AAP on the Hill / Issues: Internet & Technology

May 15, 2002

Congressmen Coble & Berman introduce Whois Legislation May 5, 2002
Whois Database Legislation, H.R. 4640

Accuracy of domain name registration data in ICANN’s Whois Database is of critical importance to combating online copyright piracy. In an effort to address the problem of fraudulent data in the Whois database, Congressman Howard Coble (R-NC), Chairman of the House Judiciary Subcommittee Courts, the Internet and Intellectual Property and Ranking Member Howard Berman (D-CA) introduced legislation on May 5, 2002, that would make it a criminal offense to knowingly provide false or misleading information when registering a domain name on the Internet. The bill has been referred to the House Judiciary Committee and may be marked up as early as this week by the Committee. This bill was introduced to address concerns many different groups and industries have had regarding inaccurate information in the Whois Database. The Whois Database is a publicly accessible site, which is made up of a number of information directories, which provides contact information for registrants of “second level domains”. The information available to the public is only the information that appears to the left of the “dot” in an Internet address and after the @sign. For example, in the address “@publishers.org” Whois data only reveals the party responsible for the second level domain registration of “publisher”. Whois does not disclose any information regarding further subdomains to the left of the second level domain name or any information to the right of “. org”. Opponents of the Whois database are concerned about privacy, claiming that many individuals provide false information to avoid entering sensitive personal information, such as home telephone numbers and addresses. The bill is narrowly drafted to address these concerns by focusing on only those individuals who “knowingly provide false or misleading information” with the intent to defraud. Accurate publicly accessible information is essential to maintaining a useful Whois database. Many companies and individuals rely on the accuracy of the information provided to Whois to identify and locate parties responsible for operating sites involved in copyright piracy and trademark infringement. If the information is inaccurate it makes it even more difficult for property owners to protect their property on the Internet. The bill would amend Title 18 of the Federal Criminal Code by making it an offense when a person knowingly and with the intent to defraud provides false and misleading domain information to a domain name registrar. A person found guilty of this offense could be fined or imprisoned up to five years. Since the passage of the DMCA, AAP has been actively working with the Internet Corporation for Assigned Names and Numbers (ICANN), to ensure that the Whois database is publicly accessible and has accurate, up-to-date contact information. This bill is on the fast track and could be passed out of the House of Representatives before the Memorial Day recess.

For more information contact:

Gloria Romanelli
Ph: 202-220-4542
Email: gromanelli@publishers.org