Whois Database

["Ferdinand Negre" <fnegre@xxxxxxxx>]

I am writing to put in my comments on ICANN's moves relating the Whois
System. 

I object to the proposal  for a new 'Operational Point of Contact' (OPoC) -
with undefined legal responsibilities - to replace the current domain
registration contacts. I understand that the 'OPoC' proposal limits the
amount of publicly displayed domain name ownership information - data which
is often used by consumers, law enforcement and Internet stakeholders to
manage, police and protect consumer and intellectual property rights on the
Internet.  In our experience in IP enforcement, the data we gather from
Whois often lead us to doorsteps of infringers thereby facilitating
successful enforcement action. 

INTA's Internet Committee proposal that ICANN conduct an objective and
comprehensive study on the legitimate abuses and uses of Whois data - before
making policy changes that may permanently alter the structure of the domain
name and Whois system - should be the right thing to do.  This will give
credibility to the system and strengthen IP enforcement.

On the other hand, eliminating all contractual obligations which require
registrars to display domain name ownership and contact details, effectively
abolishing the entire Whois system for Generic-Top-Level domain names will
render IP enforcement inutile.  This should not be the case.

Thank you and more power to INTA!

Ferdinand

 

 

    Ferdinand M. Negre
    Bengzon Negre Untalan
    Intellectual Property Attorneys
    Makati City, Philippines
    Tel (632) 8130120
    Fax (632) 8942073 
    www.iplaw.ph