Hi Val, I have a small point to make on "Requestor is unauthorized to act on behalf of the rights holder" how are we as the provider supposed to know that XYZ acts on behalf of Apple inc ? In my case, I would simply go on the stance, request the confirmation, then once received continue the process. Also then note in our records XYZ acts on behalf if Apple, and should we not get another request from the requester for another year - get a "refreshing" confirmation. Chris ----- Original Message ----- From: "Valeriya Sherman" <vsherman@sgrlaw.com> To: "Graeme Bunton" <gbunton@tucows.com>, gnso-ppsai-pdp-wg@icann.org Sent: Friday, 10 April, 2015 9:57:18 PM Subject: Re: [Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation - a few new words Thank you, Kathy for this language. It is a positive step in the right direction. We would like to propose a slight variation to it: d) Where the signatory is not the rights holder, an officer of the rights holder (if a corporate entity) or an attorney of the rights holder, and the Provider has a reasonable basis to believe that the Requestor is unauthorized to act on behalf of the rights holder, the Provider may request, and the Requestor shall provide, sufficient proof of agency. Happy to hear others’ thoughts on this. Val Valeriya Sherman | Attorney at Law 202-973-2611 phone 202-263-4326 fax www.sgrlaw.com vsherman@sgrlaw.com 1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007 Ms. Sherman's practice is limited to matters before federal courts and before the United States Patent and Trademark Office. She is not admitted in the District of Columbia. Smith, Gambrell & Russell, LLP From: gnso-ppsai-pdp-wg-bounces@icann.org [mailto:gnso-ppsai-pdp-wg-bounces@icann.org] On Behalf Of Graeme Bunton Sent: Friday, April 10, 2015 4:20 PM To: gnso-ppsai-pdp-wg@icann.org Subject: Re: [Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation - a few new words Thanks Kathy, Originally, I had concerns about this, similar to what Michele was expressing on the call. In talking with our compliance team, it sounds like they have, for a new or unknown requester that's a third party, attempted to verify the relationship between them and the rights holder. The below language seems reasonable to me, and I wouldn't think it would generate anything that doesn't already exist. Having it available may even make requests more efficient. Graeme On 2015-04-10 3:14 PM, Kathy Kleiman wrote: Hi Todd and All, It sounds like we all agree that the requester must have the rights holders' authorization to make the submit the reveal request, make the infringement allegation and bind the rights holder to the limitations on the revealed data. For rights holders, that agency will be reflected in a document -- an agency agreement (or equivalent). That's all we're asking for -- the ability to see it if there are questions. We circulated some longer language earlier, but have been reviewing it. Building on Val's language, it may now boil down to a few additional words. They are below (in italics) and attached in the Reveal Policy (using the text by Mary for our meeting last Tues): ----------------------------------------------- Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. _______________________________________________ Gnso-ppsai-pdp-wg mailing list Gnso-ppsai-pdp-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg