Comment of JPMorgan Chase & Co.

["Palmer Hamilton" <PalmerHamilton@xxxxxxxxxxx>]

The following is filed on behalf of JPMorgan Chase & Co. with respect to
the proposed change of access to WHOIS data.

 

 

JPMorgan Chase & Company
WHOIS Proposals Comments 
 
To:          Internet Corporation for Assigned Names and Numbers and
GNSO 
               Council
 
               October 23, 2007
 
Re:     Comment of JPMorgan Chase & Company on GNSO Council Motions,
WHOIS Task Force Report, WHOIS Outcomes Working Group Report, and ICANN
Staff Overview of Recent GNSO Activity Concerning WHOIS
 

______________________________________________________________________

 

            It is apparent that ICANN has been unable to reach consensus
concerning possible changes in access to WHOIS data.  The OPoC proposal
has raised more issues than it has resolved from the standpoint of both
a policy and an implementation.  As a result, the OPoC proposal is not a
viable option at this point, and JPMorgan Chase & Company opposes the
OPoC proposal.  

 

            In the event, however, that the Council chooses, for
whatever reasons, to proceed with attempting implementation of the OPoC
proposal, we urge that the Council direct the staff to consider Section
6.6 of the Working Group's Final Report that lists, among
"Implementation options," a "specific means of Access for the banking
sector."

 

            During the deliberations of the WHOIS Outcomes Working
Group, a detailed proposal for bank access was submitted.  The ICANN
staff should utilize this proposal in crafting an implementation policy
that will permit banks continued access needed to protect consumers.
Such access is required in order to deter identity theft and other
fraud.  Bank access to WHOIS data is essential in this regard.  

 

As set forth in the bank proposal submitted to the WHOIS Outcomes
Working Group, it is possible, within an OPoC structure, for banks to
have access while preserving the privacy goals of OPoC.  The bank
proposal, in fact, is akin to the concept of continued access by law
enforcement since it would be provided through governmental bank
regulators.  

 

Under the bank proposal, bank regulators would have access to all WHOIS
data.  The bank regulators would then have procedures through which
governmentally-chartered banks and their affiliates could access the
data for certain limited purposes such as deterring identity theft and
other fraud on consumers.  

 

Thus, banks would not have direct access to the WHOIS data, and bank
regulators would obtain case-specific information from the bank before
providing WHOIS data to the bank.  This case-specific information would
provide an audit trail to confirm proper usage of the information.
There would be no bulk queries.

 

The query-screening process would contain well-defined requirements in
which the bank would be submit the evidence of wrongdoing, state the
purpose would be confined to addressing that specific wrongdoing, and
identify a natural person at the bank responsible for use of the data.
Upon receipt of this information, access would be algorithmetically
programmable in a SW application without explicit human intervention.  

 

The legal authority of bank regulators to participate in such a program
will vary according to jurisdiction.  If a jurisdiction fails to provide
its regulators with the needed authority, the banks in that jurisdiction
will have to seek the changes in law necessary to permit its regulators
to exercise the needed authority.  Given the clear need to protect
consumers, changes in law would likely be granted.

 

            In the event the GNSO Council proceeds with the
implementation of OPoC, JPMorgan Chase & Company strongly urges that the
staff be directed to develop an implementation plan that includes a
mechanism for continued bank access.  

 

 

 

JPMorgan Chase & Co. is a leading global financial services firm with
assets of $1.5 trillion and operations in more than 50 countries.  The
firm is a leader in investment banking, financial services for
consumers, small business and commercial banking, financial transaction
processing, asset management, and private equity.