[CCWG-ACCT] Recommendation 6 - Human Rights - 1st reading conclusions

Paul Rosenzweig paul.rosenzweig at redbranchconsulting.com
Fri Jan 15 20:29:16 UTC 2016


+1.  The CCWG-A process has to mean, at a minimum, that a consensus view of
the group that our lawyers say is legal should be adopted.

Paul

Paul Rosenzweig
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-----Original Message-----
From: Avri Doria [mailto:avri at acm.org] 
Sent: Friday, January 15, 2016 12:12 PM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Recommendation 6 - Human Rights - 1st reading
conclusions

+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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