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

Wed Aug 9 19:28:37 UTC 2017

I agree with you both, but want to point out that the Ruggie “mechanism” asks that ICANN assess “all its business relationships”. Thus, if this mechanism is chosen by ICANN the organization, that would naturally include Contracted Party agreements  unless it is clear that ICANN org is not supposed to be assessing the impact of the Registry and Registrar agreements.  We don’t actually limit this assessment to ICANN’s INTERNAL operations in the current “Considerations” language.  I think there is a very good argument that ICANN’s operations include its activities in negotiating and entering into Agreements with the Contracted Parties so that is where I think we have to be clear that any mechanism used does not reach that far without SO and AC involvement.

So I would suggest, “When examining its internal operations, …

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

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Lewis Roca Rothgerber Christie LLP

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lrrc.com<http://lrrc.com/>

From: McAuley, David [mailto:dmcauley at verisign.com]
Sent: Wednesday, August 09, 2017 11:54 AM
To: sdelbianco at netchoice.org; Aikman-Scalese, Anne
Cc: ws2-hr at icann.org
Subject: RE: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line]

Agreed– that is correct Steve, what I meant

Best regards,
David

David McAuley
Sr International Policy & Business Development Manager
Verisign Inc.
703-948-4154

From: Steve DelBianco [mailto:sdelbianco at netchoice.org]
Sent: Wednesday, August 09, 2017 2:49 PM
To: Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>>; McAuley, David <dmcauley at Verisign.com<mailto:dmcauley at Verisign.com>>
Cc: ws2-hr at icann.org<mailto:ws2-hr at icann.org>
Subject: [EXTERNAL] Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line]

Anne — I think David is making a distinction between how ICANN (the corporation) implements its HR policies in its operations and compliance, versus how gNSO and ccNSO consider HR in their development of policies.

Is that right, David?   If so, this could clarify the current discussion.

From: <ws2-hr-bounces at icann.org<mailto:ws2-hr-bounces at icann.org>> on behalf of "Aikman-Scalese, Anne" <AAikman at lrrc.com<mailto:AAikman at lrrc.com>>
Date: Wednesday, August 9, 2017 at 2:33 PM
To: David McAuley <dmcauley at verisign.com<mailto:dmcauley at verisign.com>>
Cc: "ws2-hr at icann.org<mailto:ws2-hr at icann.org>" <ws2-hr at icann.org<mailto:ws2-hr at icann.org>>
Subject: Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line]

Hi David,
I still think that if ICANN org is going to adopt a "framework" to assess its impact on Human Rights, it has to go to the SOs and ACs before doing so in order to respect their role in the policy-making process.  Again, this is in the Considerations document already and it specifically refers to adoption of a "framework" so we don't want to say it is up to ICANN the organisation to make that choice of "framework" unless we mean that ICANN org must consult with SOs and ACs first.  Is that what we mean?

Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman at lrrc.com<mailto: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> [mailto:ws2-hr-bounces at icann.org] On Behalf Of McAuley, David via Ws2-hr
Sent: Wednesday, August 09, 2017 10:20 AM
To: ws2-hr at icann.org<mailto:ws2-hr at icann.org>
Subject: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line]

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> [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<mailto: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<http://www.article19.org>

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