[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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