[ga] ensuring that your voice and input is heard on open comment sites

["Cade,Marilyn S - LGA" <mcade@att.com>]

Dear Mike, Jeff and others

This  is a reminder: the WHOIS TF public comment period closes 11/8. 
We welcome your postings to the site.  You can post at www.icann.org, click on Announcements, or on www.dnso.org -- you'll see the site to click on for WHOIS comments.

We can make one comment: the TF members have noted that they will turn to the public comment site for the "authoritative" input. If you are unable to post to that site, please let Marilyn or Tony know, or better yet, communicate with your reps on the TF. They will help you.

That way, we can ensure that your inputs and comments are reviewed by the full TF.



Marilyn Cade			Antonio Harris
-----Original Message-----
From: Antonio Harris [mailto:harris@cabase.org.ar]
Sent: Tuesday, November 05, 2002 1:26 PM
To: Jeff Williams; Michael D. Palage
Cc: Cade,Marilyn S - LGA; ga@dnso.org; Don Evans; Nancy J. Victory;
cathy Handley; Robin Layton
Subject: Re: [ga] Michael Palage's Proposed Whois Task Force
Recommendations


Jeff,

If the term "noise" bothers you, the solution is simple:

Send your comments to:
http://www.dnso.org/dnso/notes/20021015.NCWhoisTF-interim-report.html

Attacking people who do volunteer work (a lot of it, by the way),
would not appear to serve any useful purpose. If you have better
ideas, then submit them ! What more would we want as a task
force than to receive them ? As far as what, as co-chair, I "want to
hear or read about" thats simply hilarious ! Just try this for an
exercise: read the 3300 responses to the Whois survey and
see what you can come up with...

Tony Harris


----- Original Message -----
From: "Jeff Williams" <jwkckid1@ix.netcom.com>
To: "Michael D. Palage" <michael@palage.com>
Cc: "Cade,Marilyn S - LGA" <mcade@att.com>; <ga@dnso.org>; "Antonio Harris
(E-mail)" <harris@cabase.org.ar>; "Don Evans" <DEvans@doc.gov>; "Nancy J.
Victory" <nvictory@ntia.doc.gov>; "cathy Handley" <chandley@ntia.doc.gov>;
"Robin Layton" <RLayton@ntia.doc.gov>
Sent: Tuesday, November 05, 2002 4:10 PM
Subject: Re: [ga] Michael Palage's Proposed Whois Task Force Recommendations


> Michael and all assembly members,
>
>   Michael, you again bring up yet another good point of concern
> that has and continues to plague and discredit the "ICANN Process".
>
>   As you likely know, I amongst a number other GA participants
> have long worried and been frankly quite aware that the "TF method"
> of determining policy is a poor one for a number of reasons of which
> you again have brought up one.
>
>   As you also likely also know anything I as spokesman for INEGroup
> have put forward to the Whois, and Transfer Task Force has by
> Marilyn been, as she herself has stated only considered "Noise"
> in her opinion, which is questionable at best.  Hence any public input
> through these skewed Task Force Methods or processes is
> only what the members or chair's of those task forces WANT to
> hear or read about, nothing else.  Hence no good or reasonable
> policy can be derived adequately.
>
>   So unless as you indicate in your comments and observations below,
> Michael, a transparent and open discussion and debate for specific
> issues such as Whois can be entertained or "Allowed" we as
> stakeholders/users will continue to see inadequate or inappropriate
> policy for these issues to continue.  For the life of me, I cannot
> understand such utter nonsensical approaches of dealing with
> issues to policy.
>
>   I guess this is why just last friday AT&T announced a 5 for 1 Reverse
> stock split, Worldcom is in deeper trouble than first even imagined,
> and ICANN seeks to choose its BoD members now by and election
> committee.
>
> Michael D. Palage wrote:
>
> > Dear Marilyn:
> >
> > After three years I think we have moved beyond the formality of
addressing
> > each other on a last name basis :-)
> >
> > As you can see from my email header below, I did submit these comments
on
> > the "record" to the Whois Task Force on Friday, November 1st. The fact
that
> > they were not received raises the question of what other submissions may
> > have also been lost in the mail.
> >
> > Best regards,
> >
> > Mike
> >
> > -----Original Message-----
> > From: Michael D. Palage [mailto:michael@palage.com]
> > Sent: Friday, November 01, 2002 4:18 PM
> > To: comments-whois@dnso.org
> > Subject: Michael Palage's Proposed Recommendations
> >
> > Attached please find my proposed recommendations for the Whois Task
Force
> > based upon my earlier comments to the Task Force,
> > http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00012.html
> >
> > Best regards,
> >
> > Michael D. Palage
> >
> > -----Original Message-----
> > From: Cade,Marilyn S - LGA [mailto:mcade@att.com]
> > Sent: Tuesday, November 05, 2002 12:08 AM
> > To: Michael D. Palage; ga@dnso.org
> > Cc: Antonio Harris (E-mail)
> > Subject: RE: [ga] Michael Palage's Proposed Whois Task Force
> > Recommendations
> >
> > Dear Mr. Palage,
> >
> > May we have your permission to post this particular email to the WHOIS
TF?
> >
> > Also, as you are aware there is an open comment site. We urge you, IF
you
> > are interested in having your comments included in the TF documentation,
to
> > post to that site. It can be found at dnso.org, or icann.org, click on
> > announcements.  While we post to the WHOIS TR site, WHEN requested, we
make
> > it pretty clear that individuals should take responsibility for their
own
> > postings, to open sites.  We urge you to follow the procedures to ensure
> > that your comments are included and available to others.  The TF is
> > committed to reading the open comments site.  We have and will continue
to
> > advise that we cannot guarantee reading of other lists. We know that you
> > understand the need to ensure a centralized posting site.
> >
> > We also wish to thank you for attending the public meeting with the
> > Registrars/Registries, Sunday in Shanghai. As committed in that meeting,
the
> > TF is working toward follow up with the registrars, especially, shortly.
> >
> > We hope that you will join that call, as well.
> >
> > Your thoughtful insights should be part of the "record". We hope you
will
> > chose to submit your comments [below]  through the formal comment
process.
> > And, we look forward to your further participation.
> > Best Regards, Marilyn Cade                      Antonio Harris=
> > -----Original Message-----
> > From: Michael D. Palage [mailto:michael@palage.com]
> > Sent: Friday, November 01, 2002 4:25 PM
> > To: ga@dnso.org
> > Subject: [ga] Michael Palage's Proposed Whois Task Force Recommendations
> >
> > On October 23rd I submitted my personal comments to the Whois Task
Force,
> > see
> >
http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00012.html.
> > Listed below are my personal recommendations for the Whois Task Force
based
> > upon my earlier comments.
> >
> > Any comments or suggestions would be greatly appreciated.
> >
> > Best regards,
> >
> > Michael D. Palage
> >
> > Recommendations Preamble
> >
> > The current Whois system fails to adequately meet the needs and concerns
of
> > governments, intellectual property owners, domain name registration
> > authorities, as well as consumer and privacy advocacy groups. Although
one
> > can attempt to solve certain aspects of the current problems in a
piecemeal
> > fashion, only a comprehensive bottoms-up review and overhaul is likely
to
> > succeed.
> >
> > ICANN's role in this and other potential global policy issues should be
to
> > identify and bring to the table those individuals and parties
potentially
> > impacted by its processes, particularly those in developing countries
that
> > may not have their voices and concerns heard in the current structure,
as
> > well as registration authorities that are signatories to bi-lateral
> > contracts with ICANN. ICANN's role is not, nor should it be, to
artificially
> > manufacture consensus under the auspices of Task Forces.
> >
> > The ICANN Names Council Whois Task Force (Task Force) should be
commended
> > for its pioneering efforts in starting a constructive dialogue on some
of
> > the complex issues surrounding Whois.  However, the Task Force's failure
to
> > address certain fundamental issues directly bears upon the validity of
the
> > Task Force's ultimate recommendations. In light of these shortcomings,
the
> > following recommendations are submitted.
> >
> > Recommendation 1
> >
> > Whereas, the Task Force has endeavored over the last twenty (20) months
to
> > undertake an analysis of various Whois issues;
> >
> > Whereas, the Task Force has published an interim report dated October
14,
> > 2002 in which four (4) interim recommendations were put forth for public
> > comment;
> >
> > Whereas, despite the best efforts undertaken by the Task Force volunteer
> > members, there are certain fundamental aspects that were not properly
> > addressed and which directly bear upon the validity of the Task Force's
> > recommendations, including but not limited to, applicability of natural
and
> > local law and their impact on registration authorities that are
signatories
> > to bi-lateral contracts with ICANN; new market conditions (.NAME);
evolving
> > technical standards (CRISP); international domain name considerations;
and
> > ICANN's Evolution and Reform  Committee calling for more input from the
> > public sector (governments).
> >
> > Therefore, it is resolved that the Names Council:
> >
> > Extend it heartfelt appreciation to the members of the Task Force for
their
> > diligent and tireless efforts to date;
> >
> > Immediately dissolve the Task Force;
> >
> > Reject implementing the proposed recommendation at this time until
further
> > review can be conducted incorporating those data points not properly
> > considered by the Task Force;
> >
> > Respectfully submit to the ICANN Board that it create a Blue Ribbon
Global
> > Whois Panel (Panel) to ensure that the viewpoints and concerns of all
> > Internet stakeholders are addressed, with such Panel ideally being
composed
> > of the following representatives:
> >
> > GAC Representative: This representative shall provide the Panel with the
> > various viewpoints (consensus if possible) regarding governmental
positions
> > regarding access and accuracy of Whois data (i.e. data privacy, law
> > enforcement, consumer protection, etc.)
> >
> > ITU Representative: Although the ITU is currently a participating member
in
> > the GAC, their experience in two areas would be of particular value to
the
> > Panel: (i) in the area of soliciting and representing the viewpoints of
> > emerging countries and economies that may not have a representative
voice in
> > the current process and (ii) in the area of promoting the role of ITU
Member
> > States in the internationalization of domain names and addresses of
their
> > respective languages.
> >
> > ICANN Registry Representative: This representative would be tasked with
> > soliciting input from all ICANN accredited registry operators to provide
the
> > Panel with firsthand operational considerations.
> >
> > ICANN Registrar Representative: This representative would be tasked with
> > soliciting input from all ICANN accredited registrars to provide the
Panel
> > with a better understanding of the legal and technical dynamics of the
> > domain name registration marketplace.
> >
> > ccTLD Registry Operator/Administrator: This representative would be
tasked
> > with soliciting input from the ccTLD registry operator/administrator
> > regarding Whois policies and national laws.
> >
> > Civil Libertarian: This representative would be tasked with representing
the
> > interests of individual domain name registrants, specifically with
regard to
> > a wide range of privacy issues.
> >
> > IETF/IAB Technical Representative: This representative would be able to
> > provide the Panel with insight regarding standards efforts currently
> > underway in connection with Whois (CRISP) and international domain
names.
> >
> > Multi-National Business Representative: This individual would be tasked
with
> > soliciting input from large multi-national businesses regarding concerns
> > about diverse and divergent Whois practices and the importance of Whois
in
> > law enforcement and intellectual property rights.
> >
> > SME Business Representative: This representative would be required to
> > solicit and provide the viewpoint of small and medium enterprises
regarding
> > Whois considerations.
> >
> > Respectfully submit to the ICANN Board that ICANN extend invitations to
> > potential Panel participants to prevent any partisan politics that may
exist
> > within the various ICANN constituencies. In the alternative, ICANN
should
> > also consider outsourcing the coordination of this Panel to a neutral
third
> > party organization with expertise in this subject matter similar to the
work
> > undertaken by the World Intellectual Property Organization in connection
> > with the initial draft of the Uniform Dispute Resolution Policy (UDRP).
One
> > potential neutral third party with expertise in this area would be the
> > Organization for Economic Co-operation and Development (OECD).
> >
> > Recommendation 2
> >
> > Whereas, the Task Force has endeavored over the last twenty (20) months
to
> > undertake an analysis of various Whois issues;
> >
> > Whereas, the Task Force has published an interim report dated October
14,
> > 2002 in which four (4) interim recommendation were put forth for public
> > comment;
> >
> > Whereas, despite the best efforts undertaken by the Task Force volunteer
> > members, there are certain fundamental aspects that were not properly
> > addressed and which directly bear upon the validity of the Task Force's
> > recommendations, including but not limited to, applicability of natural
and
> > local law and their impact on registration authorities that are
signatories
> > to bi-lateral contracts with ICANN; new market conditions (.NAME);
evolving
> > technical standards (CRISP); international domain name considerations;
and
> > ICANN Evolution and Reform  Committee calling for more input from the
public
> > sector.
> > Whereas, notwithstanding the aforementioned shortcoming of the Task
Force's
> > efforts, there were several concepts would could be implemented in the
short
> > term that would increase the accuracy of the Whois data.
> >
> > Therefore, it is resolved that the Names Council respectfully request
that
> > the ICANN Board take the following actions:
> >
> > ICANN approve a standardize Whois Accuracy Inquiry Notice (WAIN)
prepared by
> > ICANN accredited registrars in consultation with domain name
representatives
> > regarding inquires about false or inaccurate Whois data;
> >
> > ICANN assist in translating the WAIN into as many languages as possible;
> >
> > ICANN require that registrars shall send the standardized WAIN to their
> > domain name registrant after receiving a notification of potentially
false
> > or inaccurate Whois data from ICANN's Internic.net whois portal (or
> > equivalent);
> >
> > ICANN accredited registrars shall be required to send any WAIN in the
> > language(s) of the registration agreement, along with links to
translations
> > of the WAIN in other languages;
> >
> > The current 15 day time frame for registrants to respond to inquiries
> > regarding the accuracy of the Whois data shall be extended to 30 days to
> > provide the registrant and registrar adequate time to investigate and
> > respond to inquiries;
> >
> > Registrars shall be required to comply with ICANN instructions regarding
the
> > docketing software maintained in connection with the Internic.net whois
> > portal (or equivalent);
> >
> > Registrars that are unable to verify the accuracy of the Whois data or
fail
> > to receive instructions from the registrant within thirty (30) days
shall
> > place the domain name of hold (i.e. the name is removed from the zone
file
> > and it will not resolve) indefinitely;
> >
> > Registrar shall not remove the domain name from hold status or renew the
> > domain name until registrant has provided documented proof which the
> > registrar shall be required to retain;
> >
> > In the situation where the registrar receives a secondary inquiry
regarding
> > the accuracy of Whois data for a specific domain name, the Registrar
shall
> > require documented proof from the domain name registrant within the 30
day
> > time frame or have the domain name places on indefinite hold in
accordance
> > with the process described above;
> >
> > ICANN shall immediately modify the Internic.net Whois portal to require
> > third parties submitting Whois accuracy inquiries to acknowledge that
the
> > submission is not intended to interfere with the lawful operations of
the
> > domain name registrant or registrar;
> >
> > ICANN shall immediately modify the Internic.net Whois portal to require
that
> > third parties provide additional contact information to allow the domain
> > name registrant or registrar to initiate legal action against the third
> > party if such submission was designed to tortuously interfere with their
> > legal activity.
> >
> > ICANN's General Counsel and Staff are instructed to move forward with
> > implementation of the above referenced recommendations as follows:
> >
> > Option 1:
> >
> > A bi-lateral amendment to the ICANN Registrar Accreditation Agreement
(RAA)
> > executed by ICANN and every accredited registrar. However, if one or
more
> > registrars fail to execute this bi-lateral amendment proceed to Option 2
> > below.
> >
> > Option 2:
> >
> > Establish a dialog with the registrar community to see if consensus
exists
> > among the accredited registrars about adopting the above referenced
> > recommendations within the context of a Code of Conduct. If there is
> > consensus among the registrars about adopting this proposal as a Code of
> > Conduct, this Code of Conduct would then be unilaterally enforced
against
> > all ICANN accredited registrars in accordance with the terms of the RAA.
If
> > the registrars refuse or are unable to adopt a Code of Conduct, then
proceed
> > to Option 3 below.
> >
> > Option 3:
> >
> > If ICANN is unable to implement the above referenced recommendations
under
> > either Option 1 or 2, ICANN General Counsel and Staff are instructed to
> > enter into individual bi-lateral amendments to the RAA with registrars
> > incorporating these procedures.
> >
> > For those registrars that execute the bi-lateral amendment to the RAA,
ICANN
> > will provide that domain name registrar and its registrants with an
extend
> > time window (30 days total) to investigate and respond to Whois data
> > accuracy inquires. ICANN also agrees to not publicly disclose any
> > statistical information on that registrar's compliance with Internic,net
> > Whois portal inquiries.
> >
> > For those registrars that refuse not to enter into a bi-lateral
amendment to
> > the RAA, ICANN will continue to enforce the shorter 15 notice and
deletion
> > policy instead of the more flexible 30 day notice and hold policy.
> > Additionally, ICANN will publicly disclose statistical information on
that
> > registrars' compliance with Internic.net Whois portal inquiries.
> >
> > --
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> >
> > --
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>
> Regards,
> --
> Jeffrey A. Williams
> Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
> CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> Information Network Eng. Group. INEG. INC.
> E-Mail jwkckid1@ix.netcom.com
> Contact Number: 214-244-4827 or 972-244-3801
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
>

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