[dow3tf] Markmonitor Alldomains comments to Whois tf 3

["gnso.icann" <gnso.secretariat@xxxxxxxxxxxxxx>]

Please find the comments from Markmonitor and Alldomains to Whois task
force 3.
GNSO Secretariat
 
 
July 5, 2004
 

Via  Email

 
ICANN WHOIS Taskforce III
 
Attn:     Chairman
 
            Re:       WHOIS Taskforce III Preliminary Report Regarding
Accuracy
 
Dear Members of Taskforce III:
 
I am writing to provide comments to the report issued by the WHOIS
Taskforce III regarding policy recommendations to improve the accuracy
of WHOIS Records.
 
I.                    Background.  
 
I represent  eMarkmonitor, Inc. ("Markmonitor") and Alldomains.com, Inc.
("Alldomains"), each of which are ICANN accredited registrars.
Markmonitor and Alldomains.com offer corporate domain name registration
services to the world's largest corporations and collectively serve over
33 of the U.S. Fortune 100.   These companies provide a number of
reports to its customers that incorporate WHOIS records, including the
reports distributed by Lexis-Nexis through its long term relationship
with Markmonitor.  
 
Markmonitor and Alldomain's  reports are used by their customers to
protect against infringement, and by law enforcement agencies to combat
illegal online activity, such as the ever growing "phishing" scams that
attempt to steal the private financial information of consumers.  These
reports are used by companies for many legitimate purposes such as to
identify cybersquatters in preparation for UDRP proceedings, to support
civil litigation, and to assist companies in managing their domain name
portfolios.  It is important to our clients that WHOIS records contain
accurate information.
 
Our comments to the Report reflect the results of client questionnaires
and web based seminars that Markmonitor has sponsored during the last
year to educate its client base on potential changes WHOIS policies,
that have involved over one hundred participants.   These comments
support the need for more accurate WHOIS records and procedures to
expedite corrections to WHOIS  when the registrant is using the domain
name to engage in fraudulent or criminal activity, such as phishing
scams.  We would be pleased to share  the results of these client
surveys if it would be helpful to the TaskForce's analysis.  
 
II.        Specific Comments.
 
A.                 Required Cancellation of Domain Names.   We are
concerned that the time period in which cancellation would be required
(Item 8) is too short, as there may be many legitimate reasons why a
customer cannot respond within the specified fifteen day period (such as
illness, vacation, etc.).  Since cancellation would mean that the domain
name would no longer resolve, it is conceivable that many legitimate
businesses would be adversely affected by this policy change.  Perhaps
cancellation after a short time period should only be required if it is
accompanied by an indication that the domain name is being used in an
illegal manner, such as to use the domain name to accomplish a
"phishing" scam or to infringe upon the rights of another.  Otherwise,
the cancellation could be required for failure to correct the record
after a longer process and the application of the redemption grace
period. Doing this would allow registrants to have ample time to
reconnect or recover the domain name if the WHOIS record is inaccurate.

 
B.                 Best Practices for Proxy Registrations.  WHOIS Task
Force 3 should also recommend procedures by which the proxy data could
be disclosed by the registrar.  Proxy services should not become a
vehicle by which registrants could be protected when engaging in conduct
that is unlawful or criminal.  As a result, ICANN should consider
adopting uniform procedures by which research on masked names can be
conducted for legitimate purposes, such as to stop fraudulent "phishing"
schemes or to identify persons involved in infringing or other criminal
activity.
 
C.        Graduated Sanctions for Noncompliance.  We agree that any new
ICANN policies should be coupled with enforcement procedures against
registrars in noncompliance.    Because of the number of domain name
registrations that registrars typically handle, enforcement should focus
on egregious situations that are unremedied after notice to the
registrar of the inaccuracy.   This gives the registrars the opportunity
to "do the right thing" in order to avoid ICANN sanctions.   
 
 
 
 
If you have any questions regarding the foregoing, please feel free to
contact the undersigned. 
 
Sincerely,
 
 
 
Margie Milam,
General Counsel of 
EMarkmonitor, Inc.
And Alldomains.com, Inc.