[Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation

Kathy Kleiman kathy at kathykleiman.com
Tue Apr 7 13:18:42 UTC 2015

Tx Val,
Many of us think adding the statement you have drafted below would be 
very useful.  Tx you! But still it does not get its hand around our full 
concer. What we seek is not the self-declaration of the Consultant, but 
the clear delegation of the Trademark/Copyright Owner (e.g., Procter and 
Gamble). Where is the authorization?

James Gannon, our newest member, has been working on some language that 
is perhaps a little long, and I am sure we can consolidate, but creates 
a "Letter of Delegation of Authority for Reveal Requests" that shows 
clearly that the Trademark/Copyright Owner at the senior levels intended 
to delegate the authority for the legal judgments of infringements being 
made, and the limitations on the use of the revealed data being 
committed to. Provided to the Provider and, if necessary, the Customer.

Here's the language. Best, Kathy

In order to find a compromise between both sides of the aisle here I 
suggest the following possible solution:

Policy Principle: Entities who issue requests pursuant to the Policy 
must ensure they have the delegated authority to do so. Where an entity 
requests a reveal of records and does not have the written authority to 
do so, the entity is deemed to be in non-compliance with the policy.

Detailed Policy Language for Principle:

The sitting corporate officers or general counsel of the requester 
organization issues aLetter of Delegation ofAuthorityfor Reveal Requests 
to be held directly by anyone to whom the Reveal Request authority is 
delegated. This letter is separate to the general delegation of agency 
to work on the holders behalf. This letter would be specifically 
delegating the authority to issue Reveal Requests to P/P Service Providers.

The letterwouldinclude the following provisions:

- Confirming and warranting the authorization of the delegator to 
appoint a delegate as an sitting Officer or General Counsel of the 
company or entity in question.

- Specifying the nature of the delegation and the subject to whom the 
delegation is being given.

- For each individual that the delegation of authority applies, a letter 
so delegating that authority to the individual, by name, will be 
prepared.This letter will specify that the delegation is specific to the 
process for requesting reveals of personal and potentially private and 
sensitive information of individuals, organizations and companies.

- Affirming the authority and expertise of the delegated party to render 
legal judgements on trademark and copyright infringements.

- Clearly and directly affirming the commitment of the delegating 
organization or company to be bound by the limits of the use of the 
Revealed Data as set out in the ICANN policy now and as it might be 
modified in the future, and consistent with the laws of the jurisdiction 
in which the Proxy/Privacy Service Provider is incorporated.

- Delegating Organization or Company expressly agrees to be answerable 
for any challenges that arise by virtue of the Delegatee's actions in 
preparing and responding to Reveal Requests, and the Delegatee's 
handling of the Revealed Data, and agrees to be bound to challenge, 
review and/or lawsuit in any jurisdiction in which the Delegatee has 
agreed to be bound.

- Delegating Organization or Company consents Provide a copy of this 
Letter of Delegated Authority for Reveal Requests as a part of the 
Reveal Request process and as requested by the Proxy/Privacy Service 



> Dear all:
> Following up on our productive discussion earlier this week, we’d like 
> to offer a suggestion to modify the “attestation” provisions 
> (II.A.6.c; II.B.7.d; and II.C.6.c) to require a statement by the 
> requestor specifying his/her authority for making the request, or 
> basis for agency if he or she is not the rights holder. For example: 
> “Where the signatory is not the rights holder, he/she must attest that 
> he/she is an authorized representative of the rights holder, capable 
> and qualified to evaluate and address the matters involved in this 
> request, and having the authority to make the representations and 
> claims on behalf of the rights holder in the request.”
> We could even spell out the statement for the signatory to make in 
> conjunction with each request : “I attest that I am the rights holder 
> / authorized representative of the rights holder, capable and 
> qualified to evaluate and address the matters involved in this 
> request, and have the authority to make the representations and claims 
> in this request.”
> These statements of authority and agency are to be made in good faith, 
> under the penalty of perjury – just like representations forming the 
> basis for the request and the requestor’s promise to use the data 
> disclosed only for limited enumerated purposes – and the falsity of 
> these statements would be redressable by the method(s) we agree on.
> We believe this approach fairly balances the considerations expressed 
> by various WG members and look forward to your thoughts.
> Best,
> Val
> Valeriya  Sherman 
> <http://www.sgrlaw.com/attorneys/profiles/sherman-valeriya/> |Attorney 
> at Law
> 202-973-2611 /phone/
> 202-263-4326 /fax/
> /www.sgrlaw.com <http://www.sgrlaw.com>
> vsherman at sgrlaw.com <mailto:vsherman at sgrlaw.com>/
> //
> 1055 Thomas Jefferson Street, N.W.
> Suite 400
> Washington, D.C. 20007
> /Ms. Sherman's practice is limited to matters before federal courts 
> and before the United States Patent and Trademark Office.
> She is not admitted in the District of Columbia./
> <http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP
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