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Vote CloseDate of SubmissionStaff Contact and EmailStatement Number
19.04.2013At-Large Preliminary Issue Report on gTLD Registration Data Services WorkspaceAdopted
14Y, 0N, 0A 
Carlton Samuels (LACRALO)01.04.201309.04.2013n/a11.04.2013
(ALAC Meeting in Beijing) 
n/a11.04.201311.04.2013

Lars Hoffman
Policy-Staff@icann.org

AL/ALAC/ST/0413/1
Comment / Reply Periods (*)
Comment Open Date: 
15 March 2013
Comment Close Date: 
19 April 2013 - 23:59 UTC
Reply Open Date: 
20 April 2013
Reply Close Date: 
13 May 2013 - 23:59 UTC
Important Information Links
Brief Overview
Originating Organization: 
GNSO
Categories/Tags: 
  • Policy Processes
Purpose (Brief): 
This Public Forum invites comments on the Preliminary Issue Report on the gTLD registration data services[PDF, 946 KB]. The Report forms part of a ICANN Board-initiated GNSO policy development process (PDP) that aims to review the purpose and accuracy of domain name registration data and directory services, as well as its underlying technical protocol – currently also known as 'Whois'.
Current Status: 
The Preliminary Issue Report explores the issue of gTLD registration data services, which includes the purpose of collecting and maintaining gTLD registration data, and solutions to improve accuracy and access to gTLDregistration data. This Public Comment solicitation represents an opportunity to share perspectives on this topic as well as the contents of the Preliminary Issue Report. In parallel to this Preliminary Issue Report, the ICANNBoard has convened an Expert Working Group (EWG) whose findings will feed into the Final Issue Report.
Next Steps: 
Following review of the public comment forum and once the Expert Working Group has concluded its work, a Final Issue Report will be published and the PDP will be initiated.
Staff Contact: 
Lars Hoffmann
Detailed Information
Section I: Description, Explanation, and Purpose: 

Comprehensive 'Whois' policy reform remains the source of long-running discussions within the ICANN as well as wider Internet community. Any discussion of 'Whois' – hereafter called gTLD registration data and directory services – typically includes topics such as purpose, accuracy, availability, privacy, anonymity, cost, policing, intellectual property protection, security and malicious use and abuse.

The Board specifically called out two of these topics in its request; purpose and accuracy. With regard to purpose, at a minimum the most basic purpose, which is commonly accepted, is that gTLD registration data allows domain name holders to be contacted. However, who would be granted the right to access the data under what circumstances and contact the holder and by which means, is a set of difficult follow-up questions that need to be answered. In relation to accuracy, There are many data elements in the Whois database required under the Registry Agreements and the Registrar Accreditation Agreements; if only one of these data fields is incorrect, does that mean the Whois information is inaccurate? And how can the accuracy of data be verified and/or measured, especially considering that if data is not accurate the purpose of gathering the data might be questionable in the first place.

This Preliminary Issue report lays out in detail many of the issues mentioned above and how they relate to thegTLD registration data and directory services. In addition, it also provides an overview of many of the affected Stakeholder Groups, Constituencies, and other relevant parties. Furthermore, the Report explains in details the continuous issues with regard to accuracy and purpose of gTLD registration data services and elaborates on the need for changes to the technical aspects.

In addition to requesting the Issue Report, the Board has directed the formation of an Expert Working Group (EWG) that is currently working on a comprehensive proposal how to solve the issues surrounding the purpose and accuracy of domain registration data services. The EWG is tasked with providing concrete solutions to many (if not all) of the issues raised in this Report. In accordance with the Board's direction, the outcome of the EWG will feed into the Final Issue Report which will form the basis for the next steps in the Policy Development Process.

Section II: Background: 

After the submission of a Report drafted by the Whois Policy Review Team in 2012, the ICANN Board passed aresolution on 8 November 2012 that led to the creation of an Expert Working Group (EWG) and, in parallel, also launched a Board-initiated GNSO Policy Development Process (PDP).

ICANN's requirements for domain name registration data collection, access and accuracy for gTLD registries have undergone some important changes; yet after more than 12 years of GNSO task forces, working groups, workshops, surveys and studies the policy is still in need of comprehensive reforms that address the significant number of issues related to gTLD registration data services.

Following review of the public comments received, the Staff Manager will update the Issue Report as appropriate and submit a summary of the comments received together with the Final Issue Report.

Section III: Document and Resource Links: 
Section IV: Additional Information: 
N/A

(*) Comments submitted after the posted Close Date/Time are not guaranteed to be considered in any final summary, analysis, reporting, or decision-making that takes place once this period lapses.

 

FINAL VERSION TO BE SUBMITTED IF RATIFIED

Please click here to download a copy of the PDF below.

FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

The ALAC notes the release of this Issue Report (IR) which was prepared “pursuant to a Resolution during a Special Meeting of the ICANN Board of 8 November 2012”.  We are unanimous in agreement with the issues identified in the report as germane for crafting an acceptable community solution to gTLD Directory Services, popularly referred as the WHOIS problem.  However, we believe that the timeline proposed for community consideration of the report runs counter to the plain terms of the Board resolution.

The rationale for the specific Board Resolution laid out “a two-pronged” approach: http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm

  1. Directing the President and CEO to continue to fully enforce existing consensus policy and contractual conditions as well as to increase efforts to communicate, conduct outreach on, and ensure compliance with such existing policy and conditions.
  2. Directing the President and CEO to launch a new effort focused on the purpose and provision of gTLD directory services, to serve as the foundation of an upcoming Board-initiated gNSO PDP. The outcomes of this work should act as guidance to the Issue Report that will be presented as part of the GNSO's policy development work; as a result, the Issues Report is not expected to be produced until such time as the President and CEO determines that his work has progressed to a point that it can serve as a basis of work within the PDP.”

The ‘new effort’ identified above – and a critical component of second leg of the Board-initiated approach - is the gTLD Registration Data Services Expert Working Group (EWG).  By virtue of the plain terms of the Board resolution and since there is no indication that the EWG “has progressed to a point that it can serve as a basis of work within the PDP”, we believe this IR, even while stamped ‘preliminary’, may be premature. More directly, it could serve to undermine the process the Board has outlined in progressing resolution of the gTLD Data Directory Service issues. The ALAC urges caution on all parties, recommend the IR be re-called and re-issued at a later date and reflecting the benefits that may be accrued from the output of the EWG. 

FIRST DRAFT SUBMITTED by Carlton Samuels after consultations with Alan Greenberg

The ALAC notes the release of this Issue Report (IR) which was prepared “pursuant to a Resolution during a Special Meeting of the ICANN Board of 8 November 2012”.  We are unanimous in agreement with the issues identified in the report as germane for crafting an acceptable community solution to gTLD Directory Services, popularly referred as the WHOIS problem.  However, we believe that the timeline proposed for community consideration of the report runs counter to the plain terms of the Board resolution.

The rationale for the specific Board Resolution laid out “a two-pronged” approach: http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm 

  1. Directing the President and CEO to continue to fully enforce existing consensus policy and contractual conditions as well as to increase efforts to communicate, conduct outreach on, and ensure compliance with such existing policy and conditions.
  2. Directing the President and CEO to launch a new effort focused on the purpose and provision of gTLD directory services, to serve as the foundation of an upcoming Board-initiated gNSO PDP. The outcomes of this work should act as guidance to the Issue Report that will be presented as part of the GNSO's policy development work; as a result, the Issues Report is not expected to be produced until such time as the President and CEO determines that his work has progressed to a point that it can serve as a basis of work within the PDP.”

The ‘new effort’ identified above – and a critical component of second leg of the Board-initiated approach - is the gTLD Registration Data Services Expert Working Group (EWG).  By virtue of the plain terms of the Board resolution and since there is no indication that the EWG “has progressed to a point that it can serve as a basis of work within the PDP”, we believe this IR, even while stamped ‘preliminary’, may be premature. More directly, it could serve to undermine the process the Board has outlined in progressing resolution of the gTLD Data Directory Service issues. The ALAC urges caution on all parties, recommend the IR be re-called and re-issued at a later date and reflecting the benefits that may be accrued from the output of the EWG. 

 

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