[Ws2-hr] Proposed Agenda for call September 13 1900 UTC

Tue Sep 13 20:47:54 UTC 2016

Dear Anne
What you are saying may be right but this is outside our terms of reference.
We have to establish the draft Recommendation(s) on the FOI relating to
Human Rights and submit that to CCWG .Once adopted by CCWG then it will be
probably put into public comments
After the Recommendation(s) are finalized it7 they will be submitted to
ICANN and thus it is up to ICANN to deal with that.
Should ICANN  decides that parts of all of that should be subject to PDP,it
is ICANN decision and policy.
Consequently, we should not be involved in the necessity or otherwise of
developing PDP or recommending  the need or otherwise of PDP.
Should there be any doubt on that the chair should raise this point at the
next meeting of CCWG Plenary.
In view of the above, I strongly disagree with the inclusion of the item in
the agenda as an agreed item
Regards
Kavouss

2016-09-13 22:18 GMT+02:00 Aikman-Scalese, Anne <AAikman at lrrc.com>:

> Having said that Human Rights FOI could be introduced in the Subsequent
> Procedures PDP currently underway but might happen faster via its own
> Expedited PDP.  This is only important if you want to bind registries.
>  Please note that ICANN applicable law in this regard does not
> automatically apply to registries.
>
> Anne E. Aikman-Scalese
> Of Counsel
> 520.629.4428 office
> 520.879.4725 fax
> AAikman at lrrc.com
> _______________________________
>
> Lewis Roca Rothgerber Christie LLP
> One South Church Avenue, Suite 700
> Tucson, Arizona 85701-1611
> lrrc.com
>
> -----Original Message-----
> From: Aikman-Scalese, Anne
> Sent: Tuesday, September 13, 2016 1:08 PM
> To: 'Niels ten Oever'; ws2-hr at icann.org
> Subject: RE: [Ws2-hr] Proposed Agenda for call September 13 1900 UTC
>
> Dear all,
> I hope that everyone understands that no provision re Human Rights can be
> added to a Registry Contract unless developed via Consensus Policy.
> Consensus Policy is a strictly defined term.  (These are the only
> provisions which may be added unilaterally by ICANN.)  Further, the ONLY
> method of developing Consensus Policy is pursuant to  either a full Policy
> Development Process or else an Expedited Policy Development Process.
>
> So if you think you can adopt a Ruggie principle of ICANN addressing Human
> Rights in all its business relationships, you must also apply the Ruggie 18
> b principle and understand that NO REGISTRY IS BOUND BY ANYTHING OTHER THAN
> CONSENSUS POLICY  (and applicable law of the jurisdiction where the
> Registry is based.)
>
> Anne
>
> Anne E. Aikman-Scalese
> Of Counsel
> 520.629.4428 office
> 520.879.4725 fax
> AAikman at lrrc.com
> _______________________________
>
> Lewis Roca Rothgerber Christie LLP
> One South Church Avenue, Suite 700
> Tucson, Arizona 85701-1611
> lrrc.com
> -----Original Message-----
> From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On
> Behalf Of Niels ten Oever
> Sent: Monday, September 12, 2016 11:15 PM
> To: ws2-hr at icann.org
> Subject: [Ws2-hr] Proposed Agenda for call September 13 1900 UTC
>
> Dear all,
>
> Please find underneath the proposed agenda for the call for September 13
> 1900 UTC.
>
> Please let me know if you would like to add, amend or remove any agenda
> points.
>
> 1. Administrivia
> Roll call, absentees, SoIs, etc
>
> 2. Final Discussion on: Summary on what was agreed and discussed on human
> rights during WS1 (attached and here:
> https://docs.google.com/document/d/1rwpw9aSAqboRO2_
> rNkjMVJPOmYwmdr5B1_M_aNMoZb4/edit?usp=sharing
> )
>
> 3. General Discussion & Q&A on Ruggie Principles and Ruggie FIFA report
> (attached and here:
> http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_
> EN.pdf
>
> https://www.hks.harvard.edu/content/download/79736/1789834/version
> /1/file/Ruggie_humanrightsFIFA_reportApril2016.pdf )
>
> 4. Discussion on: Analysis of Ruggie Principles for ICANN – Short
> presentation by Drafting Volunteers https://docs.google.com/document/d/
> 10XMIVosuEfgmXwr7SQjeNLKI8r_hdONrJNV2ih72V80/edit
>
> 5. AOB
>
> Looking forward to the call.
>
> Best,
>
> Niels
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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>
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