[Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to Human RIghts

[Greg Shatan]

Nigel,

Can you explain your issue? I can't discern it from your statement.

If it's with the "protect or enforce" language, it's my understanding that
those roles are played by governments, while the descriptor for the role of
private entities is "respect." I think our document makes that clear, but
if it could be clearer, your suggestions are appreciated.

Thanks!

Greg

On Thursday, November 5, 2015, Nigel Roberts <nigel at channelisles.net> wrote:

> I have to say that I am rather dissatisfied with this camel.
>
> I see it translates as
>
> "Within its mission and in its operations, ICANN will respect
> internationally recognized human rights. But really it won't."
>
> Thus qualifer, which will eviscerate any commitment whatsoever to basic
> standards of respect for human rights in a privatised ICANN, means that
> ICANN is not worthy of transition until a meaningful committment is
> produced.
>
>
> On 03/11/15 13:58, McAuley, David wrote:
>
>> I also want to thank Tatiana, Greg, Niels, Leon, and Matthew for this.
>>
>> I had a long-planned family event and did not see this final version
>> until our CCWG call(1am my time) and so I probably surprised you by
>> asking for a tweak. Sorry to take you by surprise like that.
>>
>> Here is the paragraph I sought a tweak on:
>>
>> /Within its mission and in its operations, ICANN will respect
>> internationally recognized human rights. This commitment does not in any
>> way create an obligation for ICANN, or any entity having a relationship
>> with ICANN, to protect or enforce human rights. In particular, this does
>> not create any obligation for ICANN to respond to or consider any
>> complaint, request or demand seeking the enforcement of human rights by
>> ICANN./
>>
>> //
>>
>> My concern was that the phrase */or any entity having a relationship
>> with ICANN* / in the second sentence did not appear in the third before
>> the words “/to respond”/.
>>
>> Yes, that would add to the “clunkiness” of the wording but the concern
>> (the usual suspect) is that complainants lawyers will pick that
>> difference apart to the great detriment of those having a relationship
>> with ICANN. And that is why I ask for the change – and am glad our
>> outside counsel will have a go at this in the end.
>>
>> Again, many thanks all.
>>
>> David McAuley
>>
>> *From:*wp4-bounces at icann.org [mailto:wp4-bounces at icann.org] *On Behalf
>> Of *León Felipe Sánchez Ambía
>> *Sent:* Monday, November 02, 2015 8:51 PM
>> *To:* Greg Shatan
>> *Cc:* acct-staff at icann.org; wp4 at icann.org
>> *Subject:* Re: [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to
>> Human RIghts
>>
>> Dear Greg,
>>
>> Thank you, Tatiana, Niels, Matthew and David for this new document. I
>> think it's a great document that, from my perspective, appropriately
>> reflects the work done in our WP4 and suggests concrete solutions and
>> steps forward.
>>
>> Will wait for others to comment but I would say it's ok to be delivered
>> and shared with the larger CCWG.
>>
>> Thanks to all in the WP. You have all made an outstanding job!
>>
>> Kind regards ,
>>
>> León
>>
>>
>> El 02/11/2015, a las 7:36 p.m., Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>> escribió:
>>
>>     All:
>>
>>     Attached are Word and PDF versions of a proposed final draft of the
>>     deliverable of WP4, which is intended to become part of the next
>>     Report of the CCWG.
>>
>>     Niels and Tatiana and Matt went through the document after our call
>>     and edited and resolved the proposed changes in the document.  I
>>     followed with further edits and formatting work.  I believe that all
>>     of us sought to be neutral /rapporteurs/ carrying out the sense of
>>     today's call and the work of our group.
>>
>>     I felt that we needed a section which specifically set out the
>>     process and results of our discussions on refining the language of
>>     the Bylaw, rather than leaving this to our recommendations in the
>>     final section of the document.  Therefore, I took the liberty of
>>     creating such a section, and hope that you will find that this
>>     section reflects our work.
>>
>>     This document also remains available on Google Drive.
>>
>>     I look forward to any comments.
>>
>>     Best regards,
>>
>>     Greg
>>
>>     <Elaborating an ICANN Commitment to Human Rights.docx>
>>
>>     <Elaborating an ICANN Commitment to Human Rights.pdf>
>>
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