[bc-gnso] FW: On Another DC Subject...

[Phil Corwin <psc@xxxxxxxxxxx>]

For those of you following the PIPA and SOPA anti-piracy bills pending in 
Congress, I have posted a letter sent today  to the Chairman and other senior 
members of the House Judiciary Committee regarding the potential impact of SOPA 
on registrars and other domain name intermediaries -

http://internetcommerce.org/SOPA%20Concerns

SOPA Could Shutter Registrars and other Domain Name Industry Intermediaries - 
And Terminate Their Vital Registrant Services

The Internet Commerce Association has just sent a letter to senior members of 
the House Judiciary Committee  regarding the likely unintended but potentially 
devastating impact of H.R. 3261 ("SOPA") as introduced upon ICANN-accredited 
registrars and other participants in the broad domain name industry, as well as 
upon the domain registrants who use those services. Registrants, for example, 
might find it impossible to renew domains due to the extrajudicial termination 
of payments services sanctioned by the proposal, or to complete domain sales or 
transfers. Further, many of the domain name industry companies subject to 
potential payment and advertising service termination under the bill might lack 
the income to pursue their legal rights, and could well be forced into 
bankruptcy.

This potential impact arises because, while domain names are subject to 
trademark law, the Anti-Cybersquatting Consumer Protection Act (ACPA)  as well 
as ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) place the 
responsibility for domain name infringement upon the domain registrant and look 
at a variety of factors, particularly the actual use of the associated domain, 
before reaching a determination as to whether infringement exists.

ICA believes that SOPA, as introduced, creates the strong possibility that 
trademark rights holders will seek to have payment and ad services terminated 
to registrars and other domain name intermediaries based upon the allegation 
that they are facilitating the use of domains that constitute "counterfeit 
marks" in and of themselves, without reference to actual use or available 
defenses. This potential shifting of "cybersquatting" responsibility from 
registrants to registrars and other domain name intermediaries, as well as the 
failure to incorporate the more comprehensive and nuanced analysis of the ACPA 
and UDRP, appears unjustified and unwise - and could lead to the shutdown of 
these domain name intermediaries and the associated termination of critical 
domain-related services to millions of registrants engaged in non-infringing 
uses of their websites.

The letter also expresses concerns that the introduced legislation needs 
substantial narrowing and is not required to effectively address infringement 
on websites subject to U.S. court jurisdiction, and will also have negative 
effects on cybersecurity and on the availability of venture capital for 
innovative Internet startups.

At this time the full House Judiciary Committee is tentatively scheduled to 
"markup" - amend and vote on reporting the bill to the full House of 
Representatives - on Thursday, December 15th. U.S.-based domain industry 
participants who have concerns about any aspect of the legislation should 
contact their representatives at once, especially if they serve on the 
Committee.  A complete list of Committee members is available at 
http://judiciary.house.gov/about/members.html .

The full text of ICA's letter follows --- (continue to the website if you wish 
to read the full letter -- http://internetcommerce.org/SOPA%20Concerns )



Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

"Luck is the residue of design" -- Branch Rickey