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ICANN Montréal Meeting Topic: Whois Workshop Background Materials

22 June 2003

Whois Workshop: Background Materials

The following documents provide background information for the ICANN Montréal Whois Workshop:

Whois Papers and Reports

GAC Whois Working Group Discussion Paper

ICANN Staff Manager's Issues Report on Privacy Issues Related to Whois

Final Report of the GNSO Council's Whois Task Force Accuracy and Bulk Access

Consumer Policy Considerations on the Importance of Accurate and Available Whois Data, OECD Directorate for Science, Technology and Industry, Committee on Consumer Policy

The Creation of A New Task Force is Necessary For an Adequate Resolution of the Privacy Issues Associated With Whois, Electronic Privacy Information Center (EPIC) and Ruchika Agrawal

A Perspective on the Role of the IETF’s CRISP Working Group, a paper by Leslie Daigle & Andrew Newton

Speaker Presentations and Papers

Privacy and Data Protection Consideration of the Whois Directories Discussion, a presentation by Diana Alonso Blas

Whois Workshop Introduction to Registry/Registrar Issues, a presentation by Bruce Beckwith

Whois and ccTLD Naming Policy, a presentation by Bart Boswinkel

How the FTC Uses Whois Data, a presentation by Maneesha Mithal

IPR Uses of Whois, a presentation by Jane Mutimear

Bridging Technical Possibilities with Policy Technicalities, a presentation by Andrew Newton

Non-Name Uses of Whois, a presentation by Ray Plzak

Registrar Experiences with Whois, a presentation by Bruce Tonkin

ICANN Advisories and Agreements

Registrar Advisory Concerning Whois Data Accuracy (10 May 2002)

ICANN Announces Steps to Improve Whois Data Accuracy (3 September 2002)

Registrar Advisory Concerning the "15-day Period" in Whois Accuracy Requirements (3 April 2003)

Whois Data Reminder Policy Posted (16 June 2003)

ICANN Registrar Accreditation Agreement (selected RAA provisions below)

A. Providing Whois Service

3.3.1 At its expense, Registrar shall provide an interactive web page and a port 43 Whois service providing free public query-based access to up-to-date (i.e., updated at least daily) data concerning all active Registered Names sponsored by Registrar for each TLD in which it is accredited. The data accessible shall consist of elements that are designated from time to time according to an ICANN adopted specification or policy. Until ICANN otherwise specifies by means of an ICANN adopted specification or policy, this data shall consist of the following elements as contained in Registrar's database: The name of the Registered Name; The names of the primary nameserver and secondary nameserver(s) for the Registered Name; The identity of Registrar (which may be provided through Registrar's website); The original creation date of the registration; The expiration date of the registration; The name and postal address of the Registered Name Holder; The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

B. Required Provisions in Service Agreements with Registrants

3.7.7 Registrar shall require all Registered Name Holders to enter into an electronic or paper registration agreement with Registrar including at least the following provisions: The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections, and A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration. Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm. Registrar shall provide notice to each new or renewed Registered Name Holder stating: The purposes for which any Personal Data collected from the applicant are intended; The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); Which data are obligatory and which data, if any, are voluntary; and How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. The Registered Name Holder shall consent to the data processing referred to in Subsection The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection of any such third-party individuals. Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection above. Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

C. Registrar Obligation to Correct Inaccurate Data

3.7.8 Registrar shall abide by any specifications or policies established according to Section 4 requiring reasonable and commercially practicable (a) verification, at the time of registration, of contact information associated with a Registered Name sponsored by Registrar or (b) periodic re-verification of such information. Registrar shall, upon notification by any person of an inaccuracy in the contact information associated with a Registered Name sponsored by Registrar, take reasonable steps to investigate that claimed inaccuracy. In the event Registrar learns of inaccurate contact information associated with a Registered Name it sponsors, it shall take reasonable steps to correct that inaccuracy.

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