WHOIS Task Force 2 minutes

WHOIS Task Force 2 Teleconference January 12 - Minutes

ATTENDEES:

Liaisons:
At-Large Advisory Committee (ALAC) liaisons - Thomas Roessler chaired the meeting in the absence of Jordyn Buchanan

GNSO Constituency representatives:
Intellectual Property Interests Constituency - Niklas Lagergren
Intellectual Property Interests Constituency - Steve Metalitz (speaker)
Registrars Constituency - Thomas Keller
TLD Registries constituency - David Maher
Internet Service and Connectivity Providers constituency - Maggie Mansourkia
Commercial and Business Users constituency:- Marilyn Cade
Non Commercial Users Constituency:- Kathryn Kleiman
GNSO Council independent representative - Amadeu Abril I Abril


GNSO Secretariat: Glen de Saint Géry

Absent with apologies
gTLD Registries constituency: - Jordyn Buchanan chair
ICANN Staff Manager: Barbara Roseman

Kathy Kleiman proposed Thomas Roessler as the Chair in the absence of Jordyn Buchanan.
David Maher nominated Kathy Kleiman who declined.

Meeting agenda:
Item 1. Barbara Roseman - covering letter + enquire whether the other WHOIS task forces would ask the GAC questions.
Item 2. Jordyn Buchanan - Create an easy to read data element chart
Item 3. Jordyn Buchanan would contact E P regarding the ccTLD survey.
a. Tom Keller - ccTLD questions
Item 4. Kathy Kleiman - enquire about an online form for the OECD material.
Item 5. Steve Metalitz/Thomas Roessler - Update the chart with .name - list the different elements in .name
Item 6. Discuss questions to the GAC

Item 1. Covering letter + enquire whether the other WHOIS task forces would ask the GAC questions.
Deferred until Barbara Roseman can be on the call.

Item 2. Jordyn Buchanan - Create an easy to read data element chart
Thomas Roessler referred to Jordyn Buchanan's easy to read data chart which notes general elements, registrant contact, technical, administrative and billing contact but does not list where the data elements are used where they are not used.
Steve Metalitz commented that questions may have to be modified, but that it was the best way to proceed without getting bogged down in detail, while Thomas Roessler added that those data elements not common across registries and registrars could perhaps be footnoted.

The data chart, with the proposed footnote modification was accepted by the task force as a base for proceeding with the questions.

Item 3. Jordyn Buchanan would contact Elisabeth Porteneuve regarding the ccTLD survey.
The GNSO Secretariat noted that in discussion with Elisabeth Porteneuve, who clarified her note to the GNSO Council, had emphasized the wide population that the ccTLD survey would reach out to, questions would be welcome and the survey would probably start about January 16, 2004.
Tom Keller referred to the proposed questions that he had prepared for the ccTLDs and ccNSO.

The GNSO's WHOIS Task Force #2 is chartered with reviewing the current ICANN whois policy regarding the collection, disclosure and transmittal of data. Since whois data may contain personal information like telephone number and email address we are interested in your knowledge and experience towards your local privacy regulation and its effects on your whois policy. Information (including links and copies) to the following points are of our particular interest:
1. Is there a privacy regulation in you country which has effects on your whois policy and if yes what regulations are these and how are they implemented.
2. Do you have or had contact to a local official privacy body in regard to whois and could you facilitate a contact for informational purposes?
3. What contact data do you collect from registrants, and to whom is the data made available?
4. Do you obtain the consent of registrants to the uses of data about them, and if so, how is this consent obtained?
5. Have you changed or are you planning to change your whois policy to suit your local privacy regulation?

Kathy Kleiman suggested sending the survey to the ccNSO as well.
Steve Metalitz suggested giving other constituencies time to react, (at least 24 hours) if they had further questions.
Thomas Roessler suggested accepting the questions, forwarding the questions to Elisabeth Porteneuve, ccTLD CENTR and the ccNSO, enquiring about the scale of the survey and if necessary reworking the questions.

Item 4. Kathy Kleiman - enquire about an online form for the OECD material.
Kathy Kleiman reported that there was no input for the present meeting.

Item 5. Steve Metalitz/Thomas Roessler - Update the chart with .name - list the different elements in .name
Thomas Roessler referred to the data element updated chart with .name as discussed during the last task force teleconference
It was suggested that it be made available on the GNSO website.
Steve Metalitz reminded the group that the Registry constituency should review the chart.

David Maher undertook to carry out the review process by the Registry constituency by Wednesday 14, January.

Item 6. Discuss questions to the GAC
Thomas Roessler referred to the original set of questions submitted by Kathy Kleiman and then requested Tom Keller to read through the questions that he drew up.

The GNSO's WHOIS Task Force #2 is chartered with reviewing the current ICANN whois policy regarding the collection, disclosure and transmittal of data obtained when a domain name is registered, and how consent of the registrant to these policies is obtained. In general, these data elements may include: domain name registrant's name, address, phone and fax number, e-mail address. The same information is collected for administrative and technical contacts. Part of the Task Force's charter is to document examples of relevant existing privacy laws regarding the display and transmittal of this data which may inform the Task Force's work and guide us in our decisions. Information (including links and copies) of laws, regulations, and cases responsive to the following points are of our particular interest:
1. Must a data subject consent to the collection and processing of his data?
2. Must a data subject consent to the disclosure of his collected data?
3. Can a data subject withdraw his consent to the disclosure of his data?
4. Has a data subject the right to stay anonymous and not disclose any data?
5. Is there any regulation on the transmittal of personal data to other countries?

Steve Metalitz reviewed the questions and made the following modifications and added a sixth question:
1. Must a domain name registrant consent to the collection and processing of his data in connection with domain name registration?
2. Must a registrant consent to the disclosure of this data?
3. Can a registrant withdraw his consent to the disclosure of this data?
4. Does a registrant have a legal right to stay anonymous and not disclose any data?
5. Is there any regulation on the transmittal of personal data in connection with domain name registration to other countries?
6. Does the applicability of the law of your country depend on the location or nationality of the registrant, the registrar, or the registry? How would the applicable law be determined in a situation in which these three parties are located in different countries?

Kathy Kleiman commented that the original questions that she had drawn up were close to the requirements of the GNSO Council description of work and felt that the first set of questions as set out by Tom Keller were the more preferable.

Steve Metalitz pointed to the time line and commented that there was no rush with the questions to the GAC and that there should be more information from the GAC working group, while Thomas Roessler urged the task force to reach an agreement on the questions.
There was no consensus noted on this point.
Thomas Roessler summarised by saying that there was convergence on the GAC questions, but they did not want to finalize them today.
Tom Keller's questions were the results of the task force discussion.
Steve Metalitz's wording proposal of "registrant" to replace "data subject" was accepted.

"Data subject language" was proposed as the acceptable term but it was argued that direct language was preferable.
Marilyn Cade reminded the task force that interaction with the GAC was a GNSO Council issue which was on the agenda for the forthcoming meeting on January 22, 2004.

The final set of questions was agreed upon:

The GNSO's WHOIS Task Force #2 is chartered with reviewing the current ICANN whois policy regarding the collection, disclosure and transmittal of data obtained when a domain name is registered, and how consent of the registrant to these policies is obtained.

In general, these data elements may include: domain name registrant's name, address, phone and fax number, e-mail address.
The same information is collected for administrative and technical contacts. Registrant, administrative contact, technical contact, and billing contact are, for convenience, referred to as "data subjects" below. Part of the Task Force's charter is to document examples of relevant existing privacy laws regarding the display and transmittal of this data which may inform the Task Force's work and guide us in our decisions. Information (including links and copies) of laws, regulations, and cases responsive to the following points are of our particular interest:

1. Must a data subject consent to the collection and processing of his data?
2. Must a data subject consent to the disclosure of his collected data?
3. Can a data subject withdraw his consent to the disclosure of his data?
4. Has a data subject the right to stay anonymous and not disclose any data?
5. Is there any regulation on the transmittal of personal data to other countries that is applicable in connection with domain name registration?
6. Does the applicability of the law of your country depend on the location or nationality of the data subject, the registrar, or the registry?
How would the applicable law be determined in a situation in which these three parties are located in different countries?

It was proposed that Steve Metalitz's suggestion "applicable" be retained in question 5 as well as the sixth question be added.

Any Other Business

The unfinished cover letter was mentioned and as soon as that was available the questions could be sent out.

Next Call:

In consultation with Jordyn Buchanan, the next call would be scheduled for: Monday 19 January: 8:00 LA, 11:00 EST, 17:00 CET,
It was brought to the task force's attention that Monday 19 January was a Federal holiday in the United States

Task Force participants in Rome:
Intellectual Property Interests Constituency - Niklas Lagergren
Intellectual Property Interests Constituency - Steve Metalitz
Registrars Constituency - Thomas Keller
TLD Registries constituency - David Maher
Internet Service and Connectivity Providers constituency - Maggie Mansourkia
Commercial and Business Users constituency:- Marilyn Cade
GNSO Council independent representative - Amadeu Abril I Abril

Thomas Roessler thanked everyone for their presence and participation and ended the call at 18:50 UTC.

Next call: Monday 19 January 2004, 16:00 UTC, 11:00 EST, 8:00 Los Angeles, 17:00 CET.