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

[Kathy Kleiman]

Hi Val and All,
Tx you for the the emails of this weekend - and a better insight into 
processes today. Building upon the discussion of Friday and the weekend, 
it seems a good idea to incorporate and reflect the current practice of 
many Providers to validate new/unknown requestors, so I  would like to 
recommend adding a last change to the language to ensure this current 
practice is included (in italics and green below). :

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 /or 
seeks to verify a new or unknown requestor,/ the Provider may request, 
and the Requestor shall provide, sufficient proof of agency.

Best,
Kathy

Val wrote:

:
>
> 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 
> <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
>
> *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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