To the Names Council:
In a request to the ICANN Board last year, Verio, Inc., requested reconsideration of a revision to the language of the Whois bulk data access provisions in the May 2001 ICANN Registrar Accreditation Agreement (Subsection 126.96.36.199). The revision resulted in restrictions on use of the data for mass marketing by telephone and facsimile. According to Verio's reconsideration request, the previous version of the Registrar Accreditation Agreement had only restricted use of the bulk Whois data for mass marketing by e-mail, and the additional restrictions in the revised language constituted a change in policy without appropriate process.
The ICANN Reconsideration Committee concluded that Verio's position was not persuasive. It concluded that the change was a clarification made to conform to the statement of the restrictions on use of Whois data in the new TLD and revised VeriSign Registry Agreements. According to the Reconsideration Committee's analysis, the statement of the restrictions in the Registry Agreements was appropriately established through appropriate consultation with the community, and it was appropriate that the statement be implemented not only in the Registry Agreements but in the Registrar Accreditation Agreements as well.
In its recommendation, the Reconsideration Committee noted that the DNSO is currently conducting a review of Whois policy, and has appointed a Whois Committee for that purpose. The Reconsideration Committee therefore recommended that the Board call the issues in Verio's request to the attention of the Names Council for consideration of possible policy adjustments in this area.
On 21 January 2002, the ICANN Board considered the Reconsideration Committee's recommendation on Verio's request. The Board adopted the following resolutions:
Resolved [02.02] that the Reconsideration Committee's Recommendation RC 01-4 is adopted for the reasons stated in that recommendation;
Further resolved [02.03] that the Board calls to the attention of the Names Council the issues raised in Reconsideration Request 01-4 submitted by Verio Inc.;
and Further resolved [02.04] that the Secretary is directed to forward to the Names Council these resolutions, the Verio request, and Recommendation RC 01-4.
In compliance with this direction of the Board, I am attaching to this message Verio's request (RC 01-4) as well as the recommendation of the Reconsideration Committee (RC 01-4). These documents may also be viewed at the following URLs: Verio Requesthttp://www.dnso.org/dnso/notes/verio-request-15jun01.htm
The language of the Board's resolutions appears in the above text of this message.