[Ws2-hr] new document + proposed agenda for meeting Nov 15 19:00 UTC

Tue Nov 15 17:54:48 UTC 2016

Please excuse my typo.  Reference to UN Declaration Article 26 was supposed to be to Article 27.
http://www.ichrp.org/en/article_27_udhr

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

[cid:image004.png at 01D23F2E.ADFC6310]

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: Aikman-Scalese, Anne
Sent: Tuesday, November 15, 2016 10:51 AM
To: 'Adebunmi AKINBO'; Niels ten Oever
Cc: ws2-hr at icann.org
Subject: RE: [Ws2-hr] new document + proposed agenda for meeting Nov 15 19:00 UTC

Thanks Niels and many thanks to the drafting team.  Due to an all-lawyers meeting in our office, I will not be able to participate in the call.  I do congratulate the drafting team.  The only suggestion I have is that the Framework should make reference not only to the need to balance Core Values but also, in some cases, the need to balance one or more human rights against one or more other human rights.  For example, it is quite clear that the current RPM structure strikes a balance between free speech and privacy (Article 19 of the UN Declaration) and the human rights of authors (both creatively as a matter of property rights (Article 26 of the UN Declaration).  This “balancing act” will be important in the ongoing policy processes leading up to the next “round” or “rounds”.

Thus, I believe there should be a simple reference to the possible need to balance human rights considerations among each other in certain situations.  For example,

“In addition to balancing Core Values, it will  be necessary at times for ICANN to balance various  human rights among each other, giving due weight to the context of policies being considered and to respecting the existing policy-making  processes within the ICANN Community.”

Thank you,
Anne

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

[cid:image003.png at 01D23F2E.ADE2E7A0]

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: ws2-hr-bounces at icann.org<mailto:ws2-hr-bounces at icann.org> [mailto:ws2-hr-bounces at icann.org] On Behalf Of Adebunmi AKINBO
Sent: Friday, November 11, 2016 11:08 AM
To: Niels ten Oever
Cc: ws2-hr at icann.org<mailto:ws2-hr at icann.org>
Subject: Re: [Ws2-hr] new document + proposed agenda for meeting Nov 15 19:00 UTC

Kindly call +2348071616070.
Thanks.
-Akinbo.

On Fri, Nov 11, 2016 at 3:10 PM, Niels ten Oever <lists at nielstenoever.net<mailto:lists at nielstenoever.net>> wrote:
Dear all,

It was a great pleasure to see many of you in Hyderabad. Next to
pleasurable it has also been a very productive week. The drafting has
team  managed to meet several times. Product of these meetings is an
initial, clean FoI document.

You can find the document attached and here:
https://docs.google.com/document/d/1ZJ02NHeKt9krBGd9V4q54_gl_RPcWGA9d8-WuV_5MCc/edit?usp=sharing

For the first reading of this document I would like to propose the
following agenda:

1. Administrivia
  Roll call, absentees, SoIs, etc
2. Analysis and discussion on the progress of the drafting team working
on the new proposal for FoI
  a.‘within the scope of its Mission’
  b.‘within the scope of other Core Values’
  c.‘respecting’
  d. ‘internationally recognized human rights’
  e. ‘as required by applicable law’
  f. ‘This Core Value does not create, and shall not be interpreted to
   create, any obligation on ICANN outside its Mission or beyond
obligations found in applicable law’
  g. ‘‘This Core Value does not obligate ICANN to enforce its human
rights obligations or the human rights obligations of other parties,
against other parties’
3. AOB

Thanks again to the drafting team for their great work in the spirit of
consensus and the multistakeholder model.

Comments and suggestions are welcome as always.

Looking forward to the call.

Best,

Niels

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