[CCWG-ACCT] (no subject)

Seun Ojedeji seun.ojedeji at gmail.com
Fri Jan 15 19:10:28 UTC 2016


Thanks for the share Matthew and FWIW, I agree with the intent of option c
as it seem to make logical sense even though I don't know how this can be
incorporated in the bylaw (nor the essence writing it into the bylaw now
since the framework is a to-do action). Except that it will perhaps remove
the need to have to go through the process of updating the bylaw when the
FOI becomes ready, but can a bylaw text reference an inexistent document is
a question that a non-legal me wonder.

That said, it will be good to know if board is fine with this.

Regards
On 15 Jan 2016 11:08 a.m., "Mathieu Weill" <mathieu.weill at afnic.fr> wrote:

> Seun, Sam, All,
>
>
>
> « option c » is the following :
>
> “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…”).”
>
>
>
> Best
>
> Mathieu
>
>
>
> *De :* accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] *De la part de* Seun
> Ojedeji
> *Envoyé :* vendredi 15 janvier 2016 06:14
> *À :* Leon Felipe Sanchez Ambia
> *Cc :* ICANN-Adler; Thomas Rickert;
> accountability-cross-community at icann.org; ACCT-Staff (acct-staff at icann.org);
> Sidley ICANN CCWG (sidleyicannccwg at sidley.com)
> *Objet :* Re: [CCWG-ACCT] (no subject)
>
>
>
> Hello Leon,
>
> It may be good to post here what "option c" text looks like. Secondly, I
> believe legal are only to provide legal opinion and I think the question
> you ask may be better directed to the board.
>
> Regards
>
> On 14 Jan 2016 22:09, "León Felipe Sánchez Ambía" <leonfelipe at sanchez.mx>
> wrote:
>
> Hi Sam,
>
>
>
> Thanks for this input. Would you feel comfortable with option c on human
> rights?
>
>
>
>
>
> Best regards,
>
>
>
>
>
> León
>
>
>
> El 14/01/2016, a las 2:22 p.m., Samantha Eisner <Samantha.Eisner at icann.org>
> escribió:
>
>
>
> Thanks for this note.  I provide the following reaction in my role as an
> attorney with ICANN.
>
>
>
> The concern raised by the Board in its comments was not solely focused on
> the issue of increased potential for lawsuits or IRPs.  Rather, the Board
> focused on the *impact* of opening up ICANN to suits or IRPs based on
> human rights issues prior to having the framework for consideration of
> ICANN’s role in respecting human rights.   As Bruce explained on the 12
> January 2015 call, not having a framework leaves either courts or IRP
> panels to determine how human rights fit into ICANN’s mission.  Leaving
> ICANN’s mission open to that type of external definitional work seems
> counter to all the effort of the CCWG-Accountability to confirm ICANN’s
> narrow and limited mission.
>
>
>
> Including undefined commitments to human rights in the Bylaws without the
> framework to guide courts or IRP panels in how they should consider the
> scope of human rights commitments in ICANN, creates a risk for the entire
> community.  CCWG Counsel’s suggestion that IRP usage could be limited, by
> example, through “preclud[ing] claims of human rights violations that are
> not grounded in a specific violation of an applicable law”, still leaves
> the question of what law would be applicable?  How do we know that the laws
> that will be relied upon are respectful of ICANN’s limited mission?
>
>
>
> The question isn’t really “will ICANN be subject to more suits?”  As CCWG
> counsel noted, the potential of suit always exists.  The potential of IRPs
> being brought on human rights grounds is probably increased if there is a
> specific Bylaws mention of human rights.  However, these are not where the
> real risks occur.  The question that should be considered is “Does the
> community wish to leave the definition of ICANN’s role in human rights to
> Courts or IRP panels?".  Also, it is important to note that the Board’s
> comments do not remove the possibility of human rights being referred to in
> the Bylaws, but rather propose that consideration of that placement should
> happen after a framework is completed.
>
>
>
> I look forward to continuing this conversation with the CCWG.
>
>
>
> Best,
>
>
>
> Sam
>
>
>
> *From: *"Gregory, Holly" <holly.gregory at sidley.com>
> *Date: *Wednesday, January 13, 2016 at 4:28 PM
> *To: *Mathieu Weill <mathieu.weill at afnic.fr>, Thomas Rickert <
> thomas at rickert.net>, León Sánchez Ambía <leonfelipe at sanchez.mx>, "
> accountability-cross-community at icann.org" <
> accountability-cross-community at icann.org>
> *Cc: *"ACCT-Staff (acct-staff at icann.org)" <acct-staff at icann.org>, Sidley
> ICANN CCWG <sidleyicannccwg at sidley.com>, ICANN-Adler <
> ICANN at adlercolvin.com>, "'Rosemary E. Fei'" <rfei at adlercolvin.com>,
> Samantha Eisner <samantha.eisner at icann.org>
> *Subject: *<no subject>
>
>
>
>
>
> Dear CCWG Co-Chairs,  Members and Participants and ICANN Staff,
>
> Attached please find our memo responding to the certified question of
> January 11, 2016 regarding litigation risks related to the proposed human
> rights bylaws provisions.  Kind regards, Holly and Rosemary
>
>
>
> *HOLLY  J. GREGORY*
> Partner and Co-Chair
> Global Corporate Governance & Executive Compensation Practice
>
> *Sidley Austin LLP*
> +1 212 839 5853
> holly.gregory at sidley.com
>
>
>
>
>
>
>
>
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