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

Greg Shatan gregshatanipc at gmail.com
Thu Nov 5 14:15:16 UTC 2015


Our very first sentence says that ICANN will respect Human RIghts. Still
not seeing the issue.

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

> The description for the role of private entities is "not at all, unless
> committed to by the private entity". So there's a major misunderstanding,
> as there is in the role played by ICANN as regards ccTLDs.
>
> Here's a better formulation (from a US private corporation, no less)
>
> "ExxonMobil actively promotes respect for human rights and is committed to
> complying with all applicable laws and regulations. "
>
> On 05/11/15 13:44, Greg Shatan wrote:
>
>> 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
>> <mailto: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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