Whois Proposals

["Rotunno, Melissa" <Melissa.Rotunno@xxxxxxxxx>]

The Blue Cross and Blue Shield Association ("BCBSA") respectfully
submits this comment to the GNSO Council urging it to adopt Motion 2 and
reject Motions 1 and 3 at its upcoming meeting on October 31, 2007.

BCBSA owns and protects more than 1,000 top level domain names
containing its brands.  BCBSA regularly uses and relies on the Whois
database in policing its brands online and following up with those
unauthorized to use the BCBSA brands.  Access to Whois often provides
fast, reliable information that permits BCBSA to resolve its trademark
concerns and stop consumer harm, deception and confusion when BCBSA
learns of it.  Availability to Whois data is key in helping keep the
internet consumer friendly for all.

Because Motion 1 proposes an Operational Point of Contact ("OPOC") with
undefined legal responsibilities, this Motion should be rejected.  BCBSA
was represented (as an observer) on the GNSO Council Work Group this
past spring and summer and can confirm there was little to no agreement
reached on the vital issues surrounding the feasibility of an OPOC
proposal - including the OPOC's roles and responsibilities.  

Motion 2 proposes that ICANN conduct a comprehensive study on the uses
and abuses of Whois information.  A factual study is needed to provide
ICANN the data its needs before policy can be effectively shaped on an
issue so critical to the Internet and online community.

As set forth above, access to Whois data is vital and needed for online
accountability.  Therefore, Motion 3 should be rejected.

Respectfully submitted,


Melissa Rotunno 
Brand Counsel, Blue Cross and Blue Shield Association 
225 N. Michigan Ave.
Chicago, IL 60601
PH 312.297.5677 / F 312.297.5956 / melissa.rotunno@xxxxxxxxx

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