance.org


>>> Denise Michel <denise.michel@xxxxxxxxx> 10/2/2006 4:41:47 AM >>>
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.

Regards,

Denise

Denise Michel
Vice President, Policy Development
ICANN
denise.michel@xxxxxxxxx