[tf2-survey] RE: Whois Task Force 2 Survey for CCDN Participants

[smosenkis@xxxxxxxxx]

      Further to my email response below, I wish to clarify ASCAP's
interest in the Whois privacy issue.  ASCAP is the oldest and largest
performing rights society in the United States, and a founding member of
ICANN's Intellectual Propety Constituency.  On behalf of ASCAP's over
175,000 songwriter and publisher members, ASCAP licenses the public
performance of copyrighted works.  Without publicly available accurate
Whois data, it would be difficult for ASCAP to determine the owner of
websites which perform copyrighted music.  With publicly available Whois
data,  ASCAP is able to contact website owners, negotiate performance
licenses and fairly distribute royalties to the owners of performed
copyrighted music
.
----- Forwarded by Sam Mosenkis/ASCAP on 02/12/2004 05:10 PM -----
                                                                                                           
                      Sam Mosenkis                                                                         
                                               To:       tf2-survey@xxxxxxxxxxxxxx                         
                      02/12/2004 04:51         cc:                                                         
                      PM                       Subject:  RE: Whois Task Force 2 Survey for CCDN            
                                                Participants                                               
                                                                                                           



I forward to you the survey reponses of the American Society of Composers,
Authors and Publishers ("ASCAP").

Thank you.



1.           For each existing data field within the Whois, please provide
             feedback to the task force regarding the following:


             a) Use - How do members of your constituency make use of the
data?

With regards to the General Information, ASCAP mainly requires the Domain
Name and the Creation Date.  As to the contact information, ASCAP requires
all the fields listed except for the Technical Contact which is not
important to ASCAP.  In general, ASCAP uses the data to determine the
person or entity and contact information that is performing music on the
website at issue in order to obtain a performance license.  While other
contact data on the site itself is helpful, often we must rely on the whois
data.  We wish to determine the domain name and date of creation to
determine when the site began operation.  By and large the technical
information is not as important to ASCAP.

             b) Necessity - Is it necessary that this information be made
available to members of your constituency?  If so, why?

YES!  Although some sites have the necessary contact information to obtain
the licenses we seek, many do not and we must rely on the Whois data.  In
these situations, without proper whois data the site will remain unlicensed
and the copyright owners will not be compensated for the performance of
their works.

             c) Concerns - Describe any concerns your constituency may have
with making this information available.

ASCAP has no concerns that this information is available to the public.

2.           If there are fields not presently available within Whois that
would
             be of use to members of your constituency, please suggest what
those
             fields may be.  For each suggestion, provide feedback
regarding the
             following:

             a) Use - How would members of your constituency make use of
the
data?

             b) Necessity - Is it necessary that this information be made
available to members of your constituency?  If so, why?

The fields presently available are satisfactory to ASCAP.  Our main issue
is that of fraudulent or outdated information.

3.           Please comment on any mechanisms that you are aware of to
allow
             anonymous domain registrations, or to limit the amount of
contact
             data made publicly available through Whois?

             Please also comment on the conditions under which the
registrant's
             anonymity is lifted when these services are used.

We are not aware of any, although if we become aware of any we will
supplement this answer.

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