http://com- notes.house.gov/cchear/hearings106.nsf/eeae8466ba03a215852567 7f004b4d11/bcf8be32bd730c4f852567bd00735a56?OpenDocument Dear Mr. Rutt: I am writing to learn more about actions by Network Solutions Incorporated ("NSI") to introduce a new Internet directory. This new directory -- called the "dot com directory" -- apparently utilizes data that NSI has collected pursuant to its Cooperative Agreement with the U.S. government. NSI possessed exclusive authority to collect this data until June 1999, when competitive registrars began offering domain name registration services. As you may know, officials from your company have briefed Committee staff several times about NSI's proprietary claims to the underlying data that NSI apparently has decided to use in the dot com directory. During these meetings, Committee staff indicated that the Committee likely would request written responses related to the subjects discussed during the briefings. In light of NSI's introduction of this new directory, and the emerging competition for domain name registration services, the Committee wants to learn more about the effect your company's actions may have on an open and competitive domain name marketplace and the potential consumer confusion that could result from such actions. Accordingly, in order to assist the Committee in its review of this matter, please provide the following information to the Committee by August 10, 1999: 1. During your testimony last week before the Subcommittee on Oversight and Investigations, you indicated that NSI is claiming a proprietary right to the data in the WHOIS database, which apparently is the same data that will be used in the dot com directory. Regarding NSI's proprietary claims to this data: a. Please identify all individual and aggregate data elements to which NSI is claiming a proprietary right; b. For each data element identified in response to request 1.a., provide a detailed explanation of the legal analysis under which NSI is claiming a proprietary right to the data element in question. All legal analyses should identify the nature of the proprietary right being claimed, such as trade secret or copyright, and whether the proprietary right being claimed is exclusive or non-exclusive ... 3. Please answer the following questions: a. Did the subject of proprietary rights in the WHOIS database arise during negotiations between the Department of Commerce and NSI regarding Amendment 11 to the Cooperative Agreement? i. If the subject did arise, please describe what action, if any, the Department of Commerce took at the time the subject came up. ii. Please provide all records of communications between the Department of Commerce and NSI relating to the action described in response to request 3.a.i. b. When did NSI first inform the Department of Commerce that it was contemplating asserting proprietary rights to the data in the WHOIS database? i. Please describe what action, if any, the Department of Commerce took at the time it received this information from NSI. ii. Please provide all records of communications between the Department of Commerce and NSI related to the action described in response to request 3.b.i. c. When did NSI first inform the Department of Commerce that it was contemplating the use of the data in the WHOIS database to create the dot com directory? i. Please describe what action, if any, the Department of Commerce took at the time it received this information from NSI. ii. Please provide all records of communications between the Department of Commerce and NSI related to the action described in response to request 3.c.i. ...
