RE: [pdp-pcceg-feb06] Term of Reference 5: Precis of existing positions

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

Liz,

 

I think we need to go back and analyze the results on 5(b).  For
example, I thought the NCUC was saying that more work needed to be done
but not "yes" to there should be "nondiscriminatory access".  In fact,
there statement was pretty clear that they thought there shouldn't be.
In other words, for 5(b) what were people saying yes to.  Was it:

 

1)       Yes, there should be nondiscriminatory access or

2)       Yes, more work needs to be done.

 

More comments to follow.

 

Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & Business Development 

NeuStar, Inc. 

________________________________

From: owner-pdp-pcceg-feb06@xxxxxxxxx
[mailto:owner-pdp-pcceg-feb06@xxxxxxxxx] On Behalf Of Liz Williams
Sent: Thursday, January 18, 2007 8:01 AM
To: PDPfeb06
Subject: [pdp-pcceg-feb06] Term of Reference 5: Precis of existing
positions

 

Colleagues

 

I have been following the traffic on TOR 5 since the conference call on
Tuesday.  I don't know whether everyone is up to speed on the views of
each constituency and I have included a summary of the positions so far.
We are working towards determining where there is some level of
agreement on two remaining questions which will be discussed in the 23
Jan and 6 Feb conference calls.

 

TERM OF REFERENCE 5

Uses of registry data

 

5a Examine whether or not there should be a policy regarding the use of
registry data for purposes other than for which it was collected, and if
so, what the elements of that policy should be.

 

Policy Recommendation Q:  There should be a policy regarding the use of
registry data [which includes traffic data] for purposes other than that
for which it was

collected.

 

Yes: Registrar, NCUC, IPC, BC, ISP, RC

No:  Registry

 

Clear support for a policy regarding the use of registry data.

 

The outstanding question is what the elements of that policy should be
beyond that which is already contained in the existing registry
contracts.  Please refer to the provision in the .org agreement as a
starting point.

 

3. 1(f) Traffic Data. Nothing in this Agreement shall preclude Registry
Operator from making commercial use of, or collecting, traffic data
regarding domain names or non-existent domain names for purposes such
as, without limitation, the determination of the availability and health
of the Internet, pinpointing specific points of failure, characterizing
attacks and misconfigurations, identifying compromised networks and
hosts and promoting the sale of domain names, provided however, that
such use does not permit Registry Operator to disclose domain name
registrant or end-user information or other Personal Data as defined in
Section 3.1(c)(ii) that it collects through providing domain name
registration services for any purpose not otherwise authorized by this
agreement. In this regard, in the event the TLD registry is a "thick"
registry model, the traffic data that may be accessible to and used by
Registry Operator shall be limited to the data that would be accessible
to a registry operated under a "thin" registry model. The process for
the introduction of new Registry Services shall not apply to such
traffic data. Nothing contained in this section 3.1(f) shall be deemed
to constitute consent or acquiescence by ICANN to an introduction by
Registry Operator of a service employing a universal wildcard function.
To the extent that traffic data subject to this provision is made
available, access shall be on terms that are nondiscriminatory.  

 

5b. Determine whether any policy is necessary to ensure
non-discriminatory access to registry data that is made available to
third parties.

 

Policy Recommendation R:   There should be a policy to ensure
non-discriminatory access to registry data that is made available, but
that policy should include safeguards on protection against misuse of
the data. [and that the work needs to be completed by the TF]

 

Yes: Registrar, NCUC, IPC, BC, ISP, RC

No:  Registry

 

There is support for a policy to ensure non-discriminatory access to
registry data that is made available to third parties.

 

Examples of elements of that policy should be equal pricing and equal
treatment on requests for data [not dissimilar to the approach taken in
the telecommunications world on incumbent interconnection pricing]

 

The safeguards on protection against misuse of the data need further
examination and require suggestions from the TF members.

 

In preparation for our conference call on 23 January, please provide
further suggestions about possible policy elements on 5a and 5b.

 

Kind regards.

 

Liz

 

.....................................................

 

Liz Williams

Senior Policy Counselor

ICANN - Brussels

+32 2 234 7874 tel

+32 2 234 7848 fax

+32 497 07 4243 mob