[pdp-pcceg-feb06] [Fwd: RE: GNSO call from 18 January re: Registry Data]

["GNSO.SECRETARIAT@xxxxxxxxxxxxxx" <gnso.secretariat@xxxxxxxxxxxxxx>]

[To: pdp-pcceg-feb06@xxxxxxxxxxxxxx]


In preparation for the task force call shortly



ICANN staff will be on the teleconference call this morning.



Registry agreements contain the following language with respect to
registry data and this particular text was pulled from the .INFO
agreement
(http://icann.org/tlds/agreements/info/registry-agmt-08dec06.htm).
Sponsored TLD agreements do not contain Traffic Data text because of the
unique relationship with their sponsoring community.



I hope this provides some insight to your inquiry about registry data
vis a vis contractual requirements.





*3.1 (c) (i) Data Escrow*. Registry Operator shall establish at its
expense a data escrow or mirror site policy for the Registry Data
compiled by Registry Operator. Registry Data, as used in this Agreement,
shall mean the following: (1) data for domains sponsored by all
registrars, consisting of domain name, server name for each nameserver,
registrar id, updated date, creation date, expiration date, status
information, and DNSSEC related key material (if Registry Operator
implements DNSSEC); (2) data for nameservers sponsored by all registrars
consisting of server name, each IP address, registrar id, updated date,
creation date, expiration date, and status information; (3) data for
registrars sponsoring registered domains and nameservers, consisting of
registrar id, registrar address, registrar telephone number, registrar
e-mail address, whois server, referral URL, updated date and the name,
telephone number, and e-mail address of all the registrar's
administrative, billing, and technical contacts; (4) domain name
registrant data collected by the Registry Operator from registrars as
part of or following registration of a domain name; and (5) the
DNSSEC-related material necessary to sign the .info zone (e.g., public
and private portions of .info zone key-signing keys and zone-signing
keys)(if Registry Operator implements DNSSEC). The escrow agent or
mirror-site manager, and the obligations thereof, shall be mutually
agreed upon by ICANN and Registry Operator on commercially reasonable
standards that are technically and practically sufficient to allow a
successor registry operator to assume management of the TLD. To this
end, Registry Operator shall periodically deposit into escrow all
Registry Data on a schedule (not more frequently than weekly for a
complete set of Registry Data, and daily for incremental updates) and in
an electronic format mutually approved from time to time by Registry
Operator and ICANN, such approval not to be unreasonably withheld by
either party. In addition, Registry Operator will deposit into escrow
that data collected from registrars as part of offering Registry
Services introduced after the Effective Date of this Agreement. The
schedule, content, format, and procedure for escrow deposits shall be as
reasonably established by ICANN from time to time, and as set forth in
Appendix 1 hereto. Changes to the schedule, content, format, and
procedure may be made only with the mutual written consent of ICANN and
Registry Operator (which neither party shall unreasonably withhold) or
through the establishment of a Consensus Policy as outlined in Section
3.1(b) above. The escrow shall be held under an agreement, substantially
in the form of Appendix 2, as the same may be revised from time to time,
among ICANN, Registry Operator, and the escrow agent.



*3.1 (c) (ii) Personal Data*. Registry Operator shall notify registrars
sponsoring registrations in the registry for the TLD of the purposes for
which Personal Data (as defined below) submitted to Registry Operator by
registrars, if any, is collected, the intended recipients (or categories
of recipients) of such Personal Data, and the mechanism for access to
and correction of  such Personal Data. Registry Operator shall take
reasonable steps to protect Personal Data from loss, misuse,
unauthorized disclosure, alteration or destruction. Registry Operator
shall not use or authorize the use of Personal Data in a way that is
incompatible with the notice provided to registrars. "Personal Data"
shall refer to all data about any identified or identifiable natural person.



*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.





Craig



_____________________



Craig Schwartz

Chief gTLD Registry Liaison

ICANN

4676 Admiralty Way, Suite 330

Marina del Rey, CA 90292



Direct +1 310 301 5832

Mobile +1 310 447 4913

www.icann.org




--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org