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Fri, 6 Feb 2004 16:20:31 -0500 |
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Yesterday the US House of Representatives Judiciary Committee's
Subcommittee on Courts, Internet and Intellectual Property handed
down a terrible new bill.
Couched in language of US Trademark law, the bill if adopted
would have sweeping effects on the way WHOIS data is handled worldwide.
The bill is a huge vote of no confidence for ICANN. I find
Congress' timing puzzling because ICANN is doing exactly what
the Subcommittee and and the Department of Commerce told
them to do(!): work hard to find a solution to the
problem of inaccuracy in the WHOIS databases. With 3 GNSO
Task Forces (TFs) created at ICANN's last meeting and running concurrently as we speak, never before have so many people
in the ICANN community spent so much energy on a single
issue. WHOIS is definitely a key priority of ICANN right now.
So it comes as a surprise that the Copyright Coalition's witness
Mark Bohannon yesterday sat at the witness table and agreed
with the other witnesses that ICANN was doing little or nothing
to address the problem. Sitting right behind him was Steve
Metalitz, Counsel to the Copyright Coalition, who is a member
of GNSO WHOIS Task Force 2, and spends no less than an hour
a week on a TF conference call (and more on email) examining
and debating the WHOIS privacy vs. accuracy issues.
The bill is HR 3754. For coverage of the bill and hearing, check
out the National Journal's Feb 4 PM Edition (still posted as I
write this) at http://nationaljournal.com/pubs/techdaily/, under
"New bill targets online fraudsters."
My quote is at the end:
"The subcommittee is bypassing the best way to improve
accuracy in the databases, which is the creation of basic
privacy protections," said Kathy Kleiman, an attorney at
McLeod, Watkinson and Miller, and co-founder of
ICANN's non-commercial constituency. "The legislation chills
free speech, particularly online speech critical of corporations
[using trademarks], and denigrates ICANN's current and
extensive efforts in the Whois area."
Regards, Kathy (Kleiman)
NCUC's Rep to TF2 on Whois data elements
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