[CCWG-ACCT] draft language for certification to lawyers on HR question

[Nigel Roberts]

I'd still like to know which Human Rights ICANN is thinking of infringing?

The more the CCWG drags on, the more I looking at Art. 5 UDHR . .



On 06/01/16 13:51, Niels ten Oever wrote:
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> If you would permit me, I have a small process question:
>
> The proposed text on human rights in the CCWG report has already been
> reviewed by lawyers (at the time it was prepared by WP4). Were these
> the same lawyers that will answer the proposed question underneath? If
> so, have they not checked for these risks the last time? If so, this
> could save us some time.
>
> Best,
>
> Niels
>
> On 01/06/2016 02:41 PM, Niels ten Oever wrote:
>> Hi all,
>>
>> I would like to thank the co-chairs for their suggestion at the end
>> of yesterdays call. Please allow me to make some suggestions to the
>> language:
>>
>>
>> ***
>>
>> In their comment to the 3rd CCWG draft report the ICANN Board has
>> raised concerns that the proposed inclusion of language in the
>> bylaws with respect to human rights might lead to an increased risk
>> of ICANN being exposed to legal claims or even law suits.
>>
>> We would appreciate if you could provide us with a brief
>> assessment whether the inclusion of these bylaws would increase the
>> risk of ICANN being exposed to legal claims or even law suits vis a
>> vis the current situation (taking into account the existing
>> obligations under article 4 of ICANNs articles of incorporation),
>> and if so, how such risk could be mitigated.
>>
>> ***
>>
>> Best,
>>
>> Niels
>>
>>
>>
>> On 01/06/2016 02:13 PM, Thomas Rickert wrote:
>>> All, as discussed during yesterday’s CCWG call, please find
>>> below the draft certification language to be sent to the lawyers
>>> with respect to the human rights recommendation and the Board’s
>>> concerns about legal risks. I plan to certify at 14.00 UTC
>>> tomorrow.
>>
>>> *** The ICANN Board has raised concerns that the proposed
>>> inclusion of language in the bylaws with respect to human rights
>>> might lead to an increased risk of ICANN being exposed to legal
>>> claims or even law suits.
>>
>>> We would appreciate if you could provide us with a brief
>>> assessment and suggestions on how such risk can be mitigated. It
>>> is our understanding that human rights have been indirectly
>>> referred to in ICANN's bylaws already, so please also indicate
>>> whether (according to your assessment) the language that shall be
>>> added to the bylaws according to our 3rd report is establishing a
>>> new risk or an increased risk, if any. ***
>>
>>> Kind regards, Thomas Rickert
>>
>>
>>
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>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>>>
>>
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>>
> - --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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