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

[John Horton]

Thanks, Mary, and thanks to Kathy for taking the time to propose some
language. I won't be able to join the call today, unfortunately.

I'd object to the addition of the 1.3.3 language (#4 in Mary's/Kathy's
email). I'm not sure that any additional language is necessary at all, and
in any case, I wouldn't view that language as reflecting the balance that I
think the report is seeking to achieve.

Thanks!

John Horton
President, LegitScript



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On Mon, Jan 5, 2015 at 8:58 PM, Mary Wong <mary.wong at icann.org> wrote:

> Hello everyone,
>
> I’m forwarding the suggestions below on behalf of Kathy, who’s 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 “What 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 “In addition, the WG is
> considering the following language for request by intellectual property
> owners or their representatives…” **[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 “reveal” process. An example discussed
> in the WG includes the response by a Customer to a P/P Provider’s notice of
> disclosure of a physical address on trademark or copyright grounds where
> the Customer is actually the “senior” (prior) trademark user or “original”
> 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: “The community is invited to provide input…”
> 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 commenters…
>
> Best,
>
> Kathy
>
>
> _____________________________________________________________________________
>
>
>
> [image: cid:image003.png at 01CB79CE.32383780]
>
> 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 | www.fhhlaw.com |www.commlawblog.com
>
>
>
>
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>
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