INTA ICANN Motion Re: WHOIS Records

["Levitt, Mallory" <Mallory.Levitt@xxxxxxx>]

October 29, 2007 

 

Dear Sirs:

 

CBS Corporation, its subsidiaries and many affiliated companies
including CBS Broadcasting Inc., CBS Studios Inc., CSTV Networks, Inc.,
CBS Outdoor Inc., CBS Radio Inc., Simon & Schuster, Inc., Showtime
Networks Inc., Spelling Television Inc., Westinghouse Electric
Corporation, among many others (collectively, the "CBS Companies") are
world-renowned entertainment and communication companies involved in the
production and distribution of television programming, cable and
television broadcasting, distribution of home video and games,
publishing and radio broadcasting, outdoor advertising and the promotion
of content and various services via the Internet.  The CBS Companies own
thousands of domain names for use in connection with the conduct of
their businesses.  In addition, the CBS Companies vigorously protect
their intellectual property rights worldwide including through
enforcement efforts against third party domain name registrations and
infringing websites.

 

The CBS Companies have participated and provided comments on prior ICANN
reports (directly and through the Motion Picture Association), and now
offer the following comments on the three motions to be voted upon by
the Generic Names Supporting Organization ("GNSO").   Our comments here
focus on Motion 2 which proposes that ICANN conduct an objective and
comprehensive study on the legitimate abuses and uses of the WHOIS data
before making policy changes that may permanently alter the structure of
the domain name and WHOIS system.  We support the adoption of Motion 2
and the rejection of Motions  

1 and 3.

 

In their efforts to protect their properties, the CBS Companies rely on
real-time, prompt, public access to accurate and up-to-date WHOIS
information for enforcement against online copyright and trademark
infringement, as well as for management of our domain name portfolios
and a host of other purposes, many of which serve the public interest,
including protecting consumers online from confusion between
unauthorized uses of our properties and our own goods and services.  We
use this information on a daily basis to review third party domain name
registrations, evaluate infringements and contact the infringers to make
them aware of our claims and take further action if necessary.  

 

The CBS Companies heavily rely on the accurate information currently
provided by registrars' reports including registrant and administrative
and technical contact names, addresses, phone, fax and email addresses,
registrar name, and registration, expiration and last modified dates.
Accordingly, it is crucial that we be able to view accurate information
including the registrant and administrative contacts' names and
addresses, and emails or facsimile numbers.  In addition, it is
important that we be able to promptly access the registration and
expiration dates of others' domain names to evaluate whether the domain
name was registered for a legitimate purpose or to capitalize on the
goodwill in the CBS Companies properties.

 

We believe maintaining the status quo is crucial to accountability of
registrants and users of the Internet, as well as intellectual property
holders, and that any changes to restrict the information that is
publicly available should be carefully evaluated.  Motion 1 which
proposes a new "Operational Point of Contact" with undefined legal
responsibilities to replace the current domain registration contacts
deviates sharply from the current system by delegating responsibilities
to a third party who has no legal obligations or ties to the particular
domain name.  More importantly, such proposal under Motion 1 prevents
claimants from thoroughly investigating the registrant, its location
(domestic or foreign), the nature of its business, among many other
issues to be reviewed to determine if there is a conflict.

 

The proponents of modifying the WHOIS records no doubt wish to prevent
data mining and protect registrants' privacy concerns. We strongly
support the current WHOIS system, and would suggest that mechanisms
other than changing the WHOIS system be put in place to protect privacy.
However, we would consider a modification to the current WHOIS system
under certain conditions, if the benefits of the current system could be
preserved, namely real-time, prompt accurate access to registrant or
contact information and registration and expiration dates.  We note that
timing of access to information is crucial, especially in the online
environment.  When websites hosting infringing content can be created,
exploited, and abandoned in a matter of hours, and domain names using
the trademarks of others can be registered in moments, prompt access to
accurate and up-to-date WHOIS information is critical.  

 

If there is a revamped system of access to WHOIS data or the elimination
of access to any such data as proposed under Motion 3, this will impose
significant obstacles in cost and time to obtaining anonymous access to
the registrant contact data that is currently available.  Such a system
will not work to advance the important goals of accountability that are
furthered by the current WHOIS system. Inaccurate or false information
results in significant delays and burdens on our enforcement program,
and undermines the usefulness of WHOIS data generally for a wide range
of legitimate business purposes.

 

The CBS Companies support Motion 2, which requires an objective and
comprehensive study on the legitimate abuses and uses of the WHOIS data
before making any policy changes that may permanently alter the
structure of the domain name and WHOIS system.  CBS supports the
obligations on domain name registrants to provide information which
enables them to be contacted, and the obligation to keep that
information updated and accurate, along with an obligation on registrars
to act when their customers do not comply with these requirements. 

 

The CBS Companies appreciate the opportunity to submit these comments
and look forward to providing further comment and information as needed
to keep the WHOIS system accurate, complete and reliable.

 

 

Rebecca Borden
Vice President & Associate General Counsel 
Intellectual Property
CBS Law
51 West 52nd Street
New York, NY 10019
ph:  212-975-3610  
Rebecca.Borden@xxxxxxx