[Ws2-hr] FW: Proposed Agenda Call Sept 6 19:00 UTC
Karen Mulberry
karen.mulberry at icann.org
Tue Sep 20 17:19:08 UTC 2016
On behalf of ICANN Legal
Karen Mulberry
Multistakeholder Strategy and Strategic Initiatives
ICANN
From: Samantha Eisner <Samantha.Eisner at icann.org>
Date: Tuesday, September 20, 2016 at 11:01 AM
To: Karen Mulberry <karen.mulberry at icann.org>
Subject: FW: [Ws2-hr] Proposed Agenda Call Sept 6 19:00 UTC
Can you please provide this to the HR subgroup?
Dear HR-Subgroup members,
I understand that the question posed was "'What is the rationale for the
addition of 'core values' to the ICANN bylaws, and what are its legal and
non-legal implications in your opinion, especially for the human rights
bylaw?²
The Core Values have historically been part of the ICANN Bylaws, introduced
after the ICANN evolution and reform effort in 2002,
https://www.icann.org/en/about/governance/bylaws/bylaws-15dec02-en.htm.
>From 2002 through the Bylaws as they exist today, the Core Values remained
unchanged, with the following as guidance for the application of Core
Values: "These core values are deliberately expressed in very general terms,
so that they may provide useful and relevant guidance in the broadest
possible range of circumstances. Because they are not narrowly prescriptive,
the specific way in which they apply, individually and collectively, to each
new situation will necessarily depend on many factors that cannot be fully
anticipated or enumerated; and because they are statements of principle
rather than practice, situations will inevitably arise in which perfect
fidelity to all eleven core values simultaneously is not possible. Any ICANN
body making a recommendation or decision shall exercise its judgment to
determine which core values are most relevant and how they apply to the
specific circumstances of the case at hand, and to determine, if necessary,
an appropriate and defensible balance among competing values.²
With the Bylaws drafted to implement WS1, the CCWG recommended the
development of both Commitments as well as Core Values, for which the
balancing test has changed. Some of the items that were previously Core
Values are now expressed as commitments. The balancing test now requires
that all of the commitments be met, while Core Values still are dependent
upon situations and can be balanced amongst each other.
The inclusion of the Human Rights commitment as a Core Value, which was
expressly required in Annex 6 of the WS1 report, assures that it is an item
that is considered while ICANN is performing its Mission. The implication
of this is strong, particularly where the FOI considers how to guide the
interpretation of this obligation. Of course, there are already legal
obligations that are tethered to human rights obligations (for example,
observing laws against human trafficking) that ICANN is already following.
Given the long-standing nature of the Core Values section of the ICANN
Bylaws, this is a key tool in guiding ICANN¹s operations. They are part of a
near 15-year history of ICANN acting within its Mission.
If there are more specific questions that you have on this topic, please let
us know.
‹
Samantha Eisner
Deputy General Counsel, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California 90094
USA
Direct Dial: +1 310 578 8631
On 9/6/16, 11:47 AM, "ws2-hr-bounces at icann.org on behalf of Niels ten Oever"
<ws2-hr-bounces at icann.org on behalf of lists at nielstenoever.net> wrote:
> Dear Jorge,
>
> The question has been forwarded to ICANN legal and we are awaiting a
> response.
>
> Best,
>
> Niels
>
> On 09/07/2016 03:22 AM, Jorge.Cancio at bakom.admin.ch wrote:
>> Dear Niels
>>
>> May I kindly request clarification on the status of our inquiry into the
>> (legal) effects that the HR commitment we are talking about is a "core
>> value"?
>>
>> According to the new Bylaws "core values" are ³guidance² (³should also
>> guide the decisions and actions of ICANNŠ²) and are subject to a
>> specific balancing and interpretation clause:
>>
>> "(c) The Commitments and Core Values are intended to apply in the broadest
>> possible range of circumstances. The Commitments reflect ICANN¹s
>> fundamental compact with the global Internet community and are intended to
>> apply consistently and comprehensively to ICANN¹s activities. The specific
>> way in which Core Values are applied, individually and collectively, to any
>> given situation may depend on many factors that cannot be fully anticipated
>> or enumerated. Situations may arise in which perfect fidelity to all Core
>> Values simultaneously is not possible. Accordingly, in any situation where
>> one Core Value must be balanced with another, potentially competing Core
>> Value, the result of the balancing must serve a policy developed through the
>> bottom-up multistakeholder process or otherwise best serve ICANN¹s Mission."
>>
>> I feel this is quite relevant for our discussions, as it sets the frame
>> of the effect of the new HR "core value".
>>
>> Best and looking forward to your guidance and apologies if I have missed
>> any relevant message on this issue
>>
>> Jorge
>>
>> -----Ursprüngliche Nachricht-----
>> Von: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] Im
>> Auftrag von Niels ten Oever
>> Gesendet: Dienstag, 6. September 2016 00:19
>> An: ws2-hr at icann.org
>> Betreff: [Ws2-hr] Proposed Agenda Call Sept 6 19:00 UTC
>>
>> Dear all,
>>
>> Please find underneath and attached the proposed agenda for our call of
>> Sept 6 19:00 UTC.
>>
>> Also please find attached a rather advanced version of the document
>> mentioned under agenda point 2, the summary of the Human Rights work
>> under Workstream 1.
>>
>> 1. Administrivia
>> Roll call, absentees, SoIs, etc
>> 2. Discussion on: the Summary on what was agreed and discussed on human
>> rights during WS1
>> https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNMoZ
>> b4/edit?usp=sharing
>> 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and
>> FoI
>> https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_h9
>> h4/edit?usp=sharing
>> 4. Discussion on FoI draft document
>> https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVnkBYUOsA
>> 2Q/edit
>> 5. AOB
>>
>> ICANN staff informed me that they are working on providing more real
>> time collaboration methods, but currently they do not offer such
>> services. So until that time I am afraid we are stuck with Google Docs.
>>
>> As always feel free to suggest addition or changes to the points above.
>>
>>
>> Best,
>>
>> Niels
>> --
>> 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
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
> PGP fingerprint 8D9F C567 BEE4 A431 56C4
> 678B 08B5 A0F2 636D 68E9
> _______________________________________________
> Ws2-hr mailing list
> Ws2-hr at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-hr
>
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