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Whereas the Registration Abuse Policies (RAP) Working Group submitted its report to the GNSO Council on 29 May 2010 (see http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf);
Whereas the GNSO Council reviewed the report and its recommendations and formed an Implementation Drafting Team to draft a proposed approach with regard to the recommendations contained in the Registration Abuse Policies Working Group Final Report;
Whereas the Registration Abuse Policies Implementation Drafting Team submitted its proposed response to the GNSO Council on 15 November 2010 (see http://gnso.icann.org/correspondence/rap-idt-to-gnso-council-15nov10-en.pdf);
Whereas on 3 February 2011 (see http://gnso.icann.org/resolutions/#201102) the GNSO Council requested feedback from ICANN Compliance in relation to WHOIS Access recommendation #2 and a response was received on 23 February 2011 (see http://gnso.icann.org/mailing-lists/archives/council/msg10766.html). In addition, a discussion with Compliance Staff was held at the ICANN meeting in San Francisco.
Whereas the GNSO Council thanked the ICANN Compliance Department for its feedback in relation to WHOIS Access recommendation #2 and determined that no further work on this recommendation was needed. The GNSO Council welcomed the commitment of the ICANN Compliance Department 'to report on compliance activities and publish data about WHOIS accessibility, on at least an annual basis' (see http://gnso.icann.org/mailing-lists/archives/council/msg10766.html).
Whereas in response to WHOIS Access recommendation #1, the GNSO Council asked the WHOIS Survey Working Group to consider including the issue of WHOIS Access as part of the survey it has been tasked to develop, and the Working Group informed the GNSO Council on 11 January that ‘the issue does not fall within the remit of its current charter and recommends that the item not be included in their upcoming survey’.
Whereas the GNSO Council recognizes that the issue of WHOIS access is also covered in the Final Issue Report on the RAA (see http://gnso.icann.org/issues/raa/fInal-issue-report-raa-06mar12-en.pdf).
THEREFORE BE IT,
Resolved, the GNSO Council recommends that the issue of WHOIS access (to ensure that WHOIS data is accessible in an appropriately reliable, enforceable, and consistent fashion) is included in the RAA Policy Development Process when it commences.
Resolved, the GNSO Council will review by end of September, 2012, whether the RAA PDP has commenced and included this issue or whether alternative approaches should be pursued.