<div dir="ltr">Dear Niels, dear all,<div>Niels, thanks for sharing this amazing news. I still can't believe (well, it's only a couple of hours since I saw the board's email, so it's gonna dawn on me :)) that we reached a compromise with the board. Feel very excited that we made it in CCWG! There is a lot of work ahead of us, but we made such a huge progress in making human rights a part of ICANN bylaws. Now CCWP has an important role to play in developing the framework of interpretation for the human rights commitment. I am very much looking forward to it! </div><div>Congratulation to all again! </div><div>Cheers </div><div>Tanya </div></div><div class="gmail_extra"><br><div class="gmail_quote">On 4 February 2016 at 10:02, Niels ten Oever <span dir="ltr"><<a href="mailto:niels@article19.org" target="_blank">niels@article19.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">-----BEGIN PGP SIGNED MESSAGE-----<br>
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<br>
Dear all,<br>
<br>
The CCWG on Accountability has achieved consensus on human rights<br>
commitment in the bylaws (as part of the CCWG proposal) now the board<br>
has agreed to the text proposed by the CCWG.<br>
<br>
The interpretation framework will be part of Workstream 2.<br>
<br>
Congratulations all. Exciting work ahead!<br>
<br>
Best,<br>
<br>
Niels<br>
<br>
<br>
- -------- Forwarded Message --------<br>
Subject: [CCWG-ACCT] Board comments on Recommendation 6 - Human Rights<br>
Date: Thu, 4 Feb 2016 07:33:34 +0000<br>
From: Bruce Tonkin <<a href="mailto:Bruce.Tonkin@melbourneit.com.au">Bruce.Tonkin@melbourneit.com.au</a>><br>
To: CCWG-Accountability <<a href="mailto:accountability-cross-community@icann.org">accountability-cross-community@icann.org</a>><br>
<br>
Hello All,<br>
<br>
In the spirit of the compromise throughout the CCWG proceedings, the<br>
Board is modifying its position, and is supportive of inserting a<br>
commitment to respect human rights into the ICANN Bylaws as follows:<br>
<br>
<br>
"Within its Core Values, ICANN will commit to respect internationally<br>
recognized Human Rights as required by applicable law. This provision<br>
does not create any additional obligation for ICANN to respond to or<br>
consider any complaint, request, or demand seeking the enforcement of<br>
human rights by ICANN. This Bylaw provision will not enter into force<br>
until (1) a Framework of Interpretation for Human Rights (FOI-HR) is<br>
developed by the CCWG-Accountability (or another Cross Community<br>
Working Group chartered for such purpose by one or more Supporting<br>
Organizations or Advisory Committees) as a consensus recommendation in<br>
Work Stream 2 (including Chartering Organizations' approval) and (2)<br>
the FOI-HR is approved by the ICANN Board using the same process and<br>
criteria it has committed to use to consider the Work Stream 1<br>
recommendations."<br>
<br>
Rationale:<br>
<br>
The clause on the timing of the effective date of the Bylaws provision<br>
addressed many, though not all, of the Board's timing concerns. There<br>
were still significant concerns regarding some of the other detail,<br>
including possible interpretations that could impose human rights<br>
responsibilities on those with whom ICANN does business, or whether<br>
there are things that ICANN should affirmatively be doing today, in<br>
addition to compliance with law.<br>
<br>
One of the most pressing concerns that remained with the language was<br>
on the potential impact on external entities. The Board remained<br>
concerned that the CCWG's attempt to exclude reach to "entit[ies]<br>
having a relationship with ICANN", could actually be interpreted in a<br>
manner that increases - not insulates - the reach of this provision.<br>
When ICANN is challenged for conduct alleged to be in violation of<br>
applicable laws on human rights, that that challenge could also reach<br>
third parties for alleged failures to protect or enforce human rights<br>
within applicable law. This could reach entities with or without<br>
contracts, and many of which (including ICANN) have no enforcement<br>
power when it comes to the law. This is a potential path to placing<br>
an affirmative (and out of mission) obligation to police those with<br>
whom ICANN has relationships for potential failures to protect or<br>
enforce human rights.<br>
<br>
This language could leave the door open for those doing business with<br>
ICANN to be held to, for example, the applicable laws in the USA or<br>
another place where ICANN is found to do business. The applicable law<br>
is not defined as it applies to entities with relationships with<br>
ICANN, nor is that the type of language normally included in Bylaws.<br>
<br>
The Board supports the removal of the language that causes it concern,<br>
while allowing the CCWG to move forward with a recommendation to<br>
include a commitment in the Bylaws that ICANN treats human rights as a<br>
core value that guides the decisions and actions of ICANN:. We hope<br>
this compromise can allow this issue to be closed.<br>
<br>
Regards,<br>
Bruce Tonkin<br>
<br>
ICANN Board Liaison to the CCWG<br>
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</blockquote></div><br></div>