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

[Matthew Shears]

Also support this language suggestion.

On 07/01/2016 07:49, Jorge.Cancio at bakom.admin.ch wrote:
> Sounds like a reasonable specification
>
> Regards
>
> Jorge
>
> -----Ursprüngliche Nachricht-----
> Von: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] Im Auftrag von Niels ten Oever
> Gesendet: Mittwoch, 6. Januar 2016 14:42
> An: accountability-cross-community at icann.org
> Betreff: Re: [CCWG-ACCT] draft language for certification to lawyers on HR question
>
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> 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 languag
> e:
>
> ***
>
> 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
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>>
>>
> - --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987


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