[Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC

Tue Aug 8 19:15:29 UTC 2017

Apologies... not be on the call.
RD

On Aug 8, 2017 2:35 PM, "Aikman-Scalese, Anne" <AAikman at lrrc.com> wrote:

>
>
> Niels et al,
>
>
>
> It looks as though the language that Niels is proposing to modify as a
> result of some comments exists in its current form in the Considerations
> document as follows  :
>
>
>
> *EXISTING LANGUAGE – This is what I think the existing language says:*
>
>
>
> When examining its operations, ICANN the organization could also consider
> instruments such as HRIAs to assess their impact on Human Rights.  However,
> this is up to ICANN the organization to decide the most appropriate
> framework and instruments to do this.  The results of such HRIAs should be
> reflected in ICANN’s annual reporting.”
>
>
>
> *PROPOSED LANGUAGE WITH REDLINED CHANGES*  - Below I try to create a
> redline of the existing language – BUT PERHAPS NIELS HIMSELF HAS A REDLINE?
>
>
>
> When examining its operations, ICANN the organization could also consider
> using a framework like the UNGPs as well as specific instruments such as
> HRIAs to assess its (REPLACES “their”)  impact on Human Rights, and offer
> remediation.
>
> However, it (REPLACES  “this”) is up to ICANN the organization to develop
> and implement .   TEXT WHICH APPEARS TO BE DELETED AND REPLACED IS “decide
> the most appropriate framework and instrument to do this”. The results of ICANN
> the organization's analysis (REPLACES “of such HRIAs”)  should be
> reflected in ICANN’s annual reporting.
>
>
>
>
>
> In the Considerations document, we also have language which tries to
> protect the role of SOs and ACs  as follows:
>
>
>
> “When developing corporate or operational policies, and executing its
> operations, ICANN the organization should take the Human Rights Core Value
> into account. In order to do so ICANN the organization should propose a
> framework to the community, which should include multistakeholder
> involvement in its development, and regular review.”
>
>
>
> We know that one reason this language exists is that registries cannot be
> bound by anything inserted into a registry agreement that is not developed
> as Consensus Policy in the GNSO.
>
>
>
> So my question is whether this new language conflicts in that it states
> that it is up to ICANN the organization to implement a framework, not just
> up to ICANN as to whether it uses an HRIA tool.  When we consider that this
> language goes well beyond “applicable law”, the risk is “top-down” policy
> making.  Hopefully the proposed changes to the existing language will be
> clarified on the call.
>
>
>
> Anne
>
>
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 <(520)%20629-4428> office
>
> 520.879.4725 <(520)%20879-4725> fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 700
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
>
>
> *From:* Aikman-Scalese, Anne
> *Sent:* Tuesday, August 08, 2017 10:42 AM
> *To:* 'McAuley, David'; Niels ten Oever
> *Cc:* ws2-hr at icann.org; 'Greg Shatan'
> *Subject:* RE: [Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC
>
>
>
> The existing language in "Considerations" is pasted below.  It's not clear
> to me where this new language just sent by Niels is intended to be
> inserted, but it appears there could be a conflict with the existing
> language below, as noted by Bastiaan.
>
>
>
> With regards to the UN Guiding Principles for Business and Human
>
> Rights , no consensus was reached as to their suitability for interpreting
>
> the Core Value. However with regard to the implementation of the Core
>
> Value certain aspects of the UN Guiding Principles for Business and
>
> Human Rights could be considered as a useful guide in the process of
>
> applying the Human Rights Core Value. There are certain Guiding
>
> Principles that may not be suitable for ICANN and others that might be
>
> applicable, depending on the circumstances. However, it is beyond the
>
> scope of this document to provide a detailed analysis of the Guiding
>
> Principles and their application, or not, in particular situations.
>
> In any case, a conflict between any Guiding Principle and an ICANN
>
> Bylaw provision or Article of Incorporation must be resolved in favor of
>
> the Bylaw or Article. The use of the Guiding Principles as potential
>
> guidance has to be carefully considered by each SO and AC as well as
>
> ICANN the organization.
>
>
>
> Anne E. Aikman-Scalese
>
> Of Counsel
>
> 520.629.4428 <(520)%20629-4428> office
>
> 520.879.4725 <(520)%20879-4725> 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
> <ws2-hr-bounces at icann.org>] On Behalf Of McAuley, David via Ws2-hr
> Sent: Tuesday, August 08, 2017 10:02 AM
> To: ws2-hr at icann.org
> Subject: Re: [Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC
>
>
>
> Hi Niels,
>
>
>
> Thank you for these.
>
>
>
> I looked at the latest google doc link you sent (https://docs.google.com/
> document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvhWhc/edit) and did not
> see the proposed language of 3.1 in there and so am assuming you want to
> pass it by on the list first – and I see others have weighed in.
>
>
>
> With respect, I would suggest a few edits to 3.1 as proposed – I think I
> am fairly in line with Tatiana’s thoughts but can also explain on the call
> as well:
>
>
>
> 3.1 When examining its operations, ICANN the organization could consider
> using a framework like the UNGPs as well as specific instruments such as
> HRIAs to assess its impact on Human Rights. (STRIKING "and offer
> remediation").
>
> However, it is up to ICANN the organization to decide whether and how
> (i.e., the most appropriate framework and instrument) to do this. The
> results of ICANN the organization's analysis should be reflected in ICANN’s
> annual reporting. (ADDING the "whether and how" language).
>
>
>
> Best regards,
>
> David
>
>
>
> David McAuley
>
> Sr International Policy & Business Development Manager Verisign Inc.
>
> 703-948-4154 <(703)%20948-4154>
>
>
>
> -----Original Message-----
>
> From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org
> <ws2-hr-bounces at icann.org>] On Behalf Of Niels ten Oever
>
> Sent: Tuesday, August 08, 2017 8:44 AM
>
> To: ws2-hr at icann.org
>
> Subject: [EXTERNAL] Re: [Ws2-hr] Proposed agenda meeting 31 - August 8
> 19:00 UTC
>
>
>
> Hi all,
>
>
>
> I am very sorry, I made a mistake in the text I shared under 3.1  with you
> before. Please use this version and please accept my apologies.
>
>
>
> You can also find the whole text as always in the Google doc:
>
>
>
> https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgi
> porUwqNymvhWhc/edit
>
>
>
>
>
> Dear all,
>
>
>
> I hope this email finds you all very well. Please find the proposed agenda
> for the meeting of August 8, 19:00 UTC underneath:
>
>
>
> 1. Administrivia
>
> Roll call, absentees, SoIs, etc
>
>
>
> 2. Review of last weeks changes
>
> 2.1 addition ‘, but not limited to:’ to two footnotes
>
>
>
> 3. Proposed change as follow-up to last weeks discussion
>
> 3.1 When examining its operations, ICANN the organization could consider
> using a framework like the UNGPs as well as specific instruments such as
> HRIAs to assess its impact on Human Rights, and offer remediation.
>
> However, it is up to ICANN the organization to decide the most appropriate
> framework and instrument to do this. The results of ICANN the
> organization's analysis should be reflected in ICANN’s annual reporting.
>
>
>
> 4. Preparation of statement to CCWG
>
> 5. AOB
>
>
>
> Looking forward to discuss on the call.
>
>
>
> Best,
>
>
>
> Niels
>
>
>
> On 08/08/2017 02:22 PM, Niels ten Oever wrote:
>
> > Dear all,
>
> >
>
> > I hope this email finds you all very well. Please find the proposed
>
> > agenda for the meeting of August 8, 19:00 UTC underneath:
>
> >
>
> > 1. Administrivia
>
> > Roll call, absentees, SoIs, etc
>
> > 2. Review of last weeks changes
>
> > 2.1 addition ‘, but not limited to:’ to two footnotes
>
> >
>
> > 3. Proposed change as follow-up to last weeks discussion
>
> > 3.1 When examining its operations, ICANN the organization could
>
> > consider using a framework like the UNGPs as well as specific
>
> > instruments such as HRIAs to assess its impact on Human Rights, and
> offer remediation.
>
> > However, it is up to ICANN the organization to decide the most
>
> > appropriate framework and instrument to do this. The results of ICANN
>
> > the organization's analysis should such HRIAs should be reflected in
>
> > ICANN’s annual reporting.
>
> >
>
> > 4. Preparation of statement to CCWG
>
> > 5. AOB
>
> >
>
> > Looking forward to discuss on the call.
>
> >
>
> > Best,
>
> >
>
> > Niels
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> > _______________________________________________
>
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>
> > Ws2-hr at icann.org
>
> > https://mm.icann.org/mailman/listinfo/ws2-hr
>
> >
>
>
>
> --
>
> Niels ten Oever
>
> Head of Digital
>
>
>
> Article 19
>
> www.article19.org
>
>
>
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