[nc-transfer] RE: [nc-whois] Comments on completing DRAFT task force reports

[Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au>]

Hello Steve,


> 
> However, when you state "(the paper by Louis Touton
> and Dan Halloran has attempted to identify elements of the 
> interim report
> that are new or changed polices compared to the existing 
> agreements)," what
> paper are you referring to?

I was referring to:
http://www.icann.org/legal/briefing-on-implementation-20oct02.htm

> 
> If you are talking about the paper Louis Touton posted prior 
> to Shanghai,
> "General Counsel's Briefing Concerning Implementation of Policies by
> Registrars and Registry Operators," perhaps a clarification would be
> helpful.  The General Counsel has stated both privately and 
> publicly that
> the lists contained in the appendices to this paper do not 
> differentiate
> between those recommendations that could be implemented 
> within the framework
> of the existing agreements and those that would require 
> revision of the
> agreement.  Several of the Whois Task Force's interim 
> recommendations are
> intended to fall into the first category, which appears to 
> correspond to the
> Recommendations for Action category in your note below.   

Agreed.

With regard to new or changed policies that relate to WHOIS, I expect that
there would be a progressive implementation of the policy.

Assuming the requirements for consensus are met and that the consensus
policy fits into the areas for possible consensus development in the
contracts, then the steps ICANN staff may take to implement the new
consensus policy include:
(1) Post new consensus policy to all contracted parties advising of their
need to conform
(ie with no change to current signed agreements)
(2) Update affected agreements (e.g ICANN-Registry, ICANN-Registrar,
Registry-Registrar) for those signing new agreements
(3) When current agreements expire, get affected parties to sign updated
agreements

If there is not demonstrated consensus then ICANN could try to negotiate
changes to the existing agreements directly with registries and registrars.
This would either have to be on a case-by-case basis, or try to get a group
to agree to changes.  Note when an agreement expires, it can't be
arbitrarily updated (ie it can be updated via the consensus process, OR with
the agreement of the two parties).

Lets work on getting consensus first if possible, and then consider the
other options later.

Regards,
Bruce



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