[Gnso-ppsai-pdp-wg] FW: Edits to Initial Report on the P/P Services Accreditation Issues

[Mary Wong]

Hello everyone,

I¹m forwarding the suggestions below on behalf of Kathy, who¹s having some
problems with her email system. Thanks for getting the ball rolling on our
discussions, Kathy!

Cheers
Mary


> All,
> I would like to submit the following edits to the Executive Summary:
> 1.      1.3.1 (19): a customer should be able to choose his/her/its new P/P
> provider in circumstances where the de-accreditation is known and takes place
> over time.
> 
> 2.      1.3.2 On Escalation of Relay Requests ³What should be the minimum
> mandatory requirements for escalation of relay requests in the event of
> persistent delivery failure **[add] known to the P/P provider** of an
> electronic communication.
> 
> 3.      1.3.2 Following the section on ³In addition, the WG is considering the
> following language for request by intellectual property owners or their
> representativesŠ² **[add] The WG is also trying to determine whether the Data
> Protection laws of countries and other protections (e.g., Free Speech/Freedom
> of Expression) limit the disclosure of such information without a court order.
> There is also a call in the WG for an express time in which the Customer may
> challenge a disclosure request and provide some explanation to the
> Proxy/Privacy Provider that actual intent of the request is illegal,
> fraudulent, harassing, or otherwise a misuse or abuse of the ³reveal² process.
> An example discussed in the WG includes the response by a Customer to a P/P
> Provider¹s notice of disclosure of a physical address on trademark or
> copyright grounds where the Customer is actually the ³senior² (prior)
> trademark user or ³original² copyright owner of the material (thus making the
> request for disclosure of personal/identifiable data from the P/P Provider
> illegitimate). It was also widely agreed that the Customer should have the
> opportunity and right to seek a court order barring disclosure and/or
> publication if his/her/its legal system allows such challenges.
> 
> 4.      1.3.3 After second paragraph, I would like to add a third paragraph
> before the sentence: ³The community is invited to provide inputŠ² and includeè
> Many members of the WG expressed concern that many noncommercial organizations
> engage in small financial transactions closely related to their mission,
> mandate and mission, including the sale of signs, bumper stickers and
> brochures, and that the transactional rule suggestion would inadvertently and
> arbitrarily force a P/P Provider to reveal the location data for minority
> groups, including religious, political, ethnical and sexual orientation,
> potentially resulting in chilling and even more horrific consequences.
> 
>  
> I think the background on all sides will help commentersŠ
> Best,
> Kathy
> _____________________________________________________________________________
>  
> Kathy Kleiman
> Internet Counsel
> 1300 N. 17th Street, Suite 1100 | Arlington, VA 22209
> Tel: 703.812.0476 | Mobile: 703.371.6846
> * kleiman at fhhlaw.com <mailto:kleiman at fhhlaw.com>  | www.fhhlaw.com
> <http://www.fhhlaw.com/>  |www.commlawblog.com <http://www.commlawblog.com/>
>  


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