[nc-whois] Summary of Comments: Searchability

[Thomas Roessler <roessler@does-not-exist.org>]

(Since most of the comments were quite brief already, I've
frequently taken the easy approach and just cut & pasted the
relevant sections.)



http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00004.html
http://www.dnso.org/clubpublic/ga/Arc10/msg03717.html

The author of this comment, Vittorio Bertola, "cannot see any need
for better searchability of WHOIS databases, and especially for
queries that might return more than one domain name at a time." Mr.
Bertola then goes on to make a number of statements on access to
WHOIS data in general.



http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00016.html

In this comment, the International Trademark Association supports
the recommendation "that searchability is needed on additional
elements beyond domain names.  It should be possible, for example to
search using the name of the registrant. Such a function could help
a trademark owner determine whether a particular individual has
developed a pattern of cybersquatting, which is an indicator of bad
faith under the Uniform Dispute Resolution Policy."


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00028.html

This statement, submitted on behalf of the New York Intellectual
Property Law Association, Internet Law Committee, recommends that 
"public access to whois databases at the very least be restored to
the level maintained before creation of the shared registry system,
if not indeed enhanced beyond such minimal threshold levels." The
rest of the Committee's statement generally discusses access to
WHOIS data, and argues -- based on US law -- that WHOIS record
should be considered as "public records."


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00029.html

The Intellectual Property constituency supports the the
recommendation "that searchability is needed on additional elements
beyond domain names", in the same words already known from the INTA
statement.  The IPC in particular supports recommendation 3 (B).


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00030.html
http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/doc00003.doc

This comment was submitted on behalf of Tucows.  With respect to
extended search services, Tucows asks whether the Task Force has
examined the "distributed/coordinated" model of Whois.  With respect
to the suggested swift development of cross-registry WHOIS services,
Tucows asks for an analysis of the impact and desirability of such
services.  Concerning the interim recommendation "brief examination
to any barriers to further additions to these services be
undertaken," Tucows notes "obvious technical, social and
economic impacts" of such services, and questions the
appropriateness of a "brief" examination.


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00032.html
http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/doc00004.doc
http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/doc00005.doc

The gTLD registries constituency notes that better searchability of
WHOIS databases could have "the unintended effect of making it
easier for spammers to spam." Additionally, it is observed that the
expired Internet-Draft quoted in the interim report is not an RFC
and not an authoritative reference.


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00034.html

This Time, Inc. comment supports that "Registrars should provide for
a broader menu of searchability, for example, by Registrant", and
asks for whois access to all gTLDs and ccTLDs.



http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00035.html

This comment, submitted by Erin S. Hennessy on behalf of Warner
Music Group, supports broader searchability in the same words known
from the INTA comment.


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00036.html

"MPAA supports the three kinds of improved searchability called for
by the Whois Survey respondents and highlighted in the Interim
Report.  Continued work should be encouraged to provide query-based
Whois search functionality across registrars and registries.
Existing policy should also be reinforced to restore Whois
functionality to allow for searching additional elements beyond the
domain name field.  Such functionality is important to trademark
owners in proving a pattern of infringement - which is identified as
being demonstrative of bad faith under both the UDRP and the U.S.
Anticybersquatting Consumer Protection Act - and for copyright
owners in investigating serial infringers.  As indicated by the
Interim Report, realization of such functionality would be a
restoration of the InterNIC Whois status quo ante.  Finally, MPAA
supports the recommendation for more advanced database query
capabilities and centralized search services across TLDs, including
ccTLDs.  Several of the new gTLDs have committed to offer advanced
query capabilities.  The implementation of those offerings should be
monitored and, to the extent they prove successful, they might be
looked to as models for broader implementation."


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00037.html

"In addition to accuracy and uniformity, ease of use is essential
for us [Time4 Media] in resolving trademark or domain name disputes,
as well as in promoting progress in the area of Internet commerce
and communications.  T4M supports the task force recommendation that
broader searchability is needed for search fields other than the
domain names, including searching on registrants' names.  Such a
function is necessary in that it aids us as trademark owners in
determining i) whether an individual or company is in a field of
business that relates to our own, and ii) whether it has developed a
pattern of cybersquatting, which is an indicator of bad faith under
the Uniform Dispute Resolution Policy.  We agree with the Interim
Report that the current obligations to provide this increased
searchability should be enforced."


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00039.html

This comment, submitted on behalf of the members of the Software &
Information Industry Association, mirrors the INTA and MPAA
comments, as far as extended searchability of the WHOIS database is
concerned.


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00040.html

This comment was submitted Rick Wesson.  On Searchability, Mr.
Wesson notes: "Full searchability of the whois has been mistakenly
identified as a service that previously existed. The task-force
appears to have been misguided by interests looking for additional
FREE services that have never existed. Mandating the creation of new
FREE services should be done with a critical eye, as market forces
applied with appropriate fee-based incentives appear to work in many
industries instead of mandating free and unfettered access to new
services."


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00042.html
http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/doc00007.doc

This comment was submitted on behalf of the Domain Names and
Trade-marks on the Internet Committee of the Intellectual Property
Institute of Canada.  Concerning extended searchability, "all the
three enumerated kinds of improved searchability are necessary.  At
a minimum, search capabilities that were previously available should
be restored."


http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc01/msg00046.html

In this comment, Mr. Stahura (enom) remarks that "There is no
provision currently that mandates that registrar's whois data is
allowed to be searchable by any data elements besides domain name,
therefore there is nothing to 'enforce'." Mr. Stahura cautions that
"searching by other elements and returning multiple names and whois
records for each search will place additional load on servers and
cost money for each registrar to develop. It will also lead to more
spamming, email and phone, because large numbers of records can be
gathered easily." A negative impact on WHOIS accuracy is expected.
Concerning searches by IP address and name server, Mr. Stahura
suggests that such a service could easily be built by data users,
based on information present in zone files.


-- 
Thomas Roessler                        <roessler@does-not-exist.org>