Whois Changes

["Hennessy, Erin" <Erin.Hennessy@xxxxxxxxxxxxxx>]

TO:      GNSO Council Members 

CC:      Paul Twomey, CEO ICANN

FM:      Time Warner Inc. 

DT:      October 26, 2007 

Time Warner Inc. appreciates this opportunity to comment on recent
developments in Whois policy at ICANN, and specifically on the three
resolutions scheduled for presentation to the GNSO Council on October
31, 2007.  

Time Warner Inc. is a leading media and entertainment company with
businesses in various industries, including interactive services, cable
systems, filmed entertainment, television networks and publishing.
Whether measured by quality, popularity or financial results, our
divisions are at the top of their categories. AOL, Time Warner Cable,
Home Box Office, New Line Cinema, Turner Broadcasting System and Warner
Bros. Entertainment maintain unrivaled reputations for creativity and
excellence as they keep people informed, entertained and connected.
 

Comments submitted by Time Warner Inc. to ICANN on February 8, 2006,
describe in detail some of the many ways in which our companies use the
Whois database.  See
http://forum.icann.org/lists/whois-comments/msg00031.html.  It is still
the case, as we noted then, that "the WHOIS databases are the foundation
for most Internet related investigations and transactions."  Any change
to the current system of unrestricted public access to Whois data could
have a significant impact on the online activities of our companies. For
this reason, we have closely followed ICANN's policy development
activities in this area closely.  

We have reviewed the three resolutions set out on pages 9-10 of the
staff document,
http://www.gnso.icann.org/drafts/icann-staff-overview-of-whois11oct07.pd
f.  We urge the GNSO Council to reject resolutions 1 and 3, and to
support resolution 2.  

Resolution 1 would put the GNSO council on record in support of the
proposal to remove much of the data now made publicly available through
Whois, and to replace it with the contact information of an Operational
Point of Contact (OPOC).  This proposal was the subject of several
months of intensive study by GNSO Working Group whose report was
completed in August (see
http://www.gnso.icann.org/drafts/icann-whois-wg-report-final-1-9.pdf).
A review of this report makes clear that agreement could not be reached
on fundamental aspects of the OPOC proposal.  These include: delineating
the responsibilities of an OPOC; ensuring that the OPOC is made aware of
these responsibilities and accepts them; and providing an efficient,
predictable and reliable alternative mechanism through which those with
a legitimate need could access the Whois information that would be
withheld from the public.  It is especially disappointing that the
Working Group made almost no progress on this last issue.   

To push ahead with the OPOC proposal in its current state - or even with
a "a streamlined version" of it, as suggested in the staff
implementation notes document,
http://www.gnso.icann.org/drafts/gnso-whoiswg-report-staff-implementatio
n-notes-11oct07.pdf  - would be extremely imprudent, in the view of Time
Warner Inc. adoption of resolution 1 would create a very high risk that
our companies, and other legitimate users, including law enforcement
agencies,  would be unable to access needed Whois information at all.
At best, this access would be much slower and less reliable than it is
today. This outcome, we submit, would not be in the best interests of
Internet users as a whole.  Consider that one vital use of Whois data is
to assist in the investigation and deterrence of online frauds such as
phishing, and that time is of the essence in anti-phishing efforts.  The
OPOC proposal, as it now stands, would impede timely access to this data
for this purpose.  

Time Warner Inc. supports resolution 2.  We believe that the current
system of  access to registrant contact data needs improvement in
several ways: for instance, data must be more accurate, and the role of
proxy registration services and similar mechanisms must be rationalized.
ICANN has an important role to play in these improvements.  ICANN's
consideration of Whois policy has been protracted and relatively
unproductive to date.  One reason why is that ICANN's work has never
been based on a solid foundation of factual data.  The comprehensive
study called for in resolution 2 could provide that foundation.
Similar recommendations have been made by the Whois Working Group
referred to above, and by the Governmental Advisory Committee to ICANN.
The study summarized in resolution 2 would be a good investment of ICANN
resources, and would increase the chances for sound policy development
on a consensus basis in the future.  

Resolution 3 would eliminate all the contractual obligations of gTLD
registrars and registries to collect and to make available registrant
contact information through Whois.  Instead, each registrar and registry
would set its own practices in this area.  It is hard to imagine a
better recipe for confusion and uncertainty, or a more hospitable
environment for online fraud and criminal activity. The critical role
that Whois plays in promoting transparency and accountability online
would be seriously undermined, if not entirely eliminated.  While we can
understand the sense of frustration that may have led to the proposal of
this resolution, we hope the GNSO Council realizes how irresponsible it
would be to adopt it, and how damaging such a step would be to the
credibility of ICANN among intellectual property owners, within the
business community as a whole, and with many governments as well  

Thank you for your consideration,

 

 

Erin S. Hennessy

Assistant General Counsel

Time Warner Inc.

One Time Warner Center

14th Floor

New York, New York 10021

(p) 212.484.8140

(f) 212.658.9262