International Trade-mark Association comment on Whois

The latest Webnames.ca domain news newsletter refers to a letter sent by the INTA to Vint Cerf of ICANN.

There is a trend to eliminate the viewing of, or reduce the use of, Whois data (the identity and contact info of domain name registrants). While I am sensitive to privacy issues about individual registrants, it is important that Whois information be available.

The letter should be read in its entirety, but it says in part:

… we respectfully request that it resolve to preserve access to registrant contact data in Whois and to improve the accuracy of that data so that violations of law and threats to the health and safety of the public may be addressed in an efficient manner.

Whois serves a vital role in remedying fraud on the Internet. Its uses include: law enforcement, consumer protection, and the protection of intellectual property rights. Trademark owners value Whois data in order to resolve domain name disputes (e.g., cybersquatting) and learn the contact details for owners of websites offering dangerous counterfeit products. Only with access to accurate and up-to-date Whois data can the Internet be a safe environment that can be relied on with confidence.

Whois not only facilitates the investigation of legal violations on the Internet, but serves a basic function in making the rule of law apply to the Internet by providing information necessary to serve notice and institute legal action against violators.

Read the INTA letter

Go to webnames.ca

Whois privacy

Circle ID has a post that refers to a Wall Street Journal article on Whois privacy. ICAAN and CIRA are now trying to figure out how to deal with this issue.

Now, one can do a whois inquiry and find out the name and contact information for the owner of any domain name. That has raised privacy concerns. Some feel that information should not be made public.

Even though I support privacy principles in general, and advise clients on privacy issues, I disagree with a total ban on the ability to find that information.

First, privacy concepts apply to individuals, not corporations or other other non-human entities. So at the most any publication ban should be only for individuals that own domains.

Second, I have a real problem if I as a lawyer can’t look up the owners of domain names. It is often necessary to know who a site owner is to deal with situations where a site has, for example, violated trade-mark or copyright or has defamed a client. Or a client may simply want to contact a domain owner to see if they are interested in selling a site.

The Wall Street Journal article mentions how the Red Cross used whois information to shut down sites that were fraudulently trying to collect money for Katrina victims.

Read the CircleID post