31 March 2015

The next  Privacy & Proxy Services Accreditation Issues PDP WG teleconference is scheduled for Tuesday 31 March 2015 at 1400 UTC (07:00 PDT, 10:00 EDT, 15:00 London, 16:00 CET).

For other times: http://tinyurl.com/ncogojw

Adobe Connect WITH AUDIO enabled: https://icann.adobeconnect.com/ppsai/ 

Agenda:

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

Documents for Review:

Draft Disclosure Text - updated 30 Mar 2015 - REDLINE

Annex 1 original language

MP3 Recording: http://audio.icann.org/gnso/gnso-ppsa-31mar15-en.mp3

Meeting Transcript: http://gnso.icann.org/en/meetings/transcript-ppsai-31mar15-en.pdf

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

 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-details/terms-and-conditions-domain-name-registration

  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