Congressman Lamar Smith of Texas - chairman of the Courts, the Internet and Intellectual Property Subcommittee of the House Judiciary Committee - yesterday produced from nowhere extensions to the 1946 Trademark Act that would make giving false contact information for a domain name a civil and criminal offence.The ACLU, the EFF, the ALA, the CDT and Public Knowledge sent this letter (html) (pdf) to Chairman Sensenbrenner and Ranking Member Conyers expressing their concerns.
The undersigned libraries and public interests groups urge you to delay the markup of H.R. 3754, “The Fraudulent Online Identity Sanctions Act,” scheduled for this Wednesday, May 5. While we recognize the need to improve the accuracy of the WHOIS domain name database, we write to express our concern that this bill will penalize and potentially jail Americans who seek only to protect their privacy and right to anonymous free speech online.The International Trademark Association has a June 2004 Washington Update on it's site, but they do not make it clear why they are supporting this bill. Instead, Circle ID breaks it down quite clearly.
FOISA, perhaps, among other things, is aimed at eliminating a bugaboo identified by some intellectual property holders as a serious threat to trademark holders; namely, the inability to reliably use a consumer database of domain name registrations for investigations and identity checks when intellectual property holders prepare for various forms of dispute resolution, including litigation. Why legislative approval for using the WHOIS database for a purpose it was never intended seems imminent confirms the status and lobbying power of certain intellectual property holders. (1)The good news is that the court, in CyBerCorp Holdings, Inc. v. Jay Allman finds:
that registrant's use of proxy service to keep contact information private, in and of itself is not evidence of bad faith, given that there are good faith reasons for wanting to keep one's 'Whois' data private (2)
posted by bedhead at 6:03 PM on June 21, 2004