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

[Alan Greenberg]

Infringing on Article 5 goes right along with one of the standard 
ICANN methodologies - no good deed shall go unpunished (or so it 
seems at times).

For those who have not done their homework, Article 5 is "No one 
shall be subjected to torture or to cruel, inhuman or degrading 
treatment or punishment."

Alan

At 06/01/2016 08:55 AM, Nigel Roberts wrote:
>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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>>Hash: SHA256
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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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