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[council] Transfers and WHOIS - where to next

Hello All,

There seems to be an element of panic by some in the community over the plan
to accept the transfers and WHOIS task force reports at the meeting on 14
Dec 2002.  There is no need to panic.

With reference to the terminology used in the Names Policy Development
Process Assistance Group Recommendation (dated 21 August 2002):
here is the process already accepted by the Names Council for the deletes
task force that was based on the new policy development timelines.

       1. task force members from each constituency due 17 Oct 2002 (10 days
          after 7 Oct 02)
       2. open public comments on the topic for 20 days beginning 14 Oct
       3. constituency position statements due 8 Nov 2002 (35 days after 3
          Oct 02)
       4. Preliminary Task Force Report due 15 Nov 2002 - Task Force Report
          due 25 Nov 2002
       5. Public comment period from 25 Nov 2002 until 16 Dec 2002 (20 days)
       6. Final Task Force Report due 26 Dec 2002 - Council to review report
          at meeting around 5 Jan 2003
       7. Board Report due around 10 Jan 2003

A rough mapping to the recent history of the Transfers and WHOIS task force

Both transfers and WHOIS task forces produced reports for public comment on
25 June 2002 (these reports could be viewed as issues reports)

There was public discussion at the ICANN meeting in Romania.

Both transfers and WHOIS  task forces delivered reports on 20 Oct 2002
(called the Interim report)

There was an extensive public discussion at the ICANN meeting in Shanghai.

Both transfers and WHOIS task forces reported on  30 Nov 2002 (called the
final report)

Thus there has been extensive time for public comment, and the reports
reflect the public comment received so far.  The task forces have allowed a
short period for final public comments to be assessed by the task forces
before the meeting on 14 Dec 2002.

It is time to move beyond the principle level and work on implementation.

The steps are now:
(1) NC to accept task force reports on 14 Dec (2/3 vote required to be
eligible for consensus policy)
(2) NC to produce Board Report that will incorporate the task force reports
(3) ICANN Board to approve new consensus policy

I have confirmed with Louis Touton that step (3) will occur at the ICANN
Board meeting on 
23-27 March 2003 - Rio de Janeiro, Brazil.  There will be the usual public
comment processes in the lead up to this Board meeting.

As a result of the task force work particularly on transfers there is now
extensive discussion ongoing amongst registrars and registries on the best
way to implement the recommendations.  Chuck Gomes from Verisign has also
been collecting principles based on discussions and feedback from registrars
since the meeting in Shanghai.  These principles can augment the work of the
transfers task force report.  Substantial progress is finally being made.

I recommend the following process between now and the ICANN Board meeting in

(a) Names Council vote on the task force reports at its meeting on 14 Dec
This will complete the task force work on transfers, and the part of the
WHOIS task force work that relates to the current recommendations.  Ongoing
WHOIS task force work will be based on the council accepting new terms of
reference, and a new work program.

(b) An registry/registrar/ICANN staff implementation committee be formed to
produce an implementation report for the transfers and WHOIS
recommendations.  The registrar representatives should be those from
significant operational registrars and registries, and also incorporate
geographical and language diversity.  This implementation report will
examine how to implement the recommendations in the task force reports from
a technical and operational perspective, and also determine the necessary
changes or new legal structures necessary to enforce the new policy.  The
committee will also take into account additional public comments received
since the reports were published on 30 November 2002.

This would be similar to the committee formed to work on the Redemption
Grace period.
This committee should aim to complete its report by end of February 03.

(c) A Board report be produced by the Council (and approved via a vote of
the council) that incorporates the implementation report and also any
additional public comments received between now and the end of February.
This report will be submitted to the Board for decision on new consensus
policy at its meeting in March 03, and will itself be subject to at least 20
days of public input.

Perhaps the Names Council and its constituencies could consider a resolution
- accept the WHOIS and Transfers task force reports, ask the registry and
registrar constituencies to work with ICANN staff to form an implementation
committee, and produce the Board report at the end of February 2002.

I welcome your comments.

Bruce Tonkin

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