[CCWG-ACCT] DOCUMENT - Rec 6 – Human Rights (first reading)

[León Felipe Sánchez Ambía]

That is my understanding Niels.


Best regards,


León

> El 12/01/2016, a las 12:46 a.m., Niels ten Oever <lists at nielstenoever.net> escribió:
> 
> 
> Firmado parte de PGP
> Thanks for this Thomas.,
> 
> So if I understand you correctly the lawyers said that people _might_
> sue ICANN (not sure on which this is based, did the lawyers substantiate
> this?), but the additon of human rights would not increase the chance
> that they would win the case, am I correct?
> 
> Best,
> 
> Niels
> 
> On 01/12/2016 06:46 AM, Thomas Rickert wrote:
> > Dear Niels, all,
> > While written feedback from our lawyers is pending, they have
> indicated to us that they do not see additional risks. However, it is
> possible that the mere mentioning of HR is perceived as an invitation to
> raise claims against the organization, against which ICANN might need to
> defend itself.
> >
> > We should have our discussion in the light of this scenario.
> >
> > Best,
> > Thomas
> >
> > ---
> > rickert.net <http://rickert.net>
> >
> >
> > Am 11.01.2016 um 22:57 schrieb Niels ten Oever
> <lists at nielstenoever.net <mailto:lists at nielstenoever.net>>:
> >
> >>
> > Dear co-chairs,
> >
> > Thanks a lot for this. Nonetheless there are some issues with the
> document you attached to your email:
> >
> > 0. Did we already hear back from the lawyers on the folllwing questions:
> >
> > [quote]
> > 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.
> >
> > [/quote]
> >
> > If not, I am not sure how useful it is to have this discussion now.
> Unless we're having the discussion on the basis of the premisse that the
> lawyers had already checked the text before we submitted it for comment
> and we thus can conclude that the risks that are implied by the board
> are not realistic.
> >
> > 1. Concerning 2a - Why is the GPI discussion conflated with the human
> rights discussion? I don't think it will help solve either of the issues.
> >
> > 2. Concerning 2b - I think 'defer' is meant here?
> >
> > Looking forward to the discussion in a few hours.
> >
> > Best,
> >
> > Niels
> >
> >
> > On 01/11/2016 05:01 PM, Alice Jansen wrote:
> > > _Sent on behalf of CCWG-ACCT
> >       Co-Chairs_
> >
> >
> >
> >       > In preparation for your R/ecommendation 6 – Human Rights
> >       (first reading)/ discussion scheduled for your call #76 - Tuesday,
> >       12 January 2016 (06:00 – 09:00 UTC) - please find attached the
> >       material to review.
> >
> >       > Please use this email thread to circulate any comments you
> >       may have in advance of the call.
> >
> >
> >
> >       > Thank you
> >
> >
> >
> >       > Mathieu, Thomas, León
> >
> >
> >
> >
> >
> >       > _______________________________________________
> >
> >       > Accountability-Cross-Community mailing list
> >
> >       > Accountability-Cross-Community at icann.org
> >
> >
> >       https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >
> >>
> >> _______________________________________________
> >> Accountability-Cross-Community mailing list
> >> Accountability-Cross-Community at icann.org
> <mailto:Accountability-Cross-Community at icann.org>
> >> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> 
> --
> Niels ten Oever
> Head of Digital
> 
> Article 19
> www.article19.org
> 
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                    678B 08B5 A0F2 636D 68E9
> 
> 
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20160112/5dbf5a5b/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 842 bytes
Desc: Message signed with OpenPGP using GPGMail
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20160112/5dbf5a5b/signature-0001.asc>