Registrars Constituency Policy Update

1. Registrars Constituency Policy Update Denise Michel, VP Policy Liz Gasster, Senior Policy Counselor Margie Milam, Senior Policy Counselor October 2009

2. Items Addressed • Explanation of new GNSO structure • GNSO reform update (OSC / PPSC) • GNSO workload / prioritization • Whois Misuse study • Registrant rights/responsibility • Board request re: TM protection implementation plan

3. New GNSO Structure October 2009

4. Key Goals • Adopting a Working Group Model • Focal point for policy development • More inclusive, representative, effective • Revising the PDP • More effective and responsive to policy development needs • Enhancing Constituencies • Procedures, operations to be more transparent, accountable and accessible.

5. Key Goals cont. • Improving Communication and Coordination • With ICANN Structures • Including the Board. • Restructuring the GNSO Council • Smaller, more focused strategic entity • Strengthened management and PDP oversight.

6. GNSO Council [21 members — 20 votes] (1 Non-Voting NCA) ccNSO2 ALAC1 “Contract” Party House [6+1] “Non-Contract” Party House [12+1] Voting NCA Voting NCA • Registries • Others Registry Stakeholder Group [3] • Registrars • Others Registrar Stakeholder Group [3] Commercial Stakeholder Group [6] • Business • Intellectual Property • Internet Svc Prov. • Others Non- Commercial Stakeholder Group [6] • Non-Comm’l Users • Others 1 Non-Voting Liaison – counted as a member 2 Observer – not counted as a member Legend: [ ] Voting; ( ) Non-Voting New GNSO Council Structure

7. Current Status and Next Steps • New Bylaws and Stakeholder Group charters are in place • Council representatives have been determined (8 new) • GNSO Council has approved Implementation Transition Plan • Nominations for Council were held, have closed; elections to happen in Seoul

8. Current Status and Next Steps • New Council Procedures recommended • Public comments closed 16 October • To be voted on in Seoul • Policy and Operations Work Team efforts will continue after Seoul on key aspects • Creating new Policy Development Process • Creating new Working Group Model

9. GNSO Policy Process & Operations Steering Committees October 2009

10. GNSO Participation & Workload October 2009

11. Introduction

12. Working Groups/Teams Analyzed Note 1: The periods of attendance/participation data vary by group with some having records starting in early 2008 and a few having data as late as September 2009. Note 2: Data assumptions and technical notes are contained in the Report Appendix; the summary and raw data are included in an accompanying Excel workbook.

13. Question: What is Group B’s percentage attendance at conference calls/meetings counting any participant from each Constituency? GROUP A Percent Attendance by Constituency# (*) Includes At-Large, Nom-Com Appointees, GAC, Individuals (#) At least one person attended each meeting/conference call from the Constituency Note: As long as any participant from that Constituency was present at a session, no absence was counted. Conversely, if no one from that Constituency was present, an absence was recorded.

14. Question: What is Group B’s percentage attendance at conference calls/meetings counting any participant from each Constituency? GROUP B Percent Attendance by Constituency# (*) Includes At-Large, Nom-Com Appointees, GAC, Individuals (#) At least one person attended each meeting/conference call from the Constituency Note: As long as any participant from that Constituency was present at a session, no absence was counted. Conversely, if no one from that Constituency was present, an absence was recorded.

15. Final Thoughts

16. WHOIS STUDIES UPDATE October 2009

17. WHOIS - Definition • WHOIS -- provides public access to contact information for Registered Name Holders • Requirements are in ICANN agreements • Required data (thick WHOIS) – nameservers and DNS configuration data, registrar, start date, expiration date, and registrant contact information, technical contact and administrative contact. • Thin WHOIS -- only data sufficient to identify the sponsoring registrar, status of the registration, and creation and expiration dates for each registration.

18. Sample WHOIS record: Domain servers in listed order:NS.ICANN.ORG A.IANA-SERVERS.NET C.IANA-SERVERS.NET B.IANA-SERVERS.ORG D.IANA-SERVERS.NET Registered Through GoDaddy.com, Inc. Domain Name: icann.org Created on: 14-Sep-1998 04:00:00 UTC Expires on: 07-Dec-2012 17:04:26 UTC Last Updated on: 13-Aug-2009 15:10:10 UTC Registrant: ICANN 4676 Admiralty Way Suite #330 Marina del Rey, California 90292 US Phone:+1.3103015817 Administrative Contact:ICANN 4676 Admiralty Way Suite Marina del Rey, California, 90292 Phone:+1.3103015817 / FAX:+1.3108238649 Email:domain-admin@icann.org Technical Contact:ICANN 4676 Admiralty Way Suite Marina del Rey, California, 90292 Phone:+1.3103015817 / FAX:+1.3108238649 Email:domain-admin@icann.org

19. Why are WHOIS studies important? WHOIS policy has been debated for many years Many competing interests with valid viewpoints: Law enforcement, IP owners, others want easy access to accurate contact information Individuals and privacy advocates are concerned about privacy protection and abuse of public info Governments want their legal regimes to be followed Providers are reluctant to absorb new costs, Registrars earn revenue from privacy services Few policy changes to WHOIS (prohibition against use for marketing, conflicts procedure)

20. Goals of WHOIS studies No PDP underway now GNSO Council hopes that study data will provide an objective, factual basis for future policy making Variety of topic areas selected are targeted at informing key policy issues of concern – providing information such as possible causality in increasing spam and other harmful acts; useful info about registrants; use of proxy and privacy services, etc… Technical consideration of alternatives, especially in light of the growing number of international registrations

21. WHOIS StudiesOverview The GNSO Council has identified several broad WHOIS study areas Misuse of public WHOIS data Registrant identification study (previously “misrepresentation”) WHOIS proxy and privacy services study Display of non-ASCII character sets in WHOIS Compilation of current and potential WHOIS service requirements

22. 1. Misuse Studies Will study extent of misuse of public WHOIS data to generate spam or for other illegal or undesirable activities. Two approaches: Descriptive Study – will survey registrants about specific acts they have experienced that they believe occurred using WHOIS contact data; survey registrars about how WHOIS can be queried; and survey others about reported incidents from cybercrime, research and law enforcement organizations. Experimental Study – will measure a variety of harmful acts by classifying messages sent to test domains registered by a representative sample of registrars. Will compare harmful acts associated with public vs. non-public addresses and examine impact of public WHOIS and anti-harvesting measures. RFP released 27 September – responses due in 60 days

23. 1. Misuse (cont’d) 2 types of studies may compensate for limitations inherent to each: Can’t measure % of all queries that lead to misuse Difficult to track harmful acts. Was WHOIS data exploited? Difficult to reliably assess anti-harvesting measures Difficult to trigger or measure harmful acts in experiments

24. Registrant Identification Study * previously “misrepresentation” Looks at how registrants are identified in WHOIS Will study extent to which domains used by legal persons or for commercial purposes: Are not clearly identified as such in WHOIS; and Are correlated to use of privacy and proxy services Also using RFP approach, posted 23 October, responses due 22 December

25. Registrant Identification cont’d Review sample of domains looking for names or organizations that are either patently false, appear to identify a natural person, an organization engaged in non-commercial activities or a privacy or proxy service – for further analysis. Results will quantify domains registered to natural vs. legal persons and domains used for commercial vs. non-commercial purpose, distributed by gTLD, geo region and proxy/privacy use. Failure to clearly identify as a legal person

26. Registration Identification cont’d Challenges: Study can only provide empirical data, there is still debate about what uses are impermissible (e.g. use of proxy services by legal persons) Difficult to identify licensees of domains registered by proxy services Large numbers of ambiguous owners (legal vs. natural persons) could skew results Disagreement re: commercial use

27. WHOIS Proxy and Privacy Services Study the extent to which privacy and proxy services are abused to: Obscure the source of illegal or harmful communication or activity; and Delay source identification Plan to pursue a similar RFP approach TOR drafting not yet begun Hope to complete by end of year

28. 4. Display of non-ASCII character sets Proposal recommended examination of various client interfaces to assess implications for the accuracy and readability of WHOIS contact information A new SSAC-GNSO Technical Working Group will consider display specifications for internationalized registration data (WG tasking may pre-empt WHOIS display study)

29. 5. WHOIS Service Requirements May 2009 request from GNSO Council Staff tasked to collect and organize a comprehensive set of requirements for the WHOIS service policy tools Intended as an accurate and neutral compendium to help Council consider alternatives Status and update will be covered in Part II of this presentation.

30. Next steps and ways to get involved Attend the Internationalized Registration Data (IRD) workshop in Seoul on Wednesday 28 October at 15.00 Contribute to the SSAC-GNSO IRD Working Group just being convened Staff will release study information as analyses are complete – several months The GNSO Council and staff will then consider which studies to conduct

31. Additional Information • GNSO Council Resolution in Mexico City, March 2009https://st.icann.org/gnso-council/index.cgi?04_mar_2009_motions • WHOIS misuse RFP announcement: http://www.icann.org/en/announcements/announcement-28sep09-en.htm • WHOIS registrant identification RFP announcement: http://www.icann.org/en/announcements/announcement-23oct09-en.htm • GNSO Council Resolution on WHOIS Service Requirementshttps://st.icann.org/gnso-council/index.cgi?07_may_motions • ICANN Board Resolution regarding display and usage of internationalized registration data, 26 June 2009http://www.icann.org/en/minutes/resolutions-26jun09.htm#6 • Updated cross reference table for Whois studies under consideration http://gnso.icann.org/issues/whois/whois-requested-studies-chart-25sep09-en.pdf • Internationalized Data Registration Working Group charter http://gnso.icann.org/drafts/internationalized-data-registration-wg-draft-charter-27sep09.pdf

32. Registrant Rights Charter & Additional Responsibility October 2009

33. Background on the RAA Amendments • March 2009- the GNSO Council approved a set of amendments to the RAA • May 2009- ICANN’s Board of Directors approved the RAA amendments • Sept 2009- the GNSO Council created a joint GNSO/ALAC drafting team to conduct additional work related to the RAA to: • Develop a Registrant Rights Charter • Identify Topics on which further amendments may be desirable

34. Drafting of Registrant Rights Charter Section 3.5 of the RAA: “In the event that ICANN gives reasonable notice to Registrar that ICANN has published a webpage that identifies available registrant rights and responsibilities, and the content of such webpage is developed in consultation with registrars, Registrar shall provide a link to the webpage...”

35. Next Steps • Drafting Team to develop the charter using the information contained in the Summary of Registrant Rights Document • Drafting Team to identify topics on which further amendments may be desirable Deadline of 9 November for Suggestions • Drafting Team Meeting in Seoul: Wednesday 28 October 2009 - 17:30 - 19:00 Sapphire 4 (L3)

36. Board Request on Trademark Protection Implementation Plan October 2009

37. 감사합니다. Thank You