[Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation - a few new words

[Chris Pelling]

Hi Val,

I have a small point to make on "Requestor is unauthorized to act on behalf of the rights holder" how are we as the provider supposed to know that XYZ acts on behalf of Apple inc ?

In my case, I would simply go on the stance, request the confirmation, then once received continue the process.  Also then note in our records XYZ acts on behalf if Apple, and should we not get another request from the requester for another year - get a "refreshing" confirmation.

Chris

----- Original Message -----
From: "Valeriya Sherman" <vsherman at sgrlaw.com>
To: "Graeme Bunton" <gbunton at tucows.com>, gnso-ppsai-pdp-wg at icann.org
Sent: Friday, 10 April, 2015 9:57:18 PM
Subject: Re: [Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation - a few new words







Thank you, Kathy for this language. It is a positive step in the right direction. We would like to propose a slight variation to it: 



d) Where the signatory is not the rights holder, an officer of the rights holder (if a corporate entity) or an attorney of the rights holder, and the Provider has a reasonable basis to believe that the Requestor is unauthorized to act on behalf of the rights holder, the Provider may request, and the Requestor shall provide, sufficient proof of agency. 



Happy to hear others’ thoughts on this. 



Val 








Valeriya Sherman | Attorney at Law 


202-973-2611 phone 
202-263-4326 fax 
www.sgrlaw.com 
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. 


Smith, Gambrell & Russell, LLP 






From: gnso-ppsai-pdp-wg-bounces at icann.org [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Graeme Bunton 
Sent: Friday, April 10, 2015 4:20 PM 
To: gnso-ppsai-pdp-wg at icann.org 
Subject: Re: [Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation - a few new words 



Thanks Kathy, 

Originally, I had concerns about this, similar to what Michele was expressing on the call. 

In talking with our compliance team, it sounds like they have, for a new or unknown requester that's a third party, attempted to verify the relationship between them and the rights holder. 

The below language seems reasonable to me, and I wouldn't think it would generate anything that doesn't already exist. Having it available may even make requests more efficient. 

Graeme 





On 2015-04-10 3:14 PM, Kathy Kleiman wrote: 



Hi Todd and All, 

It sounds like we all agree that the requester must have the rights holders' authorization to make the submit the reveal request, make the infringement allegation and bind the rights holder to the limitations on the revealed data. For rights holders, that agency will be reflected in a document -- an agency agreement (or equivalent). That's all we're asking for -- the ability to see it if there are questions. We circulated some longer language earlier, but have been reviewing it. Building on Val's language, it may now boil down to a few additional words. They are below (in italics) and attached in the Reveal Policy (using the text by Mary for our meeting last Tues): 



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