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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.<br><br>
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.
<i>Mutatis mutandis</i> is the operable one here.<br><br>
Alan<br><br>
At 26/01/2016 11:19 PM, Chris Disspain wrote:<br>
<blockquote type=cite class=cite cite="">Mathieu, All,<br><br>
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. <br><br>
<blockquote type=cite class=cite cite="">This Bylaw<br>
provision will not enter into force until a Framework of Interpretation
is<br>
developed as part of “Work Stream 2” by the CCWG-Accountability or
another<br>
Cross Community Working Group chartered for such purpose by one or
more<br>
Supporting Organizations or Advisory Committees. ICANN shall support
the<br>
establishment and work of such a Group to facilitate development of
the<br>
Framework of Interpretation as promptly as possible.</blockquote><br>
Any such framework needs to the approved not just developed. <br><br>
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. <br><br>
In other words, precisely the same ‘rules’ for other WS2 matters
would need to apply to this. Is that correct? <br><br>
<br>
Cheers,<br><br>
<br>
Chris Disspain | Chief Executive Officer<br><br>
.au Domain Administration Ltd<br><br>
T: +61 3 8341 4111 | F: +61 3 8341 4112<br><br>
E: <a href="mailto:ceo@auda.org.au">ceo@auda.org.au</a> | W:
<a href="http://www.auda.org.au/">www.auda.org.au</a> <br><br>
auDA Australia’s Domain Name Administratoor<br><br>
<br>
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<blockquote type=cite class=cite cite="">On 27 Jan 2016, at 08:06 ,
Mathieu Weill
<<a href="mailto:mathieu.weill@afnic.fr">mathieu.weill@afnic.fr</a>
> wrote:<br><br>
Thank you Bruce,<br><br>
For the benefit of the Board members as well as colleagues who did
not<br>
attend the call, a short summary from our conclusions today based on
the<br>
meeting notes. This conclusion was achieved after closely listening to
the<br>
Board's concerns raised in the 3rd public comment, and assessing
various<br>
alternate proposals during our 3 plenary working sessions.<br><br>
Action item is now for staff and lawyers to move to finalizing<br>
recommendation consistent with the proposal discussed and comments<br>
expressed during the session -(such as Alan). No further plenary<br>
discussion is planned unless, as suggested by Kavouss, the Board
would<br>
come back with a concrete action or resolution that would convince
the<br>
group to proceed otherwise.<br><br>
And the proposed text during the session was :<br>
<quote>Within its Mission and in its operations, ICANN will
respect<br>
internationally recognized Human Rights. This commitment shall not
in any<br>
way create an obligation for ICANN, or any entity having a
relationship<br>
with ICANN, to protect or enforce Human Rights beyond what may be
required<br>
by applicable law. In particular, this does not create any
additional<br>
obligation for ICANN to respond to or consider any complaint, request,
or<br>
demand seeking the enforcement of Human Rights by ICANN. This Bylaw<br>
provision will not enter into force until a Framework of Interpretation
is<br>
developed as part of “Work Stream 2” by the CCWG-Accountability or
another<br>
Cross Community Working Group chartered for such purpose by one or
more<br>
Supporting Organizations or Advisory Committees. ICANN shall
support the<br>
establishment and work of such a Group to facilitate development of
the<br>
Framework of Interpretation as promptly as possible.</><br><br>
Best regards,<br>
Mathieu<br><br>
-----Message d'origine-----<br>
De :
<a href="mailto:accountability-cross-community-bounces@icann.org">
accountability-cross-community-bounces@icann.org</a><br>
[<a href="mailto:accountability-cross-community-bounces@icann.org" eudora="autourl">
mailto:accountability-cross-community-bounces@icann.org</a>] De la part
de<br>
Bruce Tonkin<br>
Envoyé : mardi 26 janvier 2016 21:17<br>
À : CCWG Accountability<br>
Objet : [CCWG-ACCT] ICANN Board comments on Recommendation 6<br>
Importance : Haute<br><br>
Hello All,<br><br>
Markus gave a verbal summary of the current position of the Board<br>
following our Board call yesterday during the CCWG call. I
have set out<br>
the current position in writing below.<br><br>
I recognize that the CCWG members did not accept the Board's
position.<br>
There are quite a few Board members on the call - and we can take
this<br>
discussion back to the Board to see if we can find another
solution.<br><br>
<br>
(1) The Board is committed to upholding human rights as appropriate
within<br>
ICANN's mission; and<br><br>
(2) The Board intends to work alongside the community to progress
the<br>
human rights work within ICANN, including through the development of
a<br>
Human Rights Statement to reach a meaningful framework to guide
human<br>
rights considerations within ICANN's mission. <br><br>
The Board still remains supportive of Option B, or allowing the WS2
effort<br>
on defining a framework to proceed prior to considering whether to
include<br>
a human rights obligation in the Bylaws.<br><br>
The Board understands that one of the reasons for the suggestion of
a<br>
"dormant" bylaw text (which the Board remains concerned about
for the<br>
reasons flagged earlier) is that there is concern among the community
that<br>
if a reference to human rights is not included in the Bylaws, the
Board<br>
will not follow through on a community wish to address this issue.
To<br>
address this concern, the Board proposes that including in the Bylaws
a<br>
requirement for ICANN to address the human rights issue, as well as
a<br>
requirement to consider - after a framework is concluded - how that
should<br>
be referenced in the Bylaws. The Board therefore proposes the
following: <br><br>
In the Bylaws text referencing WS2, language should be included that<br>
specifically identifies that a recommended framework on human rights<br>
within ICANN is expected to be part of the WS2 effort. Further,
the<br>
Bylaws on WS2 should specify that If the cross-community group
developing<br>
the framework also makes a consensus recommendation on whether and
how<br>
that framework can be reflected in the ICANN Bylaws, the ICANN Board
must<br>
consider that recommendation according to the process defined for<br>
considering those continuous improvement recommendations.<br><br>
Regards,<br><br>
Bruce Tonkin<br><br>
ICANN Board liaison to the CCWG<br><br>
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