[gnso-whois-wg] RE: ICANN Whois Working Group.

["Kawaguchi, Susan" <skawaguc@xxxxxxxx>]

 1. Current occupation, employer and position

eBay Inc. 

Global Domain Name Manager

 2. Type of work performed in 1 above
Domain registration, management and enforcement

3. Financial ownership or management leadership of registries, 
 registrars or other firms that are interested parties in Whois

None

4. Nature of your interest in Whois
 As a major brand owner including eBay, PayPal and Skype we are very concerned 
about the availability of whois information to protect our users from phishing 
and fraud and the ability to enforce our trademark rights upon infringing 
domain names and sites. 

Susan Kawaguchi
Global Domain Name Manager
eBay Inc. 
2145 Hamilton Avenue
San Jose, CA 95124

(P) 408 376-6489
(F) 408 376-7514
-----Original Message-----
From: Maria Farrell [mailto:maria.farrell@xxxxxxxxx] 
Sent: Monday, April 23, 2007 9:34 AM
To: Kawaguchi, Susan
Subject: RE: ICANN Whois Working Group. 

Hi Susan,

Here's the introductory email, and I've asked Glen to check that you're added 
to the mailing list. 

Thanks, Maria

On Behalf Of GNSO.SECRETARIAT@xxxxxxxxxxxxxx
> Sent: Thursday, April 19, 2007 7:18 PM
> To: gnso-whois-wg@xxxxxxxxx
> Subject: [gnso-whois-wg] Iintroduction to the WHOIS working group
> 
> Dear Member of the Whois Working Group,
> 
> Thank you very much for your interest in participating in the Whois 
> Working Group of the Generic Names Supporting Organisation (GNSO) of
ICANN.
> 
> The GNSO Council has appointed Philip Sheppard as the Interim Chair of 
> the WG.
> 
> 
> *First conference call: *
> The Whois Working Group will meet by conference call at  1200 UTC next 
> Wednesday, 25 April for 45 minutes to one hour. You will be sent 
> information with dial-in details directly, i.e. not by published 
> mailing
list.
> 
> *Essential information:*
>   Below is the Charter of this Working Group which sets out essential 
> information about the group's task and how it will operate. It also 
> includes basic background information on Whois. I will shortly be 
> sending you a 'Backgrounder' on Whois with further background information.
> 
> To find the main page of the GNSO, please take the following route 
> which will also show you further information about ICANN:
> go to www.icann.org
> <http://www.icann.org>,
> on the top menu, click on 'structure' which brings you to a diagram of 
> the ICANN structure, click on 'gnso' which will bring you to the GNSO 
> home
page.
> 
> The following are useful GNSO related links on the ICANN website:
> All minutes, dates of meetings and MP3 recordings of GNSO calls 
> http://gnso.icann.org/calendar/
> 
> Draft documents are posted at: http://gnso.icann.org/drafts/
> 
> Whois information including the Working Group Charter can be found here:
> http://gnso.icann.org/issues/whois-privacy/
> 
> The general GNSO mailing list archives are available at:
> http://www.gnso.icann.org/mailing-lists
> 
> Please find the archives of this Working Group at 
> http://forum.icann.org/lists/gnso-whois-wg
> 
> General GNSO correspondence and presentations are available here:
> http://gnso.icann.org/correspondence/
> 
> 
> *Working Group Requirements:*
> Members of this Working Group are required to fulfil the following:
> 
> - Provide a Statement of Interest before contributing to the WG
> - Familiarise themselves with the WG Charter and Backgrounder, 
> including Whois-related terminology
> - Make good faith efforts to attend all conference calls, and monitor 
> and contribute to the mailing list(s) (NB: ICANN does not support 
> phone or other costs
>    associated with this WG.)
> - Contribute substantively to the work of this group in a constructive 
> way
> - Maintain expected standards of civility and decorum in all 
> interactions regarding the WG
> 
> *Statements of Interest:*
> To contribute to group discussions by phone or mailing list, you must 
> have submitted a full Statement of Interest which will be published by 
> ICANN in connection with the work outcomes of this group.
> 
> Please send your Statement of Interest directly to the Working Group 
> List, gnso-whois-wg@xxxxxxxxx <mailto:gnso-whois-wg@xxxxxxxxx>, by  24 
> April, 2007, responding fully to the following questions:
> 
> 
> 1. Current occupation, employer and position
> 
> 2. Type of work performed in 1 above
> 
> 3. Financial ownership or management leadership of registries, 
> registrars or other firms that are interested parties in Whois
> 
> 4. Nature of your interest in Whois
> 
> 
> Please be aware that in fulfilment of ICANN's requirements for 
> openness and transparency, all emails sent to the Working Group 
> mailing list will be published on the ICANN website:
> http://forum.icann.org/lists/gnso-whois-wg/  Please do not send any 
> messages to the mailing list that contain personal data, e.g. address 
> or phone numbers.
> 
> *ICANN staff support*
> This Working Group is supported by the following ICANN staff members:
> 
> Glen de Saint Gery, GNSO Secretariat,
> 
> and
> 
> Maria Farrell, GNSO Policy Officer, tel. +32 2 234 78 70 (ICANN 
> Brussels
> office)
> 
> Please contact us if you have any questions.
> 
> Looking forward to working with you,
> 
> Glen de Saint Gery and Maria Farrell
> 
> 
> Whois Working Group Charter
> http://www.gnso.icann.org/issues/whois-privacy/whois-wg/whois-working-
> group-
> charter-16apr07.pdf
> 
> Approved by the GNSO Council on 16 April, 2007
> 
> STATUS OF THIS DOCUMENT
> 
> This is the FINAL Whois Working Group Charter agreed following the 
> GNSO Council meeting on 12 April, 2007.
> 
> 
> SUMMARY
> 
> This document sets out the essential information regarding the ICANN 
> Whois Working Group created by the GNSO Council on 28 March, 2007. It 
> includes that Working Group's objectives, work plan and methods, 
> timeline, information on participation and decision-making and basic 
> background information regarding ICANN and Whois.
> 
> 
> 
> 1   Introduction
> 
> The GNSO Council voted on 28 March, 2007 to create a Whois Working 
> Group with a broad, balanced and representative membership to take the 
> output of the WHOIS task force and carry out further work to address 
> concerns raised by the community and seek to reach greater consensus 
> around improvements to the WHOIS service that achieve a balance 
> between providing contact information adequate to facilitate timely 
> resolution of any problems that arise in connection with the Register 
> Name, and the need to take reasonable precautions to protect the data 
> about any identified or identifiable natural person from loss, misuse, 
> unauthorized access or disclosure, alteration, or destruction.
> 
> 2   Objective
> 
> The objective of the WG is to examine the issues raised with respect 
> to the policy recommendations contained in section 4 of the Whois Task 
> Force (Final Task Force Report on Whois Services[1])and make 
> recommendations concerning how those policy recommendations may be
improved to address these issues.
> 
> 3   Participation
> 
> The WG will allow for new insights regarding this issue, with people 
> drawn from the GNSO, members of the GAC, government agencies (such as 
> law enforcement agencies), and the broader community.
> 
> The membership of this WG extends to the following:
> 
> Nominating Committee appointed GNSO councilors GNSO constituency 
> members In addition, observers and liaisons may join the working group 
> on the following
> basis:
> 
> 
> 
> Observers shall not be members of or entitled to vote on the working 
> group, but otherwise shall be entitled to participate on equal footing 
> with members of the working group.  Observers will be able to join and 
> participate in the mailing list(s), and attend teleconferences or 
> physical
meetings.
> 
> 
> 
> Observers must provide their real name, organization (if associated 
> with an
> organization) and contact details to the GNSO secretariat, and the 
> GNSO secretariat will verify at least their email address and phone 
> contact information. Observers will also be requested to provide a 
> public statement of interest, as for working group members.
> 
> 
> 
> The GNSO Council has appointed Philip Sheppard as the Interim Chair of 
> the WG and the working group can elect a chair at its first meeting.
> 
> 4   Work Plan
> 
> The WG will report back to the GNSO Council by 30 July on the 
> following
> tasks:
> 
> 
> 
> 4a        Define the roles, responsibilities, and requirements of the
> contacts available for unrestricted public query-based access, and 
> what happens if the responsibilities are not fulfilled.
> 
> 
> 
> 4b.       Determine how and which legitimate third parties may access
> registration data that is no longer available for unrestricted, 
> public, query-based access.
> 
> 
> 
> 
> 
> 4c        Determine whether and how a distinction could be made between
> the registration contact information published based on the nature of 
> the registered name holder (for example, legal vs. natural persons) or 
> its use of the domain name (for example, commercial versus 
> non-commercial
use).
> 
> 5   Working Methods
> 
> The WG will work using the following methods:
> 
> ·         Teleconferences, likely to be once a week
> 
> ·         Wiki / other participatory forum or platform for group
> decision-making
> 
> ·         Face to face meeting at ICANN Puerto Rico meeting, 25-29 June,
> 2007 (remote participation in this meeting will be supported).
> 
> ·         Email list
> 
> 6   Decision-making
> 
> The WG will operate using a rough consensus approach. The WG will work 
> to achieve agreement on positions that most or all of the group 
> members are willing to support.
> 
> For the expression of views, the Working Group will use the following
> conventions:
> 
> -           Agreement -  there is broad agreement within the Working
> Group (largely equivalent to "rough consensus" as used in the IETF)
> 
> -           Support -  there is some gathering of positive opinion, but
> competing positions may exist and broad agreement has not been reached
> 
> -           Alternative view - a differing opinion that has been
> expressed, without garnering enough following within the WG to merit 
> the notion of either Support or Agreement.
> 
> 
> 
> Working with the group, the Chair will have the authority to establish 
> where agreement/support/alternative views exist.
> 
>   7   Timeline
> 
> The WG will convene within one week of the GNSO Council's agreement of 
> its Charter, by 20 April, 2007, latest.
> 
> The WG will work to achieve the following targets:
> 
> Produce for publication on the ICANN website a progress reports by 
> each of the following dates: 25 May, 2007, and 22 June, 2007.
> Conclude its work and submit a final report to the GNSO Council on or 
> before 30 July, 2007.
> If the WG has not been able to reach conclusions by 30 July, 2007, it 
> will terminate its work and report its outcomes to the GNSO Council by
that date.
> 
> 8   Background information
> 
> A further 'Backgrounder' document has been prepared which should also 
> be read by Working Group members - see section 9, 'Relevant 
> Documents',
below.
> 
> 
> 
> Whois
> 
> ICANN's agreements with gTLD registrars and gTLD registries require 
> them to provide  data concerning active Registered Names via three
> mechanisms: port-43 WHOIS, an interactive web page (often called WHOIS 
> service), and third-party bulk access. The Registrar Accreditation 
> Agreement
> (RAA) spells out which data is collected and which data is
> made available.   The data includes contact information of natural
> persons that includes names, postal addresses, email addresses, fax 
> and voice telephone numbers.
> 
> 
> 
> 
> 
> Whois Policy Development Process (PDP) of the Generic Names Supporting 
> Organisation (GNSO)
> 
> The GNSO is approaching the end of a policy development process (PDP) 
> on Whois to fulfill terms of reference agreed in June 2005[2]. The 
> Terms of Reference are to make policy recommendations to the ICANN 
> Board
on:
> 
> 1.      The purpose of the Whois service
> 
> 2.      The purpose of the Whois contacts (ie Registered Name Holder,
> technical contact, and administrative contact) and the purpose for 
> which the data is collected.
> 
> 3.      Which data should be available for public access, and determine
> how to access data that is not available for public access.
> 
> 4.      How to improve the process for notifying a registrar of
> inaccurate data, and how to improve the process for correcting 
> inaccurate data.
> 
> 5.      How to deal with any conflicts between the requirements of ICANN
> agreements, and local or national privacy laws
> 
> 
> 
> Regarding Term of Reference #1, the purpose of Whois, the GNSO Council 
> considered the work of the Whois Task Force and passed the following 
> resolution on 12 April, 2006:
> 
> 
> 
> "The GNSO Council recommends that the WHOIS task force use the 
> following
> definition:
> 
> "The purpose of the gTLD Whois service is to provide information 
> sufficient to contact a responsible party for a particular gTLD domain 
> name who can resolve, or reliably pass on data to a party who can 
> resolve, issues related to the configuration of the records associated 
> with the domain name within a DNS nameserver."
> 
> as a working definition to allow the task force to proceed on terms of 
> reference (2), (3), and (4)."
> 
> 
> 
> In response to public input[3] received on the purpose, the GNSO 
> Council clarified in its meeting of 20 July 2006[4] that the 
> definition related to the service that provides public access to some 
> of the data collected by registrars, and is not a definition of the 
> purpose of the data collected by the registrars in the course of
registering a domain name
> for their customers.   The GNSO Council also agreed to take the final
> report of the WHOIS task force, engage in further dialog with the 
> advisory committees, and consider improving the wording of the WHOIS 
> service definition so that it is broadly understandable.
> 
> 
> 
> Regarding Term of Reference #5, a Policy on conflicts between Whois 
> requirements and local or national privacy laws was developed by the
> GNSO and approved by the Board on 10 May 2006.   A draft Procedure for
> Handling Whois Conflicts with Privacy Law has been published on the 
> ICANN website at 
> (http://gnso.icann.org/issues/whois-privacy/whois_national_laws_proced
> ure.ht
> m).
> 
> 
> 
> Regarding Terms of Reference 2, 3 and 4, the Final Task Force Report 
> on Whois Services was created by the Whois Task Force and submitted to 
> the GNSO Council on 12 March, 2007. The Task Force Report and Staff 
> Discussion Points on Potential Implementation Issues are available at 
> http://icann.org/announcements/announcement-16mar07.htm.  The GNSO 
> Council met to consider the WHOIS task force report on Saturday 25 March
> 2007, and also met with the Government Advisory Committee.   Various
> concerns were raised regarding some of the recommendations in the 
> report, and subsequently the GNSO Council met on Wednesday 28 March 
> and decided to form a working group to attempt to resolve some of the 
> issues raised.  The former Whois Task Force has completed its work and 
> the Whois Working Group is directed to develop this work as set out in
this Charter.
> 
> 
> 
> On 28 March, 2007, the GNSO Council voted to pass the following 
> resolution, creating this WG:
> 
> "The GNSO Council resolves:
> 
> 
> 
> 1) To acknowledge the completion of the Whois TF work and note we have 
> received and discussed their report, and thank the task force for 
> their work
> 
> 
> 
> 2) To create a working group of affected stakeholders:
> 
> 
> 
> - including GNSO constituency, law enforcement and community 
> participants,
> 
> 
> 
> - whose work is to be completed within 120 days
> 
> 
> 
> - that will work to examine the issues raised with respect to the 
> policy recommendations of the task force and make recommendations 
> concerning how those policies may be improved to address these issues,
namely:
> 
> 
> 
> a. define the roles, responsibilities, and requirements of the 
> operational point of contact, and what happens if they are not fulfilled.
> 
> 
> 
> b. how legitimate interests will access registration data no longer 
> published via Whois,
> 
> 
> 
> c. whether a distinction should be made between the registration 
> contact information published based on the nature of the registered 
> name holder (for example, legal vs. natural persons) or its use of the
domain name."
> 
> 
> 
> 
> 
> On 28 March, 2007, the Government Advisory Committee to the ICANN 
> Board produced a set of public policy principles regarding Whois[5] in 
> line with the recommendations of the Tunis Agenda of the World Summit 
> on the Information Society.  The GAC recognized that the original 
> function of the gTLD WHOIS service is to provide a look up service to 
> Internet users. As the Internet has evolved, WHOIS data is now used in 
> support of a number of other legitimate (subject to applicable 
> national law) activities, including
> 
> 
> 
> "1.        Supporting the security and stability of the Internet by
> providing contact points for network operators and administrators, 
> including ISPs, and certified computer incident response teams;
> 
> 
> 
> 2.         Allowing users to determine the availability of domain names;
> 
> 
> 
> 3.         Assisting law enforcement authorities in investigations, in
> enforcing national and international laws, including, for example, 
> countering terrorism-related criminal offences and in supporting 
> international cooperation procedures. In some countries, specialized 
> non governmental entities may be involved in this work;
> 
> 
> 
> 4.         Assisting in combating against abusive uses of Information
> and Communication Technologies (ICTs), such as illegal and other acts 
> motivated by racism, racial discrimination, xenophobia, and related 
> intolerance, hatred, violence, all forms of child abuse, including 
> paedophilia and child pornography, and trafficking in, and 
> exploitation of, human beings.
> 
> 
> 
> 5.         Facilitating enquiries and subsequent steps to conduct
> trademark clearances and to help counter intellectual property 
> infringement, misuse and theft in accordance with applicable national 
> laws and international treaties;
> 
> 
> 
> 6.         Contributing to user confidence in the Internet as a reliable
> and efficient means of information and communication and as an 
> important tool for promoting digital inclusion, e-commerce and other 
> legitimate uses by helping users identify persons or entities 
> responsible for content and services online; and
> 
> 
> 
> 7.         Assisting businesses, other organizations and users in
> combating fraud, complying with relevant laws, and safeguarding the 
> interests of the public."[6]
> 
> 
> 
> The GAC principles stated that:
> 
> 
> 
> -  The definition, purpose, and operation of gTLD WHOIS services 
> should reflect and respect the different interests and concerns 
> outlined
above.
> 
> 
> 
> - gTLD WHOIS services must comply with applicable national laws and 
> regulations.
> 
> 
> 
> - gTLD WHOIS services should provide sufficient and accurate data 
> about domain name registrations and registrants subject to national 
> safeguards for individuals' privacy in a manner that:
> 
> 
> 
> 1.      Supports the stability, reliability, security, and global
> interoperability of the Internet, from both a technical and public 
> trust perspective; and
> 
> 
> 
> 2.       Facilitates continuous, timely and world-wide access.
> 
> 
> 
> - Ongoing collaboration among all relevant stakeholders who are users 
> of, affected by, or responsible for, maintaining WHOIS data and 
> services is essential to the effective implementation of these principles.
> 
> 
> 
>   9     Relevant Documents
> Group members should at a minimum familiarize themselves with the 
> Whois Working Group Backgrounder distributed to the Working Group on 
> 20 April, 2007.
> 
> The following documents are directly relevant to the work of this 
> Working Group and should be read by participants before joining the group:
> 
> Final Task Force Report on Whois Services, including the public 
> comments report on comments received on the policy proposals from 
> November 2006 - January 2007; 
> http://gnso.icann.org/issues/whois-privacy/whois-services-final-tf-rep
> ort-12
> mar07.htm
> 
> .
> Staff notes on Potential Implementation Issues; 
> http://gnso.icann.org/issues/whois/staff-discussion-points-whois-final
> -15mar
> 2007.htm
> 
> 
> Government Advisory Committee Principles regarding gTLD WHOIS Services 
> http://gac.icann.org/web/communiques/gac27com.pdf
> 
> 
> The email archives of this Working Group are published here:
> 
> http://forum.icann.org/lists/gnso-whois-wg/
> 
> Ongoing information and documentation on Whois is available here:
> 
> http://gnso.icann.org/issues/whois-privacy/
> 
> 
> 
> 
> 
> ----------------------------------------------------------------------
> ------
> ----
> 
> [1]
> http://gnso.icann.org/issues/whois-privacy/whois-services-final-tf-rep
> ort-12
> mar07.htm
> 
> 
> 
> [2] On 2nd June 2005, the GNSO Council set the Terms of Reference for 
> the then Whois Task Force. Full text of the ToR is here; 
> http://gnso.icann.org/policies/terms-of-reference.html,
> 
> [3] 2006 Whois correspondence from organizations is archived here:
> http://gnso.icann.org/issues/whois-privacy/correspondence.html. Whois 
> correspondence from governments and government agencies is archived
> here: http://gnso.icann.org/issues/whois-privacy/gov-input.html .
> 
> [4] http://gnso.icann.org/meetings/minutes-gnso-20jul06.shtml
> 
> [5] http://gac.icann.org/web/communiques/gac27com.pdf
> 
> [6] http://gac.icann.org/web/communiques/gac27com.pdf
> 
> 
> 
> 
> --
> Glen de Saint Géry
> GNSO Secretariat - ICANN
> gnso.secretariat[at]gnso.icann.org
> http://gnso.icann.org
> 
> 
> 


--
Glen de Saint Géry
ICANN
glen[at]icann.org
http://www.icann.org  

-----Original Message-----
From: Kawaguchi, Susan [mailto:skawaguc@xxxxxxxx]
Sent: Monday, April 23, 2007 5:52 PM
To: Maria Farrell
Cc: Glen De Saint Géry
Subject: RE: ICANN Whois Working Group. 


 Hi Maria, 

I haven't started receiving emails yet.  Can you check to make sure that I
am on the email list? 

Thanks, 


Susan Kawaguchi
Global Domain Name Manager
eBay Inc. 
2145 Hamilton Avenue
San Jose, CA 95124

(P) 408 376-6489
(F) 408 376-7514
-----Original Message-----
From: Maria Farrell [mailto:maria.farrell@xxxxxxxxx]
Sent: Thursday, April 19, 2007 1:15 AM
To: Kawaguchi, Susan
Cc: 'Glen De Saint Géry'
Subject: RE: ICANN Whois Working Group. 

Dear Susan,

Thanks very much for this and welcome to the group. I'm sending your details
to Glen de Saint Gery, the GNSO secretariat, and you can expect to start
receiving messages from today. 

All the best, Maria 

-----Original Message-----
From: Kawaguchi, Susan [mailto:skawaguc@xxxxxxxx]
Sent: Wednesday, April 18, 2007 8:13 PM
To: Maria Farrell
Subject: RE: ICANN Whois Working Group. 

Hi Maria, 

I will be participating as an observer.  

I look forward to working with the group. 

Best regards, 


Susan Kawaguchi
Global Domain Name Manager
eBay Inc. 
2145 Hamilton Avenue
San Jose, CA 95124

(P) 408 376-6489
(F) 408 376-7514
-----Original Message-----
From: Maria Farrell [mailto:maria.farrell@xxxxxxxxx]
Sent: Monday, April 16, 2007 9:07 AM
To: Kawaguchi, Susan
Subject: RE: ICANN Whois Working Group. 

Hello Susan,

Many thanks for your interest. Will you be participating as a member of the
Intellectual Property Constituency of ICANN or as an observer?
(There will be little practical difference for your participation, but I
need to know your affiliation.)

All the best, Maria
  

-----Original Message-----
From: Kawaguchi, Susan [mailto:skawaguc@xxxxxxxx]
Sent: Friday, April 13, 2007 8:58 PM
To: maria.farrell@xxxxxxxxx
Subject: ICANN Whois Working Group. 


Hello Maria, 

I would be very interested in participating in the ICANN Whois Working
Group.  eBay Inc. and our subsidiaries face many issues with phishing
attacks, registration of infringing domains and fraud on the internet.
eBay and Paypal are targets of over 50% of all phishing attacks.  Access to
the Whois record is extremely important to protecting our users and our
business.  

If there are going to be changes to the Whois I would definitely like to be
involved in the process. 

Best regards,   


Susan Kawaguchi
Global Domain Name Manager
eBay Inc. 
2145 Hamilton Avenue
San Jose, CA 95124

(P) 408 376-6489
(F) 408 376-7514