[Gnso-ppsai-pdp-wg] Section III-C-(5)

Thu Apr 16 22:34:44 UTC 2015

Very helpful Todd, thanks!

I don't see any problem with this.

Kiran Malancharuvil
Internet Policy Counselor
MarkMonitor
415-419-9138 (m)

Sent from my mobile, please excuse any typos.

On Apr 16, 2015, at 3:06 PM, Williams, Todd <Todd.Williams at turner.com<mailto:Todd.Williams at turner.com>> wrote:

All:

For ease of comparison, below is the original III(C)(5) language that I proposed, with the changes in the new proposal highlighted.  Thanks.

·         Original: that the Customer has provided, or the Provider has found, specific evidence demonstrating that the Requestor’s trademark or copyright complaint is a pretextual means of obtaining the Customer’s contact details for the purpose of contravening the Customer’s human rights.

·         New: that the Customer has provided, or the Provider has found, specific information, facts, and/or circumstances showing that the Requestor’s trademark or copyright complaint is a pretextual means of obtaining the Customer’s contact details for some other purpose unrelated to addressing the alleged infringement.

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 Williams, Todd
Sent: Wednesday, April 15, 2015 4:49 PM
To: Stephanie Perrin; gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
Subject: Re: [Gnso-ppsai-pdp-wg] Section III-C-(5)

All:

As the original drafter of the III(C)(5) language that we’re debating, I’m concerned that we’ve moved far away from the original purpose behind the language.  So with that, and in the hopes of bridging the divide that has sprung up as to whether the final term at the end of the clause should be “human rights,” or “privacy rights,” or “privacy”, or “PII” – what if we instead went with:

(5) that the Customer has provided, or the Provider has found, specific information, facts, and/or circumstances showing that the Requestor’s trademark or copyright complaint is a pretextual means of obtaining the Customer’s contact details for some other purpose unrelated to addressing the alleged infringement.

Again, that gets to what III(C)(5) is really meant to address: the edge-case examples that Kathy and others have put forward of a Requestor submitting a pretextual complaint in order to get information about a battered women’s shelter, minority religious group, anti-gang advocacy group, etc.  Yet it also addresses the concerns that Volker and others have raised about including the term “human rights.”

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 Stephanie Perrin
Sent: Tuesday, April 14, 2015 12:17 PM
To: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
Subject: Re: [Gnso-ppsai-pdp-wg] Section III-C-(5)

PII and this definition relates to individuals.  If the proxy registration is for a battered women's shelter, the address and phone number do not relate to an individual or at least do not lead to the identification of an individual.  I think using PII (which is different from PI, and not what is usually found in data protection law) leads us into waters that we dont need to enter.  We must remember that proxy services are used for groups, even companies.
Stephanie P
On 2015-04-14 12:03, Kiran Malancharuvil wrote:
Hi Kathy,

How does Terri’s language exclude those groups?

Thanks,

Kiran

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 Kathy Kleiman
Sent: Tuesday, April 14, 2015 9:01 AM
To: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
Subject: Re: [Gnso-ppsai-pdp-wg] Section III-C-(5)

Terry,
I much prefer the original language since we are also working with the privacy and speech protections also of political groups, battered women's shelters, minority religious groups, Mom- and home-based small businesses, etc. -- the wide array of legitimate groups, organizations and businesses that use proxy/privacy providers.
Best,
Kathy

:
Perhaps I am over-simplifying, but since agreement has not been reached on the current language, and III-C-(3) actually gives the provider quite a bit of lee-way to decide against disclosure, I propose the following:

the Provider has found, specific information, facts and/or circumstances that reveal the Requestor's trademark or copyright complaint is a pretextual means of obtaining the Customer's contact details solely for the purpose of contravening the Customer's personally identifiable information.
1.      Personally identifiable information (PII) is any data that could potentially identify a specific individual. Any information that can be used to distinguish one person from another and can be used for de-anonymizing anonymous data can be considered PII.

--
Terri Stumme
Intellligence Analyst

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