[CCWG-ACCT] Notes-Recordings-Transcript links for WP4 Meeting | 2 November

[Brenda Brewer]

Hello all,

 

The notes, recordings and transcripts for the WP-4 meeting on 2 November will be available here:
https://community.icann.org/x/mrNYAw

 

A copy of the notes may be found below.

 

Thank you.

 

Kind regards,

Brenda

 


Action Item


ACTION ITEM - Greg Shatan to add sentence that would address interpretation sentence.

ACTION ITEM - Niels and Greg to finalize and freeze document by 21:00 UTC so that it may be sent out
to the CCWG.

ACTION ITEM - David to provide Niels, Tatiana and Greg with suggested text.


Notes


These high-level notes are designed to help you navigate through content 
of the call and do not substitute in any way the transcript.

 

See  <https://docs.google.com/document/d/1bm0NnIq35j3-EwmBwKEjSOJia-c10wv0mhHytngTDiM/edit>
https://docs.google.com/document/d/1bm0NnIq35j3-EwmBwKEjSOJia-c10wv0mhHytngTDiM/edit 

On public comments paragraph. Should we be recommending changes to our approach? 

Feedback:

- Build on WP4 fruitful discussions. Add this text to the document to show that we are transparent
and document our conclusions as well as thinking. 

Conclusion: 

- Remove two highlighted paragraphs (consider level of support & Need for More Detail) and replace
with statement that we have addressed public comment concerns. 

- Remove paragraph on drafting alternative formulations

We need to consider what our actual Bylaw suggestion would look like. 

"Within its mission and in its operations, ICANN will respect internationally recognized human
rights" was winner but minority of comments approved it. More comments rejected this version of
Bylaw. 

Feedback:

- Number of people who opposed the text was not that large but some called for more details. In
Dublin - James Bladel asked for refinement. His concerns were addressed in text of analysis.
Analysis added to transitonal Bylaw should address concerns. 

- Only one party raised these concerns which refer to "operations". This is largely addressed
through rationale and explanatory note as well as transitional Bylaw. 

How do we refine "Within its mission and in its operations, ICANN will respect internationally
recognized human rights"? (per Dublin action item)

Feedback:

- Transitional Bylaw should give comfort that there won't be unintended consequences. 

- In Dublin there was no closure on references to add. Transitional Bylaw would put text on hold
until document on human rights is enforced. Refinement could be seen as transitional Bylaw. 

- Board concern is that it should not extend ICANN's mission and responsibilities i.e. not involve
content. We need language that limits the mission and operations. There is need to build firewall
around it. Board is committed to including language but some concerns remain. Concerns that there
may not be enough time to address issues. We need careful analysis of implications. Any provision in
Bylaw should include a reference to international human rights (UDHR) while clarifying that mission
limited to protocol parameters etc. 

- Agree that need for firewall. It is placed in two places: 1) Bylaw text within its mission and
operations; 2) Transitional Bylaw: in Work Stream 2 or any charter CCWG - commitment to work on
development. First bylaw will not become active until second step is done. It will be a firm
commitment that this will happen and will give us time to study and elaborate on framework. 

--> We should come back to group with refinement with note that we refine mission to narrow
technical. Clarification of meaning would be made through work of WS2. 

- Respect for human rights, not protection. It's a difference in level of commitment/enforcement. 

- Suggestion to have a hard stop for Bylaw to become effective with or without framework of
interpretation.

- Caution against deadline. Human Rights is a complex. In addition we should not minimize Work
Stream 2. 

- We should think of enforcement of process. Explanatory note or transitional bylaw should include
Bylaw language assessed as part of WS1. 

- Consider solution where come back to group with addition to Bylaw text: "this is simply a
statement of respect and not protection - i.e no enforcement". This would be instead of transitional
Bylaw. 

- Concerns that above suggestion may not survive public comment period. We need to assure community.


- Consider keeping transitional Bylaw that would ensure WS2 work. 

- Concern that it would be opening to freedom of interpretation. Continuing need for transitional
Bylaw and framework of interpretation. 

- We need transitional Bylaw - it should be explicitly stated group will be established for
implementation.

- Commitment would be given shape in WS2. If we commit to human rights we need to understand what
that means. 

- Develop a framework of interpretation for the Bylaw. It would need to take place in PDP/non PDP
working groups. Idea was to create a relatively succinct guide or framework for what is meant as
fundamental. Is it about internal operations or policy or does it dictate what third parties do? 

WRAP-UP/ CONCLUSION -

Call for objections on David's suggested text: 1 objection (contingent about what we do with
transitional Bylaw) 

Do we support having transitional Bylaw that supports that WS2 work will be carried out? 

It would not delay enactement of Bylaw on human rights.

--> Concerns that it will be interpreted as see fit. 

- On transitional Bylaw - agreement with part 1

ACTION ITEM - Greg Shatan to add sentence that would address interpretation sentence. 

ACTION ITEM - Niels and Greg to finalize and freeze document by 21:00 UTC so that it may be sent out
to the CCWG. 

ACTION ITEM - David to provide Niels, Tatiana and Greg with suggested text. 

David Mc Auley's proposal is supported subject to refinements Greg and Niels will make. 

 

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