Comments on WHOIS Task Force 3: Suggestions from NCUC

Please don't copy the following word for word, but here are some key points to make:

1. Opposition to the entire Best Practices Section of the Preliminary Report.

2. Preference to work with the alternative section, "Matters Requiring Further Consideration, Policy Recommendations and Proposed Best Practices," drafted by the Registrar Constituency.

3. Proposal of amendments to the Registrar's document which promote the following points:

• Privacy protections are key to ensuring accuracy - minimization to purely technical data requirements and restrictions placed on access will encourage accuracy of data.
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• Any changes to WHOIS policy concerning accuracy should be for technical purposes.  The purpose of WHOIS originally was identification of domain owners for purposes of solving technical problems. The purpose was _not_ to provide law enforcement, intellectual property lawyers or other self-policing interests with a means of circumventing normal due process requirements for access to contact information. None of the current WHOIS Task Forces are mandated to revise the purpose.
• Changes to WHOIS policy should be made on behalf of the user desiring to update/correct their inaccurate data in order to comply with international data protection law. Registrar agreements should facilitate this process.

4. NCUC suggestions for specfic parts of the Registrars' alternative document needing amendment:

• We support language that would help a registrant to update their data should they wish to do so, but oppose language that makes it mandatory to submit accurate personal data.  We could support much of the Policy Recommendations Section, but MUST OPPOSE the inclusion of the following sections:


• 2. If the Registrar is incapable of contacting the Registrant or an Agent of the Registrant via one of these means within the time permitted by this process, the Registrar should place the registration on hold for a period of 30 days. If within this period the data accuracy issues are not resolved, then the Registrar should cancel the registration permanently.
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• 3. The Registrar shall verify the corrected data prior to reactivating the domain name or closing the WDPRS problem report. Registrars may choose to perform this function on a for-fee basis.
• b. Amend RAA to ensure that Registrants who willfully provide false contact information or fail to respond to requests for data verification within 30 days will have their registration(s) cancelled.
• Similarly, in the Best Practices section we would support the two statements following "Registrars must resolve WDPRS complaints within 45 days of receipt. i. Acceptable resolution includes...":
• 1. correction of the report inaccuracy
• 2. confirmation of the validity of the data
but must oppose the third:
• 3. cancellation of the registration in the event that the Registrant does not provided corrected data in response to valid reported inaccuracies.
• We would also support the recommendations of the Security and Stability Advisory Council, but ONLY in terms of the technical data - not for personal data.

Task Force 3 Preliminary Report