News International's Comments on the proposed WHOIS Changes

["Heath, James" <james.heath@xxxxxxxxxxxxx>]

To Whom it May Concern:
 
News International Ltd. has the following additional issues regarding
the WHOIS consultation:
 
1)  We think that the proposal will make service of legal documents more
difficult, time-consuming, and expensive or less reliable.  For
instance, would service at the OPoC's address suffice as service on the
registrant?  Would the registrant have to agree that service on the OPoC
is sufficient to count as service on the registrant?
 
2)  We wonder whether ICANN have thought through the Data Protection
implications (see UK Legislation)?  For instance, will the OPoC need the
registrant's express permission in order to reveal the registrant's
personal details without a court order?  Will you make such permission a
obligatory condition for domain registration?
 
3)  We think that it would be sensible to have further consultation
regarding OPoC once the role of OPoC and the rules and regulations
governing them have been made clearer.
 
 
 
as well as agreeing with these issues that have already been raised:
 
 
4)  OPoC would make contacting the registered name holder more
difficult, time-consuming, expensive or less reliable.
 
5)  The obligations of the OPoC are unclear or undefined. Concerns
expressed included the following:

*       Is there an obligation to pass on communications from 3rd
parties? 
*       If so, in what timeframe? 
*       What is an 'operational issue relating to a domain name'? i.e.
Does it include rights-holder issues? 'Operational issues' appear to
relate to only technical or administrative issues with the domain name.

6)  There are no performance standards applicable to the OPoC/no
enforcement method / no penalty for failure of OPoC to comply with
standards / the proposal creates no incentive for OPoCs to forward
communications to name holders.
 
7)  There needs to be a clear alternative way to give timely, reliable
and uniform access to any unpublished data. 
 
 
 

Yours faithfully,

 

 

James.

 

 

James Heath

 

Intellectual Property Department

News International Ltd 

1 Virginia Street

London E98 1ES

 

T:  0207 711 7857

F:  0207 782 3419

e:  James.Heath@xxxxxxxxxxxxx
 
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