GNSO Council Motions
1. WHOIS Motion
Made by: John Berard
Seconded by: Debbie Hughes (With Friendly Amendment proposed by the RySG)
Whereas:
In October 2007, the GNSO Council concluded that a comprehensive and objective understanding of key factual issues regarding the gTLD WHOIS system would benefit future GNSO policy development efforts (http://gnso.icann.org/resolutions/).
Before defining study details, the Council solicited suggestions from the community for specific topics of study on WHOIS. Suggestions were submitted (http://forum.icann.org/lists/WHOIS-comments-2008/) and ICANN staff prepared a 'Report on Public Suggestions on Further Studies of WHOIS', dated 25-Feb-2008 (http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report-25feb08.pdf).
On 28-Mar-2008 the GNSO Council resolved to form a WHOIS Study Working Group to develop a proposed list, ifany, of recommended studies for which ICANN staff would be asked to providecost estimates to the Council (http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml).
The WHOIS Study WG did not reach consensus regarding further studies, and on 25-Jun-2008 the GNSO Council resolved to form a new WHOIS Hypotheses working group to prepare a list of hypotheses from the 'Report on Public Suggestions on Further Studies of WHOIS' and the GAC letter on WHOIS studies (http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The WG reported to the Council on 26-Aug-2008. (https://st.icann.org/Whois-hypoth-wg/index.cgi?Whois_hypotheses_wg#Whois_study_hypotheses_wg_final_report).
On 5-Nov-2008, the Council convened a group of Councilors and constituency members to draft a resolution regarding studies, if any, for which cost estimates should be obtained. TheWhois Study Drafting Team further consolidated studies including those from the GAC (http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The Team determined that the six studies with the highest average priority scores should be the subject of further research to determine feasibility and obtain cost estimates.
On 04-Mar-2009, Council requested Staff to conduct research on feasibility and cost estimates for selected Whois studies and report its findings to Council. (See Motion 3, http://gnso.icann.org/resolutions/#200903).
On 23-Mar-2010, Staff presented a report on the feasibility and cost estimates for the Whois “Misuse” and Whois “Registrant Identification” Studies, finding that each study would cost approximately $150,000 and take approximately one year to complete. (http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en.pdf). The Whois Registrant Identification study would gather info about how business/commercial domain registrants are identified, and correlate such identification with the use of proxy/privacyservices.
The ICANN Board approved in Brussels a FY2011 budget that includes at least $400,000 for WHOIS studies (see http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#8).
On 8-September-2010 the GNSO Council approved a resolution requesting staff to proceed with the Whois “Misuse” Study, which would explore the extent to which publicly displayed WHOIS data is misused, http://gnso.icann.org/resolutions/#201009.
On 5-October-2010, staff provided feasibility and cost analysis for a Whois Privacy and Proxy “Abuse” study, http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05oct10-en.pdf. This study would compare broad sample of domains registered with a proxy orprivacy service provider that are associated with alleged harmful acts withoverall frequency of proxy and privacy registrations. This study was estimated to cost $150,000 and take less than a year to complete.
On 11-February-2011, staff provided a feasibility and cost analysis for a Whois Proxy and Privacy “Relay and Reveal” study, http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-11feb11-en.pdf, which would analyze relay and reveal requests sent for Privacy and Proxy-registered domains to explore and document how they are processed. The staff analysis concluded that it was premature to conduct a full study, and recommended that a pre-study “survey” be conducted first, to determine if launching a full study is feasible to do.
Resolved:
Council requests ICANN staff to proceed with the WHOIS Registrant Identification Study, as described in Staff's 23-Mar-2010 Report, using the vendor selection process described in Annex of that same report. (http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en.pdfhttp://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en.pdf).
Council defers consideration of the WHOIS Registrant Identification Study until the 28 April 2011 meeting and requests that any applicable motions in that regard be submitted not later than 20 April 2011.
Further resolved, that the Council requests ICANN staff amend the study to include the RySG proposed changes
http://gnso.icann.org/issues/whois/whois-study-recommendations-rysg-29mar11-en.pdfhttp://gnso.icann.org/issues/whois/whois-study-recommendations-rysg-29mar11-en.pdfand[
and|http://gnso.icann.org/issues/whois/whois-study-recommendations-rysg-29mar11-en.pdfand] to proceed with the Whois Privacy and Proxy “Abuse” study, as described in staff’s 5-October-2010 report as amended, using the vendor selection process described in that same report, http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05oct10-en.pdf.
Further resolved, that the Council requests ICANN staff to proceed with the Whois Privacy and Proxy “Relay and Reveal” pre-study survey, as proposed in staff’s 11-February-2011 report, http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-11feb11-en.pdf.
Further resolved, that the Council request that the Board authorize additional funding for FY 2012 forWhois studies, to make up any shortfall of $130,000 between the amount of “at least $400,000” that was allocated for Whois studies in FY 2011 (and remains unspent), and the total amount needed to conduct the Whois Misuse Study ($150,000) if subsequently approved; the Whois Registrant Identification Study ($150,000); the Proxy/Privacy “Abuse” Study ($150,000); and the Proxy and Privacy “Pre-study” ($80,000), total of $530,000.
Further resolved, in recognition that there is a substantial amount of coordination needed to direct this research, that staff be given the discretion to manage the studies serially or in parallel, with a goal of expediting completion of the studies as efficiently as possible.
