[Gnso-ppsai-pdp-wg] Revised Reveal Doc

[Susan Kawaguchi]

Hi Kathy, 

I am not comfortable with this language.  I can¹t even imagine asking a
VP, General Partner or Principal to make this request.   I am not an
attorney so it would leave me out of the process completely and I
understand the current process.  This is to limiting and as most companies
do we rely on third parties to assist in the enforcement which doesn¹t
always include attorneys.  But they rely on clear instructions from the
trademark owner to make a claim.  Looking forward to the robust discussion
tomorrow. 

Signatory¹s name and legal relationship to the trademark
owner. Signatories shall be limited to those with ³first-hand² knowledge
of the
alleged infringement: ³Owner² (if trademark owned by individual),
³President,²
³Vice President,² ³General Partner² or ³Principal² (if trademark owned by
legal
entity)  or ³Attorney² with country and
state/provice/region of attorney¹s bar membership (if legal representative
appointed by trademark owner)




Susan Kawaguchi
Domain Name Manager
Facebook Legal Dept.
 
Phone - 650 485-6064






On 3/23/15, 3:08 PM, "Kathy Kleiman" <kathy at kathykleiman.com> wrote:

>Hi Kiran,
>Thank you for your comments. The agency issue worries some of us
>greatly.  By what authority is the "agency" established; what actual
>knowledge of the a) trademark or copyright owner's rights are there, b)
>by what expertise can he/she make an assessment of infringement and c)
>by what right, ability or authority can the signatory bind the trademark
>or copyright owner to the allegations being made.
>
>I should note that the proposed changes follow the DMCA: for a Reveal
>Subpoena, the request must be done by an attorney for the Requester or
>by the Requester himself/herself/itself (in the US we call it "pro se").
>
>Best,
>Kathy
>:
>> Hi Kathy,
>>
>> Thanks for forwarding this to the group, and special thanks for
>>forwarding with enough time to review before the call!
>>
>> We can certainly discuss in more depth on the call tomorrow, but I am
>>not a fan of the changes in Section II.  I'm concerned about the level
>>of minutiae in the language, and I'm wondering how and why that level of
>>micromanagement will be helpful/probative information to the Service
>>Provider.  In very large companies, the trademark
>>owner/president/VP/partner, etc. isn't actually involved directly in the
>>enforcement activity.  It should be enough to demonstrate agency, as the
>>previous language did.
>>
>> Perhaps I will have more later, but I wanted to float that to the group
>>before the call.
>>
>> Thanks,
>>
>> Kiran
>>
>> Kiran Malancharuvil
>> Policy Counselor
>> MarkMonitor
>> 415.222.8318 (t)
>> 415.419.9138 (m)
>> www.markmonitor.com
>>
>>
>>
>> -----Original Message-----
>> From: gnso-ppsai-pdp-wg-bounces at icann.org
>>[mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Kathy Kleiman
>> Sent: Sunday, March 22, 2015 11:19 AM
>> To: gnso-ppsai-pdp-wg at icann.org; Metalitz, Steven; Graeme Bunton
>> Subject: [Gnso-ppsai-pdp-wg] Revised Reveal Doc
>>
>> Hi All,
>> Steve and I talked on Friday, and he asked me to circulate a Revised
>>Reveal document -- which is attached.  This document has three types of
>>changes based on our discussion last Tuesday and subsequent research:
>>
>> 1. To the title (reset pending further discussion) 2. To Section II,
>>the Request Templates to clarify the requester and his/her direct
>>knowledge of the alleged infringement and legal authority to represent
>>the Requester, and 3. Annex (reset to original pending discussion with
>>drafters over the narrow goals and intents of this section)
>>
>> All other edits remain - to continue our excellent discussion of high
>>standards for disclosure, human rights issues, etc. There is also much
>>to discuss regarding follow-up processes (after the Request) including
>> a) when are appeals allowed and for whom, and b) how does a Provider
>>challenge an alleged "wrongful disclosure" of its Customer's information?
>>
>> Best and have a good rest of weekend,
>> Kathy
>
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