RE: [council] Registrant Representation in WHOIS Workshop

["Neuman, Jeff" <Jeff.Neuman@Neustar.us>]

Marilyn,

The concern I have between all of the calls that have been going on, and
with the workshop is that more and more these days (at least in the US), the
governments (and even the courts) have looked to the registries to remedy
what they view as inadequacies of the system.  Often times, courts have
ordered registries to do things that are beyond their technical and legal
capabilities with respect to Whois (and UDRP as well).  We believe that this
may stems from a lack of understanding about the roles and capabilities of
the registries (especially the thick registries).

Similarly, I have heard many possible proposed solutions that would have a
role for the registries that may be beyond our capabilities, either
technically or legally.  There have also been some proposed solutions that
may be technically feasible to implement by the registries, but may involve
significant costs to our system.  We do not believe that these proposed
solutions are intentionally drafted to be like this, but rather stem from a
lack of understanding.  

We would therefore appreciate the opportunity to present a view that we
believe has not yet been heard. 

Thank you.

Jeff

-----Original Message-----
From: Cade,Marilyn S - LGCRP [mailto:mcade@att.com]
Sent: Wednesday, June 11, 2003 12:04 PM
To: Neuman, Jeff; Milton Mueller; council@dnso.org
Cc: sabine@denic.de; tom@schlund.de; Mike Roberts (E-mail)
Subject: RE: [council] Registrant Representation in WHOIS Workshop


Thanks, Milton
Your suggestions of speakers who actually represent registrants is of course
an important one. I will share your email with the full Program Committee.

Actually, I wondered if there is not an even more important point in your
message, beyond suggesting 
specific possible speakers, which I greatly appreciate, which is that
registrants are indeed very disparate, and that it is hard to capture their
points of view via any particular organization, although some organizations
may be in a better position
than others to seek out individual points of view. 

So, in addition to organizations like CDT, and EPIC, I would assume that the
At Large
will also want to be heard from as they are outreaching to individuals. I
leave that
to Thomas to comment on of course.

Finally, to Jeff and others in Council, again, it is helpful if you make
concrete suggestions which the Program Committee
can take on board for consideration. I have copied the chair of the
committee, but I 
 will also share any input, suggestions for topics, speakers, etc. that you
might in the next couple of days, suggest through the Council's list.

It would, again, be most helpful, if you provided concrete suggestions,
since the 
Program committee will meet again today, and hopes to finalize an agenda and
start
inviting speakers by the end of the week. Milton, thank you for your
suggestions.

All input and suggestions will be shared with the program committee in
total.

Best regards,

Marilyn
-----Original Message-----
From: Neuman, Jeff [mailto:Jeff.Neuman@Neustar.us]
Sent: Wednesday, June 11, 2003 11:15 AM
To: 'Milton Mueller'; council@dnso.org
Cc: sabine@denic.de; tom@schlund.de
Subject: RE: [council] Registrant Representation in WHOIS Workshop


I would have to agree with Milton on this one.  There is also another
underrepresented group in this process as well:  gTLD Registries.  There is
no member of a gTLD Registry that is involved in the planning of these
workshops.  We believe this to be highly ironic since many have suggested
that registries (especially "thick registries") aid in the solution
(whatever that may be).

Jeff

-----Original Message-----
From: Milton Mueller [mailto:Mueller@syr.edu]
Sent: Wednesday, June 11, 2003 10:41 AM
To: council@dnso.org
Cc: sabine@denic.de; tom@schlund.de
Subject: [council] Registrant Representation in WHOIS Workshop



Re: Thomas's message, 
It is interesting to characterize domain name registrants
as "Whois data providers." Technically it is correct, 
however there is an important distinction between 
commercial suppliers of registration services who must
in the course of their business, supply Whois capabilities, 
and the customer or consumer, who in the gTLD space 
participates in Whois involuntarily, following terms and 
conditions set in a contract of adhesion. 

One serious problem with the way this issue is being 
addressed is that individual domain name registrants are 
unrepresented in the process. 

The so-called "user" constituencies in GNSO are, with the 
exception of NCUC, really trademark protection constituencies.
All the others are provider constituencies (including ISPs).

The interests of registrars and registrants are often 
aligned in this process, and the registrars recently have
done a good job of raising some of the privacy issues, but
at various points their interests diverge from those of
consumers. 

So, one suggestion, Marilyn, is that the program include 
speakers who are genuinely advocating the interests of
domain name REGISTRANTS, and not people who want to
track, litigate against, spy on or market to individual
registrants. Both Alan Davidson of CDT, and Marc Rotenberg
of EPIC will be in Montreal and take a user perspective.
Their contact info is easily accessible at www.cdt.org 
or www.epic.org