[ga] Subsection 3.3.6.3

[DannyYounger@cs.com]

Kristy,

I have a question regarding a portion of the recently posted Interim Report 
of the Names Council's WHOIS Task Force cited at 
http://www.dnso.org/clubpublic/nc-whois/Arc00/doc00050.doc   ...perhaps you 
can forward this query to the appropriate parties.

In the section entitled "Interim 4.0  Marketing use of WHOIS data -- bulk 
access provisions" (section C), the comment is made "This subsection 
[3.3.6.3] is probably acceptable...".  I have to question how the task force 
arrived at that particular conclusion.

On the 22nd of January, ICANN General Counsel Louis Touton notified the Names 
Council of the ICANN Board Referral of the Bulk Whois Issue to the DNSO (see 
http://www.dnso.org/clubpublic/council/Arc09/msg00061.html ).  At the heart 
of this referral, which stemmed from a Reconsideration Committee 
recommendation regarding Request 01-4 as submitted by Verio Inc., is a 
concern over this particular subsection.     

Yet in the record of the WHOIS Task Force, I have not come across any 
discussion of the relevant issues raised by Verio that pertain to this 
subsection, nor any mention of the several prior litigation documents 
(Register.com v. Verio cited at http://www.icann.org/legal/litigation.htm) 
which repeatedly implicated this subsection (unless I missed it somehow while 
going through the archives). 

Before the TF settles on the language that the subsection is probably 
acceptable, perhaps someone could confirm/document that the TF has indeed 
looked at this issue carefully, and that the Verio organization (as an 
impacted party) has been asked, per proper consensus formulation procedures, 
for their input.

Best wishes,
Danny
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