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

Mon Apr 13 12:57:20 UTC 2015

Hi Kathy,

I am not sure I am found of the direction we are now taking. I trust providers do need to be able to verify that they are not acting carelessly on the request of third parties’ mere assertion. But I also don’t think providers should have any obligation to build a database of “known” or “approved” so-called requestors.

AFAIC Val’s latest proposal was acceptable.

All the best,

Luc

On 13 Apr 2015, at 13:31, Kathy Kleiman <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>> wrote:

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

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From: gnso-ppsai-pdp-wg-bounces at icann.org<mailto: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<mailto: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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