ICANN/DNSO
GNSO Council WHOIS Task Force Teleconference on 5 February 2003 - minutes |
Attendees:
CBUC - Marilyn Cade - Co-Chair
CBUC - Bret Fausett
Registry - Becky Burr
Registrar - Ken Stubbs
Former GA Chair - Thomas Roessler
Former GA additional - Kristy McKee
IPIC - Steve Metalitz
IPIC - Laurence Djolakian
Non Com Users Constit. - Ruchika Agrawal
Louis Touton - ICANN General Counsel
Apologies
ISCPC - Tony Harris - co- chair
GNSO Sec - Glen de Saint Géry
Marilyn Cade noted the inputs to be addressed.
1. Letter from the International Working Group on Data Protection in Telecommunications
http://www.datenschutz-berlin.de/doc/int/iwgdpt/index.htm
(Thomas Roessler brought this to the attention of the task force)
Kenn Stubbs contribution
http://www.dnso.org/clubpublic/registrars/Arc02/msg00246.html
http://www.dnso.org/clubpublic/nc-whois/Arc00/msg00864.html
Thomas Roessler draft Final report
http://does-not-exist.net/final-report/final-report-feb03-030205.html
3. Practical Recommendations: Accuracy of WHOIS Data.
Changed to: Recommendations to ICANN and Registrars
B. (inserted; based on part 3 of the
WHOIS implementation committee's work) strike
Changed to:
The following process should be employed in handling accuracy.
Steve Metalitz commented on
5. For a name to be removed from REGISTRAR-HOLD status to active status,
the registrant must contact the registrar with updated WHOIS information (as
per (3) above), and the registrar must confirm that the registrant is contactable
via this new information (for example by requiring that the registrant respond
to an e-mail sent to a new e-mail contact address).
The change suggested by Steve, was to delete "example" and add"
including but limited to".
Ken Stubbs said that this involves costs, and Steve maintained
that the Registrar should cover the costs from registrants and not the complainant.
Ken Stubbs referring to:
http://www.dnso.org/clubpublic/registrars/Arc02/msg00246.html
mentioned that responses had been received from a large number of registrars
to Bruce Tonkin's response. He argued that what was being understood on face
value was not the same as the written text and that there would have to be sound
communication on this point.
The critical issue is egregious registrations.
Louis Touton said that it seemed to presume that the reason it went on
register hold was because of an e-mail address.
Marilyn Cade said that the task force had not assumed e-mail, but had
assumed when the registrar did not get a response.
Who is responsible for accurate data, the
registrar or the registrant?
Louis Touton stated that the obligation of accuracy and updating has
to do with all elements of WHOIS data whatever it is that it requires.
As described in a note about the 15 days there can be different consequences
in terms of different registrar enforcement.
The registrant is responsible for updating their data even as trivial as zip
codes, phone numbers, fax etc. Alternatively, the registrar has the authority
to put on registrar hold or delete if the registrant refuses to fix something.
Louis Touton commenting on:
4. If no response is received or no acceptable data has been provided
after a time limit (to be agreed) a registrar must place a name in REGISTRAR-HOLD
(or equivalent) status, until the registrant has updated the WHOIS information.
stated that the word "acceptable"
should be of concern to those developing policy. The standard the registrar
is supposed to be applying is the one about accuracy and reliability stated
in the contract.
Further, it was stated that the registrars are correct that the contractual
obligation is to use reasonable steps to get accurate data.
Ken Stubbs commented that as the
registrar is responsible for assessing the situation and the solution would
depend on the registrars assessment as to how egregious the registration is,
the registrars' attention should be drawn to this in a preamble and it would
solve issues the registrars have with the report.
Louis Touton expressed two more concerns about section B and proposed
sending a text that would address these.
1. the repeated use of the word "must" is in contrast to the purpose
that is recommendations to registrars. "Should" would give less resistance.
2. If viewed as recommendations to registrars, it would
be useful and important to have a clear statement informing registrars
that it is not necessarily true that the following these practices will comply
with the registrar's obligations under the registrar agreement.
section 3:
Input received both from the implementation committee and in public comments
indicates a strong desire in parts of the community to extend the 15 day period
currently specified in section 3.7.7.2 of the RAA. The concerns expressed were
based on the interpretation that the 15 day period was mandatory.
Communication received from ICANN's General Counsel indicates that the "current
contractual structure of requiring the registrar to retain the right to cancel
if the customer fails to respond in 15 days, but not requiring the registrar
to exercise this right is intended to give the registrar the flexibility to
use good judgment to determine what action should be taken upon a customer's
failure to respond to an inquiry about a Whois inaccuracy." This interpretation
of the contractual language seems to address the concerns raised.
Added language:
"given the flexibility provided, the task force is not making a policy
recommendation on this issue"
Section D.
ICANN should modify and supplement its May 10, 2002 registrar advisory as follows:
ICANN should remind registrars that "willful provision of inaccurate or unreliable
information" is a material breach of the registration agreement, without regard
to any failure to respond to a registrar inquiry. A functional definition --
based on the actual usability of contact details -- should be used for “inaccurate
or unreliable”.
(mostly deleted and replaced by recommendation B above)ICANN should clearly
state to registrars that "accepting unverified 'corrected' data from a registrant
that has already deliberately provided incorrect data is not [not "may not be,"
as the advisory now states] appropriate.
Louis Touton commented that the paragraph was directed at having to verify
the data, but the registrar could accept the registrants explanation even without
verifying the data.
The changed language:
ICANN should clearly state to registrars that "accepting unverified 'corrected'
data from a registrant that has already deliberately provided incorrect data
generally is not [not "may not be," as the advisory now states] appropriate."
The task force agreed that the rest of the section D be deleted.
Section E
2. Registrars should also be responsible for ensuring that their agents provide
such reminders.
Marilyn Cade proposed the following
change:
Registrars should also notify their agents that they should provide such reminders.
The remaining section was accepted.
The Review Process
Louis Touton asked what the task force was trying to gain, to which Marilyn
Cade replied that the registrars and others had felt there should be ongoing
feedback.
Louis Touton said that it should be thought out in terms of support for
the policy development process. Requesting staff support for the policy development
process in the GNSO. Rather than structuring so much, it should be said that
the GNSO Council requests that ICANN staff provides reports at 3, 6, 12 months
on these points and depending on the analysis of the situation after 12 months
the GNSO Council will consider whether further reports are required.
Marilyn Cade suggested wording:
GNSO Council will advise the ICANN staff of communicating any additional needed
support.
Louis Touton noted that Bret Fausett's comment had not been corrected
as should have been done.
4. Registrars should be
encouraged to develop, in consultation with other interested parties, “best
practices” concerning the “reasonable efforts” which should be undertaken to
investigate reported inaccuracies in contact data (RAA Section 3.7.8).
"Best practices" was discussed and Becky Burr said there were
two options:
- making it mandatory, so changing the term
- making it voluntary so leaving the present term.
Becky Burr concurred with "best practices", and Marilyn
Cade explained that it was seeking self-governance among the registrars.
Recommendations
1. Consensus Policies: Accuracy of WHOIS Data.
These two policies match the alternative wording proposed in the Implementation
Committee's report, sections 1 and 2, which was accepted by the WHOIS Task Force.
A. At least annually, a registrar must present to the Registrant the current
WHOIS information, and remind the registrant that provision of false WHOIS information
can be grounds for cancellation of their domain name registration. Registrants
must review their WHOIS data, and make any corrections.
B. When registrations are deleted on the basis of submission of false contact
data or non-response to registrar inquiries, the redemption grace period --
once implemented -- should be applied. However, the redeemed domain name should
be placed in registrar hold status until the registrant has provided updated
WHOIS information to the registrar-of-record. The Task Force observes that the
purpose of this policy is to make sure that the redemption process cannot be
used as a tool to bypass registrar's contact correction process.
Thomas Roessler asked Louis
Touton for alternate wording which would clearly state that these recommendations
were not mandatory but are both consensus policy and requested advice to ICANN
and registrars.
Louis Touton commented that a clear mark should be made between consensus
policy that will be binding on parties contracting to ICANN and what is not
intended in that light.
Commenting on part 2 section 1, Louis Touton said that it was an implementation
comment. It was framed in a way that presumes a specific kind of implementation
change to the language of the registrars Accreditation Agreement. Changing the
language of the Registrars Accreditation Agreement would literally take ICANN
5 years to implement because of the 5 year cycle of the RAA and the inability
legally to require registrars to enter into new RAAs during the term of those.
What is meant is that the obligations expressed in the RAA should be modified
to what is described and there should not be an opinion expressed as to how
that should be done.
Express the idea that what is being recommended is consensus policy and that
registrar agreements should be adjusted in this way, but how it should be done
should be left to the ICANN Staff.
A. Use of bulk access WHOIS data for marketing should not be permitted. The
Task Force therefore recommends that the relevant provisions of the RAA be modified
or deleted to eliminate the use of bulk access WHOIS data for marketing purposes.
Section 3.3.6.3 of the RAA should be changed to read as follows (changed language
underlined): "Registrar's access agreement shall require the third party to
agree
Added language:
Use of bulk access WHOIS data for marketing should not be permitted. The
Task Force therefore recommends that the obligations contained in the relevant
provisions of the RAA be modified to eliminate the use of bulk access WHOIS
data for marketing purposes. The obligation currently expressed in section 3.3.6.3
of the RAA
could, for instance, be changed to read as follows
The
bulk-access provision contained in 3.3.6.6 of the RAA would then become inapplicable.
Section 3.3.6.5 of the Registrar Accreditation Agreement currently describes
an optional clause of registrars' bulk access agreements, which disallows further
resale or redistribution of bulk WHOIS data by data users.
The use of this clause shall be made mandatory.
Thomas made changes to the Input section
Marilyn Cade mentioned the European Commission and working group and
Louis Touton stated that it was important to proceed in a way that is
respectful of the constraints they have to operate in. Acknowledging their contribution
was important.
Further steps:
- Edit all the comments and incorporate into the Final Report
- Posting report for public comment on the DNSO web site on February 6
- Posting report for public comment
on the ICANN web site on February 6
- Posting to the Council, Constituencies,
Marilyn Cade thanked Louis Touton and Anne-Rachel Inne as well as all the Task Force members for participating
The
meeting ended at 19:30 (CET)
Steve Metalitz and Ken Stubbs left
the call for a short interval 17:55(CET)
Steve Metalitz rejoined the call at 18:00, (CET)
Louis Touton and Anne-Rachel Inne joined the call at 18:10 (CET)
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