[Fwd: Whois Changes]
Sujet: Whois Changes Date: Fri, 26 Oct 2007 14:37:36 -0700 De: Hennessy, Erin <Erin.Hennessy@xxxxxxxxxxxxxx> Pour :: <whois-comments-2007@xxxxxxxxx> Copie à :: Degrandi, Donna , Vayra, Fabricio Fabricio.Vayra, Metalitz, Steven> 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.pdf. 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-implementation-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//
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