I’m quite certain we have not come to any consensus
or agreement regarding the proposed changes related to the type
of signatory required. As such it would be premature to make
updates to the draft...
* PGP - S/MIME Signed by an unverified key: 03/30/2015
at 10:28:31 AM
Thanks, Kathy – just to clarify that
it wasn’t clear to us (staff) that the list
discussions resulted in agreement to change the
type of signatory, from someone who has to
describe the “nature of his/her authority to
speak for the TM (or copyright) owner”, with two
illustrative examples (i.e. the authorization
can be to a licensed attorney or a corporate
officer), to a more limited class consisting
either of the rights-holder, legal counsel or a
corporate officer. It seemed to us that
questions still remained over issues such as
parity and the need to have the request
originate from someone who has performed a legal
analysis of the alleged infringement. I
apologize if that is not the case, and am happy
to change the draft as suggested for the call
tomorrow.
Cheers
Mary
Mary
Wong
Senior
Policy Director
Internet
Corporation for Assigned Names & Numbers
(ICANN)
Hi
Mary and All,
I would like to point out that the discussion
in Request Templates has moved a past the
current draft language in II.C.6. -- and the
current language still leaves room for someone
to be a secretary, clerk or computer. The
language being proposed last week is/was "authorized legal representative" --
meaning counsel or attorney working for the
company or as outside counsel.
It would of course be appropriate, for
those businesses too small to have counsel to
have the language (that is newly included), "or corporate officer with signing
authority if trademark is owned by a legal
entity."
So the proposed language as we
were discussing it last week should be:
c)
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).
Ditto for the copyrights. Now we have someone we can trust
to submit the Reveal Request - and someone we
can trust with the personal and sensitive data
when it is Revealed - a proper authority for
accountability!
Best,
Kathy
On 3/30/2015
10:45 AM, Mary Wong wrote:
Dear all,
The proposed agenda for
our call on Tuesday 31 March is as
follows:
Roll call/updates to SOI
Discuss Annex to draft
Disclosure framework document (see
attachment)
Discuss Section III.C of
draft Disclosure framework document
(see second attachment)
Discuss remaining issues
concerning draft Disclosure
framework and Category F (if time
permits)
Next steps/next meeting
Please note that for ease
of review, the Annex has been saved –
and is being circulated as – a
separate document. In this version,
staff has attempted to rephrase
(without changing the meaning or
substance) of some of the language
that appeared as shorter-form text in
the original draft framework. We have
also inserted two comments/questions
for consideration by the WG.
Please note also that, in
respect of the draft Disclosure
framework document, this version
accepts most of the changes
discussed/proposed at the last few
meeting, with the exception, mainly,
of the following:
The details
to be disclosed about the identity
of the Requestor, including who
can be a Signatory: this
version includes the recent changes
from 16 & 22 March proposed by
Kathy, with the exception that an
option to replace the specific
senior titles for a Signatory with
the concept of an authorized
corporate officer is offered.
The grounds
for refusal to disclose in III.C:
this version incorporates
suggestions from the last WG call
and adds the language suggested by
Todd Williams to III.C.5.
Thanks and cheers
Mary
Mary Wong
Senior Policy
Director
Internet
Corporation for Assigned Names
& Numbers (ICANN)
* PGP - S/MIME Signed by an unverified key: 03/30/2015 at
10:28:31 AM
* text/plain body
* text/html body
* Mary Wong <mary.wong@icann.org>
* Issuer: DigiCert Inc - Unverified
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