[gnso-dow123] Draft agenda for GNSO WHOIS Public Forum in Sao Paulo
Below is a *draft* agenda for the WHOIS Forum in Sao Paulo that I've prepared for your consideration and comment. The primary goal of this forum is to focus public attention on the Task Force's work, and encourage a full, public discussion by all interested stakeholders of the key elements of your report. We are also taking this opportunity to provide a brief update on staff's proposed implementation of the WHOIS and National Laws policy. Ultimately, it is a GNSO Public Forum and how it is structured will be determined in the usual way GNSO forum agenda's are set. Your guidance, however, is critical and would be most appreciated. In particular, your input is needed on panelists, panel discussion items, and targeted questions people should come prepared to address. I'll be sending a draft to the Council tomorrow for their consideration, with a goal of posting it by 20 November. Thanks. Denise Denise Michel Vice President, Policy Development ICANN denise.michel@xxxxxxxxx +1-408-429-3072 mobile
FORUM The GNSO is organizing a public forum at the beginning of ICANN's Sao Paulo meeting to bring together a broad cross-section of stakeholders to share opinions and recommendations on two WHOIS topics: the proposed implementation of a new consensus policy involving WHOIS and National Laws (ICANN staff will provide a briefing on the proposed implementation); and the current GNSO WHOIS Task Force report that includes proposals for making changes in WHOIS services (Task Force members and others will give presentations regarding elements of the report). A panel of community representatives and experts will provide summaries and perspectives on these issues, coupled with extensive periods for audience participation and broad-based input. This forum presents a critical opportunity for stakeholders to share specific solutions and guidance (especially with respect to the terms of reference (3) of the WHOIS Task Force, listed below). Post your high-level solutions and guidance that address the terms of reference to the address included below and come to this forum (in person or on-line) prepared to engage on these proposals, which are being prepared for ICANN action. If you have comments on the topics covered in this forum, please post to <...>. Comment archives are at <...>. BACKGROUND Following GNSO Council and Board adoption, a new ICANN consensus policy was created for dealing with potential conflicts between WHOIS requirements and privacy laws (that meets the GNSO’s policy development process terms of reference (5) listed below). ICANN staff developed a proposed procedure on how ICANN will respond to a situation where a registrar or registry operator/sponsor can demonstrate that it is legally prevented by local/national privacy laws or regulations from fully complying with the provisions of its ICANN contract regarding the collection, display and distribution of personal data via WHOIS. This procedure has been posted for a public comment period (see <....>), and this forum provides another opportunity for stakeholders to provide comments and ask questions. In addition, the GNSO has been conducting a policy development process (PDP) to improve the WHOIS service. Under the GNSO Council-approved PDP, the WHOIS Task Force has addressed: the purpose of the WHOIS service; the purpose of the WHOIS contacts (e.g. technical contact, admin. contact) and the purpose of the collection of data; which data should be available for public access; how to improve WHOIS data accuracy; and how to deal with conflicts between WHOIS requirements and local or national privacy laws (see the PDP terms of reference listed below). (Background information is posted at http://gnso.icann.org/issues/whois-privacy/). The Task Force has issued a proposal for changing the contacts for the WHOIS service called the "Operational Point of Control" (OPoC). A second proposal addresses an approach to provide privacy in domain name registrations in special circumstances and is referred to as the "Special Circumstances Proposal." The Task Force has issued a preliminary report outlining its recommendations, and a public comment period has started. After public comments are received, the Task Force report will be finalized and sent to the GNSO Council for consideration. An issues report was published on WHOIS by ICANN staff on 13 May 2003, and is available at <http://www.icann.org/gnso/issue-reports/whois-privacy-report-13may03.htm> The GNSO is working to the terms of reference, which are available at <http://gnso.icann.org/policies/terms-of-reference.html>. A summary of the terms of reference is as follows: The goal of the WHOIS Task Force is to improve the effectiveness of the WHOIS service in maintaining the stability and security of the Internet's unique identifier systems, whilst taking into account where appropriate the need to ensure privacy protection for the Personal Data of natural persons that may be Registered Name Holders, the authorised representative for contact purposes of a Register Name Holder, or the administrative or technical contact for a domain name. 1) Define the purpose of the WHOIS service in the context of ICANN's mission and relevant core values, international and national laws protecting privacy of natural persons, international and national laws that relate specifically to the WHOIS service, and the changing nature of Registered Name Holders. 2) Define the purpose of the Registered Name Holder, technical, and administrative contacts, in the context of the purpose of WHOIS, and the purpose for which the data was collected. 3)(i) Determine what data collected should be available for public access in the context of the purpose of WHOIS. 3) (ii) Determine how to access data that is not available for public access. 4) Determine how to improve the process for notifying a registrar of inaccurate WHOIS data, and the process for investigating and correcting inaccurate data. 5) Determine how to resolve differences between a Registered Name Holder's, gTLD Registrar's, or gTLD Registry's obligation to abide by all applicable laws and governmental regulations that relate to the WHOIS service, as well as the obligation to abide by the terms of the agreements with ICANN that relate to the WHOIS service. AGENDA (DRAFT) Monday, 4 December 16:30 - 19:00 * Introduction - Moderator, Rita Rodin, Member, ICANN Board of Directors * WHOIS National Laws Implementation Overview - Kurt Pritz, Vice President, Business Operations * Audience questions Panel * Preliminary WHOIS Task Force Report Overview - Jordyn Buchanan, Chair, WHOIS Task Force (note: outline report; give background on TF discussions) * Operational Point of Control" (OPoC) Summary - Ross Rader, Registrars Constituency Member, WHOIS Task Force (note: outline proposal) * Special Circumstances Proposal Summary - Steve Metalitz, Intellectual Property Constituency Member, WHOIS Task Force (note: outline proposal) * Audience questions on presentations * Data Protection Considerations - (suggestions on presenter?) (note: summarize key data protection issues for each proposal) * Law Enforcement and Consumer Protection Considerations - (suggestions on presenter?) (note: summarize key law enforcement and consumer protection issues for each proposal) * Audience comments and questions (note: call on those that have submitted written statements in advance for input) (note: need a list of targeted questions from Task Force to encourage useful input – eg. access to data that is removed from the default WHOIS display) (Continue open mic until close) |