GNSO Council Teleconference Minutes
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20 July 2006 Proposed agenda and meeting documents List of attendees: 14 Council Members Bruce Tonkin chaired this meeting Item 1: Update any statements of interest No updates noted Item 3: Vote on tabled WHOIS motion from Marrakech "The GNSO Council notes that the WHOIS definition approved by the GNSO Council on 18 April 06, as a working definition to allow the WHOIS task force to proceed with its work, is related to the service that provides public access to some of the data collected by registrars. It 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. In response to the extensive community and Government input on the definition of the purpose of WHOIS, the GNSO Council agrees to undertake the following steps: (1) Each Council member that voted in favour of the definition may provide a brief explanation of the reason for supporting the resolution and their understanding of its meaning. (2) The ICANN staff will provide a summary of the other interpretations of the definition that have been expressed during the public comment period, and subsequently in correspondence from the public and Governments. (3) The GNSO Council requests that the WHOIS task force continue with their work as specified in the terms of reference taking into account the recent input that has been provided. (4) The GNSO Council will take the Final Report (as specified in clause 9(c) of the GNSO PDP process) from the WHOIS task force after the task force finishes its work on all the terms of reference, engage in further dialogue with the Advisory Committees (including the GAC, SSAC and ALAC), and consider improving the wording of the WHOIS service definition so that it is broadly understandable. Note that the WHOIS Task force will produce a Task Force Report (as specified in clause 7(e) of the GNSO PDP process) later in 2006 that addresses all terms of reference. This report will be subject to a further public comment process, and the output of this public comment will be incorporated into the Final Report. Note that the previous clause (3) in the motion posted on 13 July 2006 that related to the purposes for collecting data is now the subject of a separate motion (see below)." Two friendly amendments were proposed: Discussion on the motion clarified the following areas: - The motion's intent was to direct the WHOIS task force to continue its work, while taking additional input into consideration. Bruce Tonkin seconded by Marilyn Cade proposed a motion on the WHOIS service: "The GNSO Council notes that the WHOIS definition approved by the GNSO Council on 18 April 06, as a working definition to allow the WHOIS task force to proceed with its work, is related to the service that provides public access to some of the data collected by registrars. It 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. In response to the extensive community and Government input on the definition of the purpose of WHOIS, the GNSO Council agrees to undertake the following steps: (1) Any Council member who voted in favour of the definition may provide a brief explanation of the reason for supporting the resolution and their understanding of its meaning. An Advisory Committee that supports the current definition may also make a statement for the record through the appropriate liaison to the GNSO Council. (2) The ICANN staff will provide a summary of the other interpretations of the definition that have been expressed during the public comment period, and subsequently in correspondence from the public and Governments. (3) The GNSO Council requests that the WHOIS task force continue with their work as specified in the terms of reference taking into account the recent input that has been provided. (4) The GNSO Council will take the Final Report (as specified in clause 9(c) of the GNSO PDP process) from the WHOIS task force after the task force finishes its work on all the terms of reference, engage in further dialogue with the Advisory Committees (including the GAC, SSAC and ALAC), and consider improving the wording of the WHOIS service definition so that it is broadly understandable. Note that the WHOIS Task force will produce a Task Force Report (as specified in clause 7(e) of the GNSO PDP process) later in 2006 that addresses all terms of reference. This report will be subject to a further public comment process, and the output of this public comment will be incorporated into the Final Report. Note that the previous clause (3) in the motion posted on 13 July 2006 that related to the purposes for collecting data is now the subject of a separate motion. In response to the extensive community and Government input on the definition of the purpose of WHOIS, the GNSO Council agrees to undertake the following steps: (1) Any Council member who voted in favour of the definition may provide a brief explanation of the reason for supporting the resolution and their understanding of its meaning. An Advisory Committee that supports the current definition may also make a statement for the record through the appropriate liaison to the GNSO Council. (2) The ICANN staff will provide a summary of the other interpretations of the definition that have been expressed during the public comment period, and subsequently in correspondence from the public and Governments. (3) The GNSO Council requests that the WHOIS task force continue with their work as specified in the terms of reference taking into account the recent input that has been provided. (4) The GNSO Council will take the Final Report (as specified in clause 9(c) of the GNSO PDP process) from the WHOIS task force after the task force finishes its work on all the terms of reference, engage in further dialogue with the Advisory Committees (including the GAC, SSAC and ALAC), and consider improving the wording of the WHOIS service definition so that it is broadly understandable. Note that the WHOIS Task force will produce a Task Force Report (as specified in clause 7(e) of the GNSO PDP process) later in 2006 that addresses all terms of reference. This report will be subject to a further public comment process, and the output of this public comment will be incorporated into the Final Report. Note that the previous clause (3) in the motion posted on 13 July 2006 that related to the purposes for collecting data is now the subject of a separate motion. Bruce Tonkin introduced the second motion and stated that it related to the data that is collected by registrars and what happened with that data collected. It was intended as a parallel activity to the WHOIS task force work. The definition of "Personal data" in clause 1.6 of the Registrar Accreditation Agreement: Personal data refers to any identified or identifiable natural person. It was noted that even a work address for a natural person could be considered as personal data. "The GNSO Council notes that, consistent with generally accepted privacy principles, Registrars are required under clause 3.7.7.4 of the Registrar Accreditation Agreement to provide notice to each new or renewed Registered Name Holder stating: (i) The purposes for which any Personal Data collected from the applicant are intended; (ii) The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); (iii) Which data are obligatory and which data, if any, are voluntary; (iv) How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. To further understand the range of purposes for which data is intended, the GNSO proposes the following steps: (1) The ICANN staff will review a representative sample of registrar agreements with Registered Name Holders, taking into account the issues of geographical diversity and rule of law variances, to identify some of the purposes for which registrars collect Personal Data in the course of registering a domain name for their customers. (2) The ICANN staff will review a representative sample of cctld registry or cctld registrar agreements with registrants, taking into account the issues of geographical diversity and rule of law variances, to identify some of the purposes for which these organisations collect Personal Data from registrants. (3) The ICANN staff will summarise the current material that has resulted from WHOIS discussions since 2002 that document the current uses and abuses of the Personal Data that is currently made public through the WHOIS service. (4) Supported by the material produced in steps (1), (2) and (3) above, the Council will undertake a dialogue with the ICANN Advisory Committee's, such as the GAC, SSAC and ALAC, regarding the purposes for collecting Personal Data, and discuss whether any policy development is required in this area consistent with ICANN's mission and core values. The dialogue should seek to examine and understand consumer protection, privacy/data protection and law enforcement perspectives." The motion carried with a vote by acclamation. (i) The purposes for which any Personal Data collected from the applicant are intended; (ii) The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); (iii) Which data are obligatory and which data, if any, are voluntary; (iv) How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. To further understand the range of purposes for which data is intended, the GNSO proposes the following steps: (1) The ICANN staff will review a representative sample of registrar agreements with Registered Name Holders, taking into account the issues of geographical diversity and rule of law variances, to identify some of the purposes for which registrars collect Personal Data in the course of registering a domain name for their customers. (2) The ICANN staff will review a representative sample of cctld registry or cctld registrar agreements with registrants, taking into account the issues of geographical diversity and rule of law variances, to identify some of the purposes for which these organisations collect Personal Data from registrants. (3) The ICANN staff will summarise the current material that has resulted from WHOIS discussions since 2002 that document the current uses and abuses of the Personal Data that is currently made public through the WHOIS service. (4) Supported by the material produced in steps (1), (2) and (3) above, the Council will undertake a dialogue with the ICANN Advisory Committee's, such as the GAC, SSAC and ALAC, regarding the purposes for collecting Personal Data, and discuss whether any policy development is required in this area consistent with ICANN's mission and core values. The dialogue should seek to examine and understand consumer protection, privacy/data protection and law enforcement perspectives." Item 4: Vote to initiate IDN-gTLD PDP [PDP-Jul06] It was suggested that staff should work towards a substantive report representative of all workshops, historical materials on the topic and taking into account any input from councillors . Dr. Liz Williams wished her thanks to be recorded to all those who had contributed and been closely involved in the process. Item 6: Update on PDP-Feb06 - Contractual conditions for existing gTLDs Release an updated version of report Marilyn Cade was not in agreement delaying this step and considered that access to advice and dialogue with anti-trust and competition experts earlier in the process, would be more advantageous.
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