MarkMonitor 's Comments to the Proposed Adoption of the Operational Point of Contact Model (OPOC)
On behalf of MarkMonitor and the companies identified below, we are pleased to submit comments pertaining to the WHOIS related motions to be considered by the GNSCO Council on October 31, 2007. In order to avoid being repetitive, we also request that the GNSO Council evaluate the prior comments submitted by MarkMonitor, and endorsed by a number of global companies in January, 2007, in connection with the Preliminary WHOIS Task Force Report (also attached). Respectfully submitted, Margie Milam General Counsel MarkMonitor Inc. Comments on the Proposed Adoption of the Operational Point of Contact Model (OPOC) On behalf of the undersigned, we are pleased to submit this letter in support of the GNSO's upcoming vote on WHOIS. We are deeply concerned about the ability to protect consumers if WHOIS is significantly changed or eliminated. Continued access to WHOIS is essential to protect the stability and security of the internet, as well as to maintain confidence of consumers, children, and the public at large in the integrity and safety of e-commerce. We understand that privacy concerns have been raised as the justification for the proposed changes to WHOIS. We respect the need to protect the privacy of individuals, but believe that continued access to WHOIS is key to the protection of millions of consumers. ICANN needs to recognize that WHOIS is integral to the protection of privacy of the millions of consumers that chose do conduct business online and voluntarily disclose their personal information to web sites that provide goods and services to them online. Without continued access to WHOIS, consumers will have no way of confirming the identity of those with whom they disclose their personal information, and may be unable to hold them accountable for any misuse thereof. Prior to adopting changes in WHOIS, the GNSO Council and the ICANN Board of Directors should conduct studies to identify and evaluate: (i) whether there is a demonstrated misuse of WHOIS sufficient to support a significant change in WHOIS policy, (ii) the harm to consumers and businesses if public access to WHOIS were significantly restricted, and (iii) the increased costs to companies resulting from restricted access to WHOIS in protecting their customers and brands from online abuse, such as phishing, counterfeit sales, and trademark infringement. As we represent a large number of brand holders, we urge ICANN to consider the impact of changes in WHOIS policy to companies that rely on WHOIS to conduct investigations and civil enforcement activities to protect their customers against illegal online activities. Until such impact has been assessed, the current WHOIS policy should continue in effect. Respectfully submitted, Margaret Milam General Counsel MarkMonitor, Inc. Co-Signed by: Novell Inc. Waltham, MA USA Overstock.com Inc. Salt Lake City, UT USA PACCAR Inc. Bellevue, WA USA PerkinElmer Life and Analytical Sciences Wellesley, MA USA Quiksilver, Inc. Huntington Beach, CA USA State Farm Bloomington, IL USA Sherwin-Williams Co. Cleveland, OH USA Attachment:
MARKMONITOR WHOIS LETTER AND ENDORSEMENTS.doc |