If a classification
system (e.g. charter) were to be introduced into the DNS, it would not be necessary
for ICANN to enforce the conduct of any business on the Internet. The scope of ICANN’s
authority could simply be to re-classify, suspend, or cancel an Internet address
if any of the following were to occur:1) Registration Fees are not paid
2)
Registrant provides false, incomplete, or outdated information
3) Complaint resolved
by UDRP
4) Ordered to do so by a Court of competent Jurisdiction
If the Whois
database were to be evolved into a functional resource tool, where consumers could
search, filter and prioritize by any number of fields, it would be in the best interest
of a legitimate business to ensure they are properly categorized. A business that
intentionally chooses an improper classification would only be harming themselves
by establishing prima facie evidence of bad faith for any potentially damaged parties.
The key is to develop a powerful consumer friendly search engine for use with the
whois database that rivals any in the private sector. With some creativity, it could
easily be designed to incorporate other features, such as automatic Trademark and
Patent searches on a desired company.
To further reduce the likelihood
of confusion between companies, ICANN could propose an instrument of “common understanding”
In particular, a WORLD COMMERCE AGREEMENT or other appropriately titled document
could be drafted. It would basically state that a “commercial disclosure” page should
be published on all commercial websites. The disclosure should include basic information
about the company, the nature of its business, its location, as well as any trademark
rights it is claiming. In the public interest of uniformity, it would provide a recommended
format for companies to use. Ideally, a company’s conformance with this agreement
would be recognized by every country as a sufficient good faith effort to avoid intentional
confusion with any another Internet address. Consumers would become accustomed to
looking at this disclosure for accurate information if it were an accepted International
practice.
Dave Galomb
dave-g@prodigy.net