[Ws2-hr] Drafting Team member - Suggested Text [renamed subject line]

[Kavouss Arasteh]

David
If the proposed text received supèport from all parties, I have no
difficulty to retain Could
Kavouss

On Wed, Aug 9, 2017 at 7:38 PM, McAuley, David via Ws2-hr <ws2-hr at icann.org>
wrote:

> Thank you for the question, Kavouss.
>
>
>
> My personal preference as a drafting team member would be to retain
> “could.”  I understand it to more definitely represent an option – an
> alternative that could be chosen, but might not be.
>
>
>
> “May,” to my thinking, could be read to indicate something that will
> happen, especially in a legal context.
>
>
>
> Best wishes,
>
> David
>
>
>
> David McAuley
>
> Sr International Policy & Business Development Manager
>
> Verisign Inc.
>
> 703-948-4154 <(703)%20948-4154>
>
>
>
> *From:* Kavouss Arasteh [mailto:kavouss.arasteh at gmail.com]
> *Sent:* Wednesday, August 09, 2017 1:28 PM
> *To:* McAuley, David <dmcauley at Verisign.com>
> *Cc:* ws2-hr at icann.org
> *Subject:* [EXTERNAL] Re: [Ws2-hr] Drafting Team member - Suggested Text
> [renamed subject line]
>
>
>
> David, Thank It is good.
>
> Is it possible to replace " Could 2 BY "May" to make it quite clear that
> the action is optional
>
> Regards
>
> Kavouss
>
>
>
> On Wed, Aug 9, 2017 at 7:20 PM, McAuley, David via Ws2-hr <
> ws2-hr at icann.org> wrote:
>
> As part of the drafting team recruited yesterday during the call, I would
> like to suggest text to consider (BTW – I don’t think there is a separate
> “drafting team” email list for this discrete effort).
>
> BACKGROUND:
>
> Here is text as proposed by Niels prior to our call yesterday (the
> original text is in his email forwarded below):
>
> 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.
>
> I suggested a different text on list yesterday but I have tweaked it in my
> latest suggested text below to take account of two points Kavouss made on
> list.
>
> First, I use the word “mechanism” instead of “framework” and I add a
> reference to voluntary remediation, agreeing with Kavouss to attempt to
> address comments by several country reps to the group.
>
> MY LATEST SUGGESTED TEXT:
>
> 3.1 When examining its operations, ICANN the organization could consider
> using a mechanism like the UNGPs as well as specific instruments such as
> HRIAs to assess its impact on Human Rights. It could also consider, in
> appropriate cases, voluntary remediation efforts. However, it is up to
> ICANN the organization to decide whether to do so, and if so how (i.e.,
> choosing the most appropriate framework, instrument, or remediation
> effort). The results of ICANN the organization's analysis should be
> reflected in ICANN’s annual reporting.
>
> Best regards,
> David
>
> David McAuley
> Sr International Policy & Business Development Manager
> Verisign Inc.
> 703-948-4154
>
> -----Original Message-----
> From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On
> Behalf Of Niels ten Oever
> Sent: Tuesday, August 08, 2017 3:55 PM
> To: ws2-hr at icann.org
> Subject: [EXTERNAL] [Ws2-hr] red line
>
> Hi all,
>
> Original text:
>
> 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 develop and implement. The results
> of such HRIAs should be reflected in ICANN’s annual reporting.
>
> Text proposed by me on the call:
>
> 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.
>
> I am greatly looking forward to the suggestion of the drafting team.
>
> Best,
>
> Niels
>
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
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