[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
paul.rosenzweig at redbranchconsulting.com
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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
>>
>>
>>
>> _______________________________________________
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>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
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