[CCWG-ACCT] (no subject)

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Fri Jan 15 23:42:00 UTC 2016


Hello Niels,


>>  First of all it would be great if Samantha could produce some examples of caselaw or similar examples, because we have done quite extensive research as well as the Institute for Human Rights and Business and we didn't find any example of the risk that Samantha is referring to.

We don't really have any case law as it relates to the IRP panel's interpretation of our bylaws in this area.

A court will interpret the national law of the relevant country - and I gather from other postings to this list that national law doesn't usually apply to non-government organizations with respect to human rights.    So I am not surprised that there is little case law as it relates to a non-government organization that you could find.    Although laws against slavery etc I would assume apply to the private sector as well as the government sector - so I guess some human rights principles apply to all organizations.      

The point Samantha is making is that for IRP purposes - we should wait until our community has defined how human rights principles applies to protocol parameters, domain names and IP addresses.    The IRP panel is not interpreting national laws - it is interpreting whether we are complaint with our bylaws.  

So my personal view (not a Board view) is that option (c) might be workable.

Regards,
Bruce Tonkin




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