[Ws2-hr] Report to CCWG
Niels ten Oever
lists at nielstenoever.net
Thu Oct 20 08:20:21 UTC 2016
Dear Greg,
>
> More generally, I would like to comment on the Supplemental Report that
> is attached to your email, but you have granted "view only" access.
> _Can you please give "comment" access to the Supplemental Report Google
> document?_ I have a number of concerns that are best addressed in the
> document itself. Thanks.
>
We have already agreed to this document several calls ago, after three
readings. I would be very hesitant to reopen the discussion on this
document.
Best,
Niels
> Greg
>
> On Wed, Oct 19, 2016 at 2:13 PM, Paul McGrady <policy at paulmcgrady.com
> <mailto:policy at paulmcgrady.com>> wrote:
>
> Thanks Niels. By saying the group has reached some sort of
> consensus that
> certain Ruggie principals may apply, you are already including
> overviews of
> the various views of the members of the group. I, for one, still
> have no
> idea if any of the Ruggie principals would apply since I do not know
> whether
> or not they are already subsumed by or preempted by California State
> law. I
> hope your summary will be complete enough to include that at least one
> person in the group believes we out to start with what applicable law is
> already in place before we begin opining on whether or not third party
> sources should govern ICANN behavior, since the bylaw makes it clear
> that
> all of our work should end up with a product that is within
> applicable law.
> We simply have no hope at hitting the target if we insist on having
> blinders
> on. Not telling the Plenary CCWG that we have decided to put on
> blinders is
> an important thing for them to know so that they can either tell us
> to take
> off the blinders and look first at what human rights requirements
> already
> exist under applicable law or they can consent to us trying to put the
> puzzle together in the dark.
>
> As far as my suggestions for next steps, they remain the same as the
> first
> (among many) times I have brought up this subject. Ask ICANN Legal what
> Human Rights laws already apply to the organization. They have been
> operating in California for some time now and they already know the
> answer
> to this question.
>
> Best,
> Paul
>
>
> Paul D. McGrady, Jr.
> policy at paulmcgrady.com <mailto:policy at paulmcgrady.com>
>
>
>
> -----Original Message-----
> From: Niels ten Oever [mailto:lists at nielstenoever.net
> <mailto:lists at nielstenoever.net>]
> Sent: Wednesday, October 19, 2016 11:24 AM
> To: Paul McGrady <policy at paulmcgrady.com
> <mailto:policy at paulmcgrady.com>>; ws2-hr at icann.org
> <mailto:ws2-hr at icann.org>
> Cc: thomas at rickert.net <mailto:thomas at rickert.net>
> Subject: Re: [Ws2-hr] Report to CCWG
>
> Hi Paul,
>
> I am a bit hesitant to add an overview of different views of members
> of the
> group, but I will try.
>
> In the meantime I would still be very interested to hear from you
> how you
> think we could approach this, with the limited resources of our
> group and in
> conjunction with the current understanding of applicable law we're
> working
> on.
>
> Best,
>
> Niels
>
> On 10/19/2016 05:31 PM, Paul McGrady wrote:
> > Thanks Niels. I would like for your summary to include notice that I
> > have consistently called for us to evaluate what human rights
> > principles already apply to ICANN as a result of applicable California
> > law in order to get a baseline to begin a gap analysis, but that the
> > request has not been acted upon by the group. Thanks.
> >
> > Best,
> > Paul
> >
> >
> > Paul D. McGrady, Jr.
> > policy at paulmcgrady.com <mailto:policy at paulmcgrady.com>
> >
> >
> >
> > -----Original Message-----
> > From: ws2-hr-bounces at icann.org <mailto:ws2-hr-bounces at icann.org>
> [mailto:ws2-hr-bounces at icann.org <mailto:ws2-hr-bounces at icann.org>] On
> > Behalf Of Niels ten Oever
> > Sent: Tuesday, October 18, 2016 11:24 AM
> > To: ws2-hr at icann.org <mailto:ws2-hr at icann.org>
> > Subject: [Ws2-hr] Report to CCWG
> >
> > Dear all,
> >
> > I hope this email finds you well. Coming Friday is the deadline for me
> > to report to the CCWG Plenary on the progress of our Subgroup. I
> > drafted the text underneath. Your input is more than welcome before
> > Friday, when I will submit it to the CCWG co-chairs.
> >
> > All your input is of course very much appreciated.
> >
> > Best,
> >
> > Niels
> >
> > 1. Executive Summary
> > The CCWG WS2 Human Rights Subgroup has documented the historical
> > context of the discussions on ICANNs human rights bylaw, which
> > together with the CCWG report (especially Annex 6 and 12) form it's
> > scope of discussion, with a Framework of Interpretation of the Human
> Rights Bylaw as intended output.
> > The subgroup is currently preparing a Framework of Interpretation
> > which in due time will be presented to the CCWG plenary for
> discussion.
> >
> > 2. Description of the Issue
> > 2.1 Current State of Play
> > The CCWG WS2 Human Rights Subgroup started of with providing an
> > overview of the discussions and agreements as they were made during
> > CCWG Workstream 1 [0]. Subsequently the Subgroup has analyzed the UN
> > Guiding Principles on Business and Human Rights (UNGPs), and their
> > relevance and applicability for ICANN. While there was consensus that
> > some principles were relevant for the development for a Framework of
> > Interpretation (such as 13a and 15a), it was also recognized that the
> > UNGPs have not been designed with an organization like ICANN in mind.
> > Therefore a drafting team is currently iteratively designing a draft
> > Framework of Interpretation which is being discussed in weekly calls.
> > It is expected, that at this rate, the subgroup will be able to
> achieve
> the set milestones.
> >
> > 2.2 Supplemental Report
> > See [0]
> >
> > 3 Recommendation
> > 3.1 Requirements for Recommendation
> > We haven't reached consensus on a recommendation yet.
> >
> > 3.2 Rationale for Recommendation
> > We haven't reached consensus on a recommendation yet.
> >
> > [0]
> >
> https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_
> <https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_>
> > M_aNMo
> > Zb4/edit?usp=sharing
> >
> > --
> > Niels ten Oever
> > Head of Digital
> >
> > Article 19
> > www.article19.org <http://www.article19.org>
> >
> > PGP fingerprint 8D9F C567 BEE4 A431 56C4
> > 678B 08B5 A0F2 636D 68E9
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> >
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org <http://www.article19.org>
>
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> 678B 08B5 A0F2 636D 68E9
>
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--
Niels ten Oever
Head of Digital
Article 19
www.article19.org
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