WHOIS Task Force 1 minutes

WHOIS Task Force 1 Teleconference January 20, 2004 - Minutes

ATTENDEES:

GNSO Constituency representatives:
gTLD Registries constituency: - Jeff Neuman - Chair
gTLD Registries constituency - David Maher (alternate)
Commercial and Business Users constituency - David Fares
Intellectual Property Interests Constituency - John Wolfe
Internet Service and Connectivity Providers constituency: - Antonio Harris
Registrars Constituency - Paul Stahura

Liaisons:
At-Large Advisory Committee (ALAC) liaisons - Thomas Roessler
ICANN Staff Manager: Barbara Roseman
GNSO Secretariat: Glen de Saint Géry

Absent:
Non Commercial Users Constituency - Milton Mueller
Intellectual Property Interests Constituency - Jeremy Banks
Commercial and Business Users constituency - Marilyn Cade (alternate)


Jeff Neuman suggested that the final list of non marketing users of Whois data, with contact persons mentioned where possible, should be finalized on the mailing list so that the letter could be sent out.

Jeff Neuman referred to the survey letter to be sent out to non marketing users of Whois data. The substance of the letter had been drafted on the January 13, call.

From: ICANN Whois Taskforce 1
Re: Your need for Whois information
To: [contact]

Dear [contact]

This letter comes to you on behalf of the Generic Names Supporting Organization ("GNSO") of the Internet Corporation for Assigned Names and Numbers ("ICANN"). ICANN is an internationally organized, non-profit corporation that has responsibility for Internet Protocol address space allocation, protocol identifier assignment, generic and country code Top-Level Domain name system management, and root server system management functions. The GNSO's role is to help to promote the development of Internet policy and encourage diverse and international participation in the technical management of the Internet.

We are members of a Task Force that has been appointed by the GNSO to examine the uses of Whois information obtained through two very specific sources. Under contractual agreements with ICANN, top-level domain registries and registrars are required to provide access to Whois data through "Port 43" as well as through the Web. The Internet has hundreds of "ports" which generally refers to locations through which an individual or organization is able to receive information. "Port 43" is the location that has been reserved for the distribution and receipt of contact information about the owner, administrative and technical contacts of a particular domain name.

To help the task force develop policy recommendations about access to Whois data, we are gathering information from organizations such as yours that we understand are using or have used Whois information for various purposes.

Because your business or activities could be affected by our recommendations, we encourage you to take a few moments to answer the questions below. Your input will be greatly appreciated. Your submissions will not be shared beyond the members of this task force.

Please note that all questions pertain only to whois information which is the name, email, street address, phone and other information about the registrant, and the other contacts, of the domain name), and not to zone file information which is the list of all domain names (with each name's name servers) registered at the registry.

In addition, for each question except for the last one, please feel free to select more than one answer to each question, if more than one answer is applicable.
1) How do you obtain the Whois information?
a. By using special tools like port-43
b. By submitting queries to a Web-based interface
c. By entering into bulk access licenses with ICANN- accredited registrars.
d. By obtaining WHOIS data in bulk from an entity that is not an ICANN-Accredited Registrar. Please specify the type of entity. _______________________________________
e. Other (Please explain) f. I don't know.

2) Are you getting this information directly from an ICANN-Accredited Registrar or gTLD Registry?
a. Yes
b. No.
c. I don't know

3) Do you routinely disseminate the obtained Whois information to third parties (Yes/No/don't know)?

3.1) If so, do you disseminate:
a. individual WHOIS records
b. WHOIS records in bulk
c. Other (please explain)
d. Don't know

3.2) If you answered yes to Number 3, how do you disseminate the obtained Whois information?
a) I operate a WHOIS proxy that is available through port 43

b) I operate a WHOIS proxy that is accessible through a web interface
c) Other (please specify)
d) Don't know

4) Approximately how many Whois queries/lookups do you perform on average per day?
a. Less than 10
b. 10-99
c. 100-1000
d. More than 1000
e. It varies too much to select the other options: some days it is many (say, over 1000) and some days none
f. I don't know

5) Do you store the Whois information?
a. Not at all
b. I cache queries for a short period (less than a week)
c. I store it for longer periods such as more than a week

6) Please indicate the general purposes of your use of Whois data (you may select more than one item - choose as many that apply)

a. For law enforcement by public authorities
b. For intellectual property enforcement by trademark/copyright holders or their designated representatives
c. For development of commercial products or services that facilitate law enforcement by public authorities.
d. For development of commercial products or services that facilitate intellectual property enforcement
e. For marketing purposes
f. For inter-registrar domain name transfers
g. To facilitate spam prevention
h. To operate a public information service
i. Statistical research on domain name registrations, Internet users, etc.
j. For resale of Whois information as an information service
k. Other: ___________________________________

7) In your own words, please provide a brief explanation of how you obtain and use Whois data.

8) If you currently use Port 43 to access WHOIS information, and such access were not available in the future, would you be able to use any other source for such data?
a) If so, please explain the source?
b) If so, what do you believe will be the effect on you or your organization of using such alternate source?


9) What is the most important factor (justifying/explaining) your access to WHOIS data. (Although each answer may be applicable to you or your organization, please select only the most relevant answer below):
a) the cost
b) the convenience or need for immediate online access to contact information
c) no other way to get the needed data

Please explain your answer.

Thank you very much for your time and participation.

For our complete description of work, please see /issues/whois-privacy/tor.shtml.

Regards, Jeffrey J. Neuman
ICANN Whois Taskforce 1 Chair

Jeff Neuman referred to Milton Mueller's comment that an introduction was unnecessary and public education on ICANN was inappropriate.
Generally it was felt that the specific introduction was educative and informative.

It was suggested that the 4th paragraph be moved up to the beginning making relevant to the first answer but not identify them.

Take out port 43 explanation
The Internet has hundreds of "ports" which generally refers to locations through which an individual or organization is able to receive information. "Port 43" is the location that has been reserved for the distribution and receipt of contact information about the owner, administrative and technical contacts of a particular domain name.
and put it in language from Thomas as an explanation for question 1:
Registrars and registries make WHOIS information available through multiple query-based mechanisms, including web-based interfaces and a special network protocol informally referred to as "port-43 WHOIS." How do you obtain WHOIS Information? a) By submitting queries to a web-based interface. b) Using special tools, e.g., using port-43 WHOIS. c) ...

Tony Harris referred to "Because your business or activities could be affected by our recommendations," as being strong language and proposed:"Whois data accessibility used in your business or activities...." suggesting that it is the access to the Whois data that could be affected by the recommendations rather than the business or activities which would be a consequence.

Question 1, a and b should be switched
Replace a) By using special tools like port-43
with the suggested language:
a) by submitting queries to a port 43 based interface

Question 2. It was suggested providing a link from the ICANN website to the Accredited registrars and gTLD Registries.
Question 3.1) If so, do you disseminate: should read
3.1) If yes, do you disseminate:

Question 7. Suggested wording,

If applicable, please provide a brief explanation of your use, if any, of query based Whois services

Question 8 If you currently use Port 43 to access WHOIS information, and such access were not available in the future, would you be able to use any other source for such data?

replace:
a) If so, please explain the source?
b) If so, what do you believe will be the effect on you or your organization of using such alternate source?

with:

If not, why?

Question 9: What is the most important factor (justifying/explaining) your access to WHOIS data. (Although each answer may be applicable to you or your organization, please select only the most relevant answer below):
a) the cost
b) the convenience or need for immediate online access to contact information
c) no other way to get the needed data

"Justifying/explaining" were the controversial words where a rewording replacement was suggested :
What is the most important factor driving your access to WHOIS data as you currently use it.

Jeff Neuman volunteered to circulate a revised draft of the questionnaire.
Jeff Neuman and Barbara Roseman would decide the best way to distribute the letter and questionnaire.

Timelines
Jeff Neuman referred to the revised timelines after the discussion with the GNSO Chair

Send out Questionnaire by end of week 22/23 January
Jeff Neuman to send out final non marketing contact list
Formal request:soliciting constituency policy statements
Suggested wording:

Here are the terms of reference for the task force. Please let know your policy positions on these questions and also here is the survey that we are sending out to target firms and if you have anybody else in mind to send it to please do so and let us know who it is.

February 9 Responses to questionnaire should be returned
February 16 Constituency policy statements

Thomas Roessler questioned constituency statements before the fact finding data was returned.
Jeff Neuman clarified that constituency statements would be policy statements based on issues in the terms of reference.
Barbara Roseman explained that the situation was different for the current policy development processes which did not take into account data gathering. It was suggested that the constituency statement call be sent out at this stage and include a clarification that there would be additional time for public comment further in the process after the new data collection was presented. The constituency statements were needed to form the report for presentation to the public. Each task force would ask for a separate constituency statement.

Paul Stahura suggested that the constituency statements have a general section that could cover all three task forces as well as a separate area for comments on each task force's specific terms of reference.

February 25 Interim report: comprising the factual findings from the survey results as a base of discussion at the Whois Rome workshop on Wednesday 3 March.

April 9 Preliminary report comprising feedback from the Whois workshop in Rome, factual information and constituency policy suggestions and policy recommendations.
April 29 Public comment closes

May 20 (tbd in coordination with the GNSO Council meeting) Final report to Council
Preliminary report policy recommendations may be changed if there would be relevant subsequent material to support the changes.

Whois Workshop at Rome ICANN meetings, Wednesday 3 March, one and a half hour timeline
Each task force chair will make a brief presentation on the task force findings,
Followed by discussion and feedback
Presentation of the timeline
Comments may be addressed by the task force members

Next Call: January 27, 2004

Needs and justification chart
columns chart to be filled in from Montreal workshop material plus other material
Responsible: David Maher, Wendy Seltzer and Thomas Roessler

Jeff Neuman thanked everyone for their presence and participation and ended the call at 17:05 UTC.

Next call: Tuesday 27 January 2004, 16:00 UTC, 11:00 EST, 8:00 Los Angeles, 17:00 CET.