[CCWG-ACCT] Recommendation 6 - Human Rights - 1st reading conclusions
Matthew Shears
mshears at cdt.org
Fri Jan 15 18:33:51 UTC 2016
+ 1
On 15/01/2016 17:12, Avri Doria wrote:
> +1
>
> On 15-Jan-16 12:03, Niels ten Oever wrote:
>> Dear co-chairs (an all),
>>
>> I am quite surprised by your proposal to invite members and board to
>> consider option C since WP4 and CCWG achieved consensus on option A,
>> which was reinforced by the independent lawyers advice. I really don't
>> think this work should be disregarded.
>>
>> The ICANN lawyers did not provide examples, case-law or other documents
>> to outline any risk. So even though I am very willing to discuss, I see
>> no reason to only consider option C and I am very surprised that you as
>> co-chairs argue for that option even though consensus was reached
>> earlier on option A. As I said in my previous email, it is not
>> reasonable to consider option C before we agree that we won't proceed
>> with the option A.
>>
>> All the best,
>>
>> Niels
>>
>> On 01/15/2016 05:26 PM, Alice Jansen wrote:
>>> _Sent on behalf of CoChairs _
>>> _
>>> _
>>> Please find below the main conclusions of our deliberations during call
>>> #76. The updated document is attached.
>>>
>>> 1.Agreement to rely on target dates instead of hard deadlines, in line
>>> with general approach agreed for WS2
>>> 2. Discussed comments (including Icann Board, RrSG…) requesting that the
>>> inclusion of human rights language into the bylaws be delayed until the
>>> proposed framework of interpretation was completed or even only be
>>> considered in Work Stream 2.
>>>
>>> a.Independent lawyer input has been provided and concludes : While
>>> the addition of the proposed human rights bylaw provision should not
>>> increase the exposure of ICANN to legal liability, we recognize that
>>> special interest groups and individuals might seek to bring
>>> non-meritorious claims, but the risk of meritless claims is already
>>> a risk that ICANN faces.
>>> b. Board clarified that concern included risk that IRP would
>>> interpret the Bylaw language and create “case law policy” while the
>>> FoI is finalized.
>>> c. Consider Lawyer input suggestion as follows :
>>>
>>> i. “ /expressly limiting the jurisdiction of any internal
>>> dispute resolution systems within ICANN (such as the IRP) to
>>> preclude claims of human rights violations that are not grounded
>>> in a specific violation of an applicable law”./
>>>
>>> 3. Members and Board are invited to consider whether option c) could be
>>> an acceptable way forward
>>>
>>> a. Confirm recommendation bylaw language as part of WS1, despite
>>> concerns expressed
>>> b. Defer bylaw language adoption to WS2, when FoI is finalized
>>>
>>> c. Adopt adjusted bylaw language as part of WS1 to clarify that it
>>> can only be enforced or used in an IRP once the FoI is approved
>>> (Such as : “This articles becomes effective 30 days after approval
>>> of the FoI…”).
>>>
>>>
>>> Second reading is planned for Tuesday, 19 January.
>>>
>>> Best regards
>>>
>>> Mathieu, Thomas, León
>>>
>>>
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>
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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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