[Wp4] Fwd: Re: [] Variety of formulation for Human Rights bylaw that were made. - corrected
Nigel Roberts
nigel at channelisles.net
Sat Aug 8 14:23:24 UTC 2015
There's bucket loads of caselaw on this.
In short: "balancing qualified rights", and "margin of appreciation"
This does not stop us putting in a high-level requiremetn. It means we
should not attempt to promote one of the human rights above others.
(Like giving right to property greater weight in the ICANN process than
the other rights, perhaps?)
Nigel
On 08/08/2015 02:21 PM, Kavouss Arasteh wrote:
> Is freedom of expression is without any limit i.e. Offending the public
> or a category if society under that freedom.
> Inciting the people to act in their defence of their conviction or their
> fate or their believe. Free flow of unfounded allegation . Distribution
> of inappropriate images or caricature or .....
>>>> ICANN's mission and activities,
>>>>
>>>> o understanding how these rights interact
>>>>
>>>> with other rights and obligations in play at ICANN (including the
>>>> range of possible outcomes of such interactions and how these
>>>> interactions would take place and be resolved in the ICANN framework),
>>>>
>>>> o understanding how these rights interact with ICANN's
>>>> existing obligations under US federal, state and local laws
>>>> and regulations (some of which embody, in differing fashions
>>>> and degrees, relevant international treaties and conventions)
>>>>
>>>> o
>>>>
>>>> how this relates (if at all) to ICANN's Corporate Social
>>>> Responsibility and what efforts have been made or need to be made in
>>>> that regard
>>>>
>>>> ,
>>>>
>>>> * find out
>>>>
>>>> how other organizations similar to ICANN
>>>>
>>>> (e.g., I* organizations)
>>>>
>>>> have dealt with these issues,
>>>>
>>>> * determining
>>>>
>>>> which Bylaws
>>>>
>>>> amendment is the most appropriate outcome relating to this issue
>>>> (and noting that various proposals have been floated in recent weeks),
>>>>
>>>> * understanding the interaction between such an amendment and other
>>>>
>>>> B
>>>>
>>>> ylaws and the Articles of Incorporation, and other normative and
>>>> operative ICANN documents,
>>>>
>>>> *
>>>>
>>>> determining what efforts may need to take place
>>>>
>>>> and what groups may need to be formed
>>>>
>>>> as a result of
>>>>
>>>> a Bylaw
>>>>
>>>> amendment (including without limitation PDP (or non-PDP) GNSO
>>>> Working Groups or Cross-Community Working Groups
>>>>
>>>> )
>>>>
>>>> ,
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *
>>>>
>>>> understanding and integrating with other efforts taking place in and
>>>> around ICANN (GAC WG, "Working Party"),
>>>>
>>>> * what an "impact analysis" would entail (who, when, how, what
>>>> criteria, what deliverable, what scope, what triggers, etc.),
>>>> * whether there are other "impact analyses" that should also be
>>>> put in place at this time or which are already in place,
>>>> * what the result, effects and consequences (intentional and
>>>> unintentional) of various impact analysis outcomes would be
>>>> (either on present policy and implementation, on future policy
>>>> and implementation and on other ICANN activities).
>>>>
>>>> I think the last 4 points can be left to WS2.For the rest, we'll
>>>> need to balance work in WS1 vs. WS2, but I think each requires some
>>>> work in WS1 to have a framework of understanding the meaning and
>>>> consequences of a Bylaws amendment, and to determine the best way
>>>> forward in WS1. A number of these could (and probably should)
>>>> generate (or be recast as) "Stress Tests."
>>>>
>>>> This is very much a first draft (or 1.1, since I did revisit it
>>>> once), so further contributions and revisions are welcomed.
>>>>
>>>> Greg
>>>>
>>>> On Thu, Aug 6, 2015 at 4:17 PM, Greg Shatan <gregshatanipc at gmail.com
>>>> <mailto:gregshatanipc at gmail.com>> wrote:
>>>>
>>>> Nope. Nothing hidden and nefarious here. I'll leave that to this
>>>> guy: Greg Satan Twitter Page <https://twitter.com/GregShatan>
>>>>
>>>> On Thu, Aug 6, 2015 at 3:52 PM, Dr Eberhard W Lisse <el at lisse.na
>>>> <mailto:el at lisse.na>> wrote:
>>>>
>>>> Avri,
>>>>
>>>> same tactics as usual.
>>>>
>>>> Not unexpected.
>>>>
>>>> el
>>>>
>>>> --
>>>>
>>>> Sent from Dr Lisse's iPad mini
>>>>
>>>>
>>>> On Aug 6, 2015, at 20:44, Greg Shatan <gregshatanipc at gmail.com
>>>> <mailto:gregshatanipc at gmail.com>> wrote:
>>>>
>>>> Avri,
>>>>
>>>> You are certainly entitled to express yourself, and I look
>>>> forward to a robust and productive discussion. Again, there is
>>>> no intention to obfuscate. The intention is to clarify, which I
>>>> believe will build a stronger consensus.
>>>>
>>>> Greg
>>>>
>>>> On Thu, Aug 6, 2015 at 3:38 PM, Avri Doria <avri at acm.org
>>>> <mailto:avri at acm.org>> wrote:
>>>>
>>>> Hi,
>>>>
>>>> Freedom of expression allows me to object to the statements you
>>>> make.
>>>> I asked nicely, with a please even. I did not attempt to
>>>> regulate you
>>>> speech.
>>>>
>>>> I am objecting to what I perceive to be tactics to obfuscate and
>>>> make
>>>> things seem hidden and nefarious.
>>>> That too is freedom of expression.
>>>>
>>>> avri
>>>>
>>>>
>>>> On 06-Aug-15 15:34, Greg Shatan wrote:
>>>> > I really don't think using a 500 year old colloquialism
>>>> "cheapens the
>>>> > discussion." I also find it ironic to find this admonition in a
>>>> > discussion about, inter alia, freedom of expression. Political
>>>> > correctness, trigger words, and other such stuff are a not
>>>> > inconsequential threat to freedom of expression and freedom of
>>>> ideas
>>>> > -- starting with a kernel of good intentions, and then
>>>> becoming quite
>>>> > damaging....
>>>> >
>>>> > On Thu, Aug 6, 2015 at 3:05 PM, Avri Doria <avri at acm.org
>>>> <mailto:avri at acm.org>
>>>> > <mailto:avri at acm.org <mailto:avri at acm.org>>> wrote:
>>>> >
>>>> >
>>>> >
>>>> > On 06-Aug-15 14:28, Greg Shatan wrote:
>>>> > > Otherwise, we are just buying a pig in a poke.
>>>> >
>>>> >
>>>> > I really have trouble with such a reference to human rights.
>>>> > Please do
>>>> > not cheapen this discussion.
>>>> >
>>>> > avri
>>>> >
>>>> >
>>>> > ---
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>>>> >
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