Dear all, Following on the last call, staff thought it might be helpful to compile a sample of ccTLD procedures for dealing with third party requests for registrant information and contact details (recognizing, of course, that ccTLD policies differ in significant ways from those that apply to gTLDs). Attached is a document summarizing the practices in .au, .be, .ca, .de, .eu, .fr and .uk, based on information published by the respective central registries on their websites. We hope this is of some assistance in the WG¹s continuing discussions on disclosure requests. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong@icann.org -----Original Message----- From: Kiran Malancharuvil <Kiran.Malancharuvil@markmonitor.com> Date: Friday, April 3, 2015 at 09:59 To: Kathy Kleiman <kathy@kathykleiman.com> Cc: "gnso-ppsai-pdp-wg@icann.org" <gnso-ppsai-pdp-wg@icann.org> Subject: Re: [Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation

The agency relationship effectively binds the parties to each other's representations.

K

Kiran Malancharuvil Internet Policy Counselor MarkMonitor 415-419-9138 (m)

Sent from my mobile, please excuse any typos.

On Apr 3, 2015, at 6:58 AM, Kathy Kleiman <kathy@kathykleiman.com<mailto:kathy@kathykleiman.com>> wrote:

"I have the authority to make the representations and claims in this request" is useful, but how does a consultant bind Procter & Gamble to the limitations on the use of the revealed data?

Best, Kathy : Dear all:

Following up on our productive discussion earlier this week, we¹d like to offer a suggestion to modify the ³attestation² provisions (II.A.6.c; II.B.7.d; and II.C.6.c) to require a statement by the requestor specifying his/her authority for making the request, or basis for agency if he or she is not the rights holder. For example: ³Where the signatory is not the rights holder, he/she must attest that he/she is an authorized representative of the rights holder, capable and qualified to evaluate and address the matters involved in this request, and having the authority to make the representations and claims on behalf of the rights holder in the request.²

We could even spell out the statement for the signatory to make in conjunction with each request : ³I attest that I am the rights holder / authorized representative of the rights holder, capable and qualified to evaluate and address the matters involved in this request, and have the authority to make the representations and claims in this request.²

These statements of authority and agency are to be made in good faith, under the penalty of perjury ­ just like representations forming the basis for the request and the requestor¹s promise to use the data disclosed only for limited enumerated purposes ­ and the falsity of these statements would be redressable by the method(s) we agree on.

We believe this approach fairly balances the considerations expressed by various WG members and look forward to your thoughts.

Best, Val

Valeriya Sherman<http://www.sgrlaw.com/attorneys/profiles/sherman-valeriya/> | Attorney at Law

202-973-2611 phone 202-263-4326 fax www.sgrlaw.com<http://www.sgrlaw.com> vsherman@sgrlaw.com<mailto: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.

<mime-attachment.jpg><http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP

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