[governance] Fwd: [gnso-dow123] Note from Paul Twomey regarding WHOIS clause in the Affirmation of Responsibilities Re

Danny Younger dannyyounger at yahoo.com
Thu Oct 5 09:01:35 EDT 2006


Veni,

I hit the Reply All button when I responded to your
email.  If you didn't want the conversation directed
to NCUC-DISCUSS then you shouldn't have included their
address.

... and thanks once again for dodging all the
questions.  Your contribution to enhanced transparency
is noted.  

"ICANN will innovate and aspire to be a leader in the
area of transparency for organizations involved in
private sector management." -- Affirmation of
Responsibilities Point #2.

regards,
Danny


--- Veni Markovski <veni at veni.com> wrote:

> point of order - it's good to NOT copy 
> NCUC-DISCUSS, for which obviously only some of 
> the people are subscribed. I don't understand 
> what netiquette is this one, where a member of a 
> list, addresses some questions, and cross-posts, 
> without giving the others the option of responding
> in all lists.
> 
> 
> Danny,
> 
> We already have had this argument some time ago. 
> I am not ICANN's lawyer or clarification-writer. 
> I think that there are at least two different 
> opinions on the paragraph you quote. If you have 
> questions for the Board, my advise is to address
> them to Vint Cerf as chair.
> 
> I don't see that "many issues" are associated 
> with point 5. I see another good step for the 
> Internet in the JPA. But again - that's what I 
> see. You, aparantly, see differently.
> 
> veni
> 
> At 05:35 AM 05.10.2006 '?.'  -0700, Danny Younger
> wrote:
> >Veni,
> >
> >I would appreciate receiving a clarification
> regarding
> >point 5 in the ICANN Affirmation of
> Responsibilities.
> >This point states (in part):
> >
> >"TLD Management:  ICANN shall continue to enforce
> >existing policy relating to WHOIS, such existing
> >policy requires that ICANN implement measures to
> >maintain timely, unrestricted and public access to
> >accurate and complete WHOIS information, including
> >registrant, technical, billing and administrative
> >contact information."
> >
> >My questions are as follows:
> >
> >1.  The public presentation of billing contact
> >information is not a current requirement under the
> >terms of the Registrar Accreditation Agreement and
> as
> >such does not constitute an element of existing
> policy
> >relating to WHOIS.  Why then is the Board
> stipulating
> >that unrestricted public access to billing contact
> >information is an element of current WHOIS policy?
> >
> >2.  What constitutes "enforcement" of existing
> policy
> >relating to WHOIS?  Does this mean that the use of
> >proxy services will be banned by ICANN?  Have
> >Directors discussed this possibility?
> >
> >3.  As there seem to be many issues associated with
> >point 5, have Directors discussed the possibility
> of
> >seeking a clarifying amendment under the terms of
> >Section IIIC of the Joint Agreement?  Which
> Directors
> >favored asking for a clarification?  Which
> Directors
> >opposed such a move?
> >
> >4.  Why didn't ICANN act to affirm the enforcement
> of
> >other policies (such as those that focus on
> security
> >by requiring registrant data escrow)?  Why did the
> >Board agree to single out only WHOIS policy for
> >enforcement?
> >
> >As always, looking forward to your elucidations,
> >
> >Danny
> >
> >
> >
> >--- Veni Markovski <veni at veni.com> wrote:
> >
> > > At 04:25 PM 04.10.2006 '?.'ÿˆö  -0400, Milton
> > > Mueller wrote:
> > > >Twomey distances himself and ICANN from the new
> > > JPA. Good.
> > >
> > > Milton,
> > > I guess that doesn't change your opinion, right?
> > >
> > >
> > >
> > > Sincerely,
> > > Veni Markovski
> >
> >
> >__________________________________________________
> >Do You Yahoo!?
> >Tired of spam?  Yahoo! Mail has the best spam
> protection around
> >http://mail.yahoo.com
> 
> 
> Sincerely,
> Veni Markovski
> http://www.veni.com
> 
> check also my blog:
> http://blog.veni.com
> 
> 
>
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