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

Tue Aug 8 19:50:22 UTC 2017

Here is the redline.

On Tue, Aug 8, 2017 at 3:15 PM, Rudolph Daniel <rudi.daniel at gmail.com>
wrote:

> 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/17AvMLBfT8BmC3gUOTvaIuTu
>> EqMbgiporUwqNymvhWhc/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/17AvMLBfT8BmC3gUOTvaIuTuE
>> qMbgiporUwqNymvhWhc/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
>>
>> >
>>
>> >
>>
>> >
>>
>> >
>>
>> >
>>
>> >
>>
>> > _______________________________________________
>>
>> > Ws2-hr mailing list
>>
>> > 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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>>
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