[CCWG-ACCT] ICANN Board comments on Recommendation 6

Alan Greenberg alan.greenberg at mcgill.ca
Wed Jan 27 05:33:57 UTC 2016


I pointed out during the meeting that the wording 
incorrectly just required the FoI to be 
developed, and that it of course needed to be 
ratified by the Board before it comes into 
effect. Presumably after the chartering 
organizations have approved its being forwarded to the Board.

I'm not sure we want to specify "precisely" the 
same rules. The CCWG was chartered by five AC/SOs 
in late 2014 and belatedly by the SSAC in 
mid-2015. It is unclear which AC/SOs would choose 
to charter a new CCWG on this subject. But it is 
reasonable to say that any future such effort 
should work on substantially the same principles 
and rules as the CCWG-Accountability. I mentioned 
in the chat today (in reference to IANAL) that I 
was fond of several Latin terms used in 
contracts. Mutatis mutandis is the operable one here.

Alan

At 26/01/2016 11:19 PM, Chris Disspain wrote:
>Mathieu, All,
>
>Leaving aside any discussion on the principle of 
>putting this in as a by-law, the draft text 
>(which I understand to be actual proposed by-law 
>text) below seems to me to be deficient.
>
>>This Bylaw
>>provision will not enter into force until a Framework of Interpretation is
>>developed as part of “Work Stream 2” by the 
>>CCWG-Accountability or another
>>Cross Community Working Group chartered for such purpose by one or more
>>Supporting Organizations or Advisory Committees. ICANN shall support the
>>establishment and work of such a Group to facilitate development of the
>>Framework of Interpretation as promptly as possible.
>
>Any such framework needs to the approved not just developed.
>
>It would not be sufficient for such a 
>development to occur in a group chartered by one 
>or more of the SOs and ACs. Such a group would 
>need to be chartered in the same way as the they CCWG.
>
>In other words, precisely the same ‘rules’ 
>for other WS2 matters would need to apply to this. Is that correct?
>
>
>Cheers,
>
>
>Chris Disspain | Chief Executive Officer
>
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>>On 27 Jan 2016, at 08:06 , Mathieu Weill 
>><<mailto:mathieu.weill at afnic.fr>mathieu.weill at afnic.fr> wrote:
>>
>>Thank you Bruce,
>>
>>For the benefit of the Board members as well as colleagues who did not
>>attend the call, a short summary from our conclusions today based on the
>>meeting notes. This conclusion was achieved after closely listening to the
>>Board's concerns raised in the 3rd public comment, and assessing various
>>alternate proposals during our 3 plenary working sessions.
>>
>>Action item is now for staff and lawyers to move to finalizing
>>recommendation consistent with the proposal discussed and comments
>>expressed during the session -(such as Alan). No further plenary
>>discussion is planned unless, as suggested by Kavouss, the Board would
>>come back with a concrete action or resolution that would convince the
>>group to proceed otherwise.
>>
>>And the proposed text during the session was :
>><quote>Within its Mission and in its operations, ICANN will respect
>>internationally recognized Human Rights. This commitment shall  not in any
>>way create an obligation for ICANN, or any entity having a relationship
>>with ICANN, to protect or enforce Human Rights beyond what may be required
>>by applicable law. In particular, this does not create any additional
>>obligation for ICANN to respond to or consider any complaint, request, or
>>demand seeking the enforcement of Human Rights by ICANN. This Bylaw
>>provision will not enter into force until a Framework of Interpretation is
>>developed as part of “Work Stream 2” by the 
>>CCWG-Accountability or another
>>Cross Community Working Group chartered for such purpose by one or more
>>Supporting Organizations or Advisory Committees. ICANN shall  support the
>>establishment and work of such a Group to facilitate development of the
>>Framework of Interpretation as promptly as possible.</>
>>
>>Best regards,
>>Mathieu
>>
>>-----Message d'origine-----
>>De : 
>><mailto:accountability-cross-community-bounces at icann.org>accountability-cross-community-bounces at icann.org
>>[mailto:accountability-cross-community-bounces at icann.org] De la part de
>>Bruce Tonkin
>>Envoyé : mardi 26 janvier 2016 21:17
>>À : CCWG Accountability
>>Objet : [CCWG-ACCT] ICANN Board comments on Recommendation 6
>>Importance : Haute
>>
>>Hello All,
>>
>>Markus gave a verbal summary of the current position of the Board
>>following our Board call yesterday during the CCWG call.   I have set out
>>the current position in writing below.
>>
>>I recognize that the CCWG members did not accept the Board's position.
>>There are quite a few Board members on the call - and we can take this
>>discussion back to the Board to see if we can find another solution.
>>
>>
>>(1) The Board is committed to upholding human rights as appropriate within
>>ICANN's mission; and
>>
>>(2) The Board  intends to work alongside the community to progress the
>>human rights work within ICANN, including through the development of a
>>Human Rights Statement to reach a meaningful framework to guide human
>>rights considerations within ICANN's mission.
>>
>>The Board still remains supportive of Option B, or allowing the WS2 effort
>>on defining a framework to proceed prior to considering whether to include
>>a human rights obligation in the Bylaws.
>>
>>The Board understands that one of the reasons for the suggestion of a
>>"dormant" bylaw text (which the Board remains concerned about for the
>>reasons flagged earlier) is that there is concern among the community that
>>if a reference to human rights is not included in the Bylaws, the Board
>>will not follow through on a community wish to address this issue.  To
>>address this concern, the Board proposes that including in the Bylaws a
>>requirement for ICANN to address the human rights issue, as well as a
>>requirement to consider - after a framework is concluded - how that should
>>be referenced in the Bylaws.  The Board therefore proposes the following:
>>
>>In the Bylaws text referencing WS2, language should be included that
>>specifically identifies that a recommended framework on human rights
>>within ICANN is expected to be part of the WS2 effort.  Further, the
>>Bylaws on WS2 should specify that If the cross-community group developing
>>the framework also makes a consensus recommendation on whether and how
>>that framework can be reflected in the ICANN Bylaws, the ICANN Board must
>>consider that recommendation according to the process defined for
>>considering those continuous improvement recommendations.
>>
>>Regards,
>>
>>Bruce Tonkin
>>
>>ICANN Board liaison to the CCWG
>>
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