Dear All, Please find the MP3 recording for the Privacy and Proxy Services Accreditation Issues PDP Working group call held on Tuesday 31 March 2015 at 14:00 UTC at: http://audio.icann.org/gnso/gnso-ppsa-31mar15-en.mp3 On page: http://gnso.icann.org/en/group-activities/calendar#m<http://gnso.icann.org/en/group-activities/calendar#mar>ar<http://gnso.icann.org/en/group-activities/calendar#mar> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/calendar/ Attendees: Frank Michlick - Individual Justin Macy - BC Val Sherman - IPC Griffin Barnett - IPC Kathy Kleiman - NCSG Darcy Southwell - RrSG Todd Williams - IPC Steve Metalitz - IPC Graeme Bunton - RrSG Jim Bikoff - IPC Kiran Malancharuvil - IPC Volker Greimann - RrSG Alex Deacon -IPC Sarah Wyld - RrSG Stephanie Perrin - NCSG Phil Corwin - BC Luc Seufer - RrSG Chris Pelling - RrSG Paul McGrady - IPC Carlton Samuels - ALAC Richard Leaning - no soi James Bladel - RrSG James Gannon - NCUC David Cake - NCSG David Hughes - IPC Tatiana Khramtsova - RrSG Terri Stumme - BC Apologies : Don Blumenthal - RySG Lindsay Hamilton-Reid - RrSG Holly Raiche - ALAC Vicky Sheckler - IPC Susan Kawaguchi - BC ICANN staff: Mary Wong Marika Konings Amy Bivins Terri Agnew ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/ Wiki page: https://community.icann.org/x/9iCfAg Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for Tuesday 31 March 2015 Terri Agnew:Welcome to the PPSAI WG Meeting of 31 March 2015 Graeme Bunton:Grabbing a tea, brb James Gannon [GNSO-NCSG]:Afternoon everyoner Graeme Bunton:James, welcome to the group. James Gannon [GNSO-NCSG]:Thanks Graeme. James Bladel - GNSO:Wow, sounds like I need to catch up on the list I guess. :) Luc Seufer:Yeah let's stop the lawyering! Graeme Bunton:Sensible advice, thanks Steve Luc Seufer:You golden tongues Terri Agnew:the following have joined: Jim Bikoff, Luc Seufer and Kiran Malancharuvil James Gannon [GNSO-NCSG]:Thanks Steve for the welcome. I have no conflicts with regards to this WG. Terri Agnew:David Cake has joined Kathy:Standard of evaluation is also an open issue, Steve Terri Agnew:Frank Michlick has joined Kathy:Authority and accountability Terri Agnew:Chris Pelling has joined Chris Pelling:apologies for my tardiness Chris Pelling:BST threw me :p Kathy:sure - as long as III.C.5 is still on our agenda... Terri Agnew:Phil Corwin and Carlton Samuels has joined Carlton Samuels:Morning all steve metalitz:"Given the importance of these interests, and given the nature of the balance that this policy strikes, evidence of the use of automation (i.e., the absence of human review) by any of the parties involved (Requestors, Service Providers, or Customers) to complete any of the steps in the processes outlined below shall create a rebuttable presumption of non-compliance with this policy." James Bladel - GNSO:You can tell who is using the Adobe audio feature. Interventions start with "Can you hear me?" James Gannon [GNSO-NCSG]:=) Terri Agnew:David Hughes has joined Kathy:II.A.6 Signed by the trademark owner (where an individual), the authorized legal representative and counsel of the trademark owner (e.g. licensed attorney handling the alleged infringement), or corporate officer with signing authority (if trademark is owned by a legal entity). Carlton Samuels:@Volker on providing actionable information +1 Carlton Samuels:It is about trust Marika Konings:Out of curiosity, does anyone know if there are ccTLDs that put similar requirements on requestors? Maybe there are some examples the WG could look at to see how this is dealt with in other environments? Marika Konings:Especially those that are in environments with stricter privacy laws such as Europe? Stephanie Perrin:+1 we are talking about the authority that the requestor brings to the action.... Mary Wong:@Kathy, "and counsel" would limit that category to lawyers advising the TM owner, not any other authorized representative, yes? Stephanie Perrin:(I meant +1 to James Mary Wong:So, e.g., to go back to Susan Kawaguchi's example, she would not be able to sign on behalf of FB? Kathy:@Mary - the attorneys can certainly sign off on the letter but not draft them Kathy:... but this creates authority, accountability and enforceability Mary Wong:@Kathy, so any request where a TM is owned by a corporation must then be signed by inhouse or external counsel, if a corporate officer with signing authority is not available? Just clarifying, thanks Mary Wong:@Val, that's what the current draft tries to say, but we can amend it to reflect your specific suggestion. Mary Wong:Thanks for clarifying, Steve - we will make the fact that these are options clearer. Stephanie Perrin:I just checked my 20 dollar bills....still signed by the deputy governor of the Bank of Canada....I doubt he signs each one. The other important thing is to know the jurisdiction the person is acting from.....if we release personal data to a jurisdiction where there is no privacy protection, and the agent is not closely bound in legal liability to the trademark holder, what recourse do we have? Terri Agnew:Tatiana Khramtsova has joined Kathy:I think Todd responded to it well Volker Greimann:"specific evidence demonstrating" -> "sufficient information to assume" James Bladel - GNSO:My concern is specific to the term "Human Rights." We could simply replace it with "protected legal rights" or something simliar. Mary Wong:On III.C(5) - referrring back to Marika's earlier question in the chat; does anyone know how ccTLDs in more privacy-protected jurisdictions handle these requests? Stephanie Perrin:I can elaborate on that example if you like Mary Wong:Looking, eg. at Nominet it seems quite general: http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-detail... Mary Wong:We can gather a few examples, perhaps from CIRA and a few European ccTLDs. Stephanie Perrin:The problem being that if, for instance, I am running an anonymous blog on the evils of the religious group I just fled, releasing my new name links me to the old identity. Kathy:@James, but human rights encapsulates the "complex case" issues we were talking about (for so long!) Kathy:@Steve - lang "facts and circumstances" is good language Kathy:@Mary - to earlier question, yes, attorneys should supervise and sign off - because ultimately someone with high accountability needs to be responsible for the personal data being revealed Kathy:... and keep the obligations limiting use of that data Kathy:@Steve: request for reinclusion of earlier Human Rights Discussion] Mary Wong:@Kathy - noted. We can re-insert from the last version Volker Greimann:on mail people seem more court than in person Paul McGrady:Thanks Steve! Thanks all! Graeme Bunton:Thanks Steve Alex Deacon:Thank you Steve.... Darcy Southwell:Thanks. James Bladel - GNSO:Thanks. David Cake:thanks all