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MarkMonitor 's Comments to the Proposed Adoption of the Operational Point of Contact Model (OPOC)

  • To: <whois-comments-2007@xxxxxxxxx>
  • Subject: MarkMonitor 's Comments to the Proposed Adoption of the Operational Point of Contact Model (OPOC)
  • From: "Margie Milam" <Margie.Milam@xxxxxxxxxxxxxxx>
  • Date: Tue, 30 Oct 2007 08:39:20 -0600

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 

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 

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



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




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