Thanks Mary. 

 

Re the annex, because some of the changes you have included in the redline you circulated yesterday are quite substantive,  I paste below the original text of the annex for ready reference. 

 

ANNEX:  some options for resolving disputes arising from alleged false statements leading to improper disclosures

Arbitration:

Any controversy, claim or dispute arising between the Service Provider and the Requestor as a result of alleged wrongful disclosure of Customer’s contact information shall be referred to and finally determined by a dispute-resolution service provider approved by ICANN, in accordance with standards established by ICANN.

Under these standards, disclosure is in bad faith and wrongful only when it is effected by the Requestor having made knowingly false representations to the Provider with the intent to deceive. Disclosure is not wrongful if the Requestor had a good faith basis for seeking disclosure at the time the Request was submitted to the Provider.

Judgment on an award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction over the Requestor.

[Jurisdiction

In making submission, Requester agrees to be bound by jurisdiction at seat of the Service Provider for disputes arising from alleged improper disclosures caused by false statements.]

[“Trusted sender”

Include arbitration or jurisdiction in list of permissible request submission management criteria (under I(B)).]   

 

Looking forward to our call.

 

Steve Metalitz

 

 

From: gnso-ppsai-pdp-wg-bounces@icann.org [mailto:gnso-ppsai-pdp-wg-bounces@icann.org] On Behalf Of Mary Wong
Sent: Monday, March 30, 2015 10:45 AM
To: gnso-ppsai-pdp-wg@icann.org
Subject: [Gnso-ppsai-pdp-wg] Agenda and documents for WG call on 31 March

 

Dear all,

 

The proposed agenda for our call on Tuesday 31 March is as follows:

  1. Roll call/updates to SOI
  2. Discuss Annex to draft Disclosure framework document (see attachment)
  3. Discuss Section III.C of draft Disclosure framework document (see second attachment)
  4. Discuss remaining issues concerning draft Disclosure framework and Category F (if time permits)
  5. 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)

Telephone: +1 603 574 4892