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 |