[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
Provider.
---
:
> 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
>
>
> ------------------------------------------------------------------------
> Confidentiality Notice
> This message is being sent by or on behalf of a lawyer. It is intended
> exclusively for the individual or entity to which it is addressed.
> This communication may contain information that is proprietary,
> privileged or confidential or otherwise legally exempt from
> disclosure. If you are not the named addressee, you are not authorized
> to read, print, retain, copy or disseminate this message or any part
> of it. If you have received this message in error, please notify the
> sender immediately by e-mail and delete all copies of the message.
>
>
> _______________________________________________
> Gnso-ppsai-pdp-wg mailing list
> Gnso-ppsai-pdp-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/attachments/20150407/6333b249/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 19424 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/attachments/20150407/6333b249/attachment-0001.jpe>
More information about the Gnso-ppsai-pdp-wg
mailing list