[Ws2-hr] Suggested revision from drafting team

Tue Aug 15 17:52:55 UTC 2017

Agree with this text. The main point I am interested in here is that if gTLD policy  is impacted, then Human Rights assessments and policy must be developed in accordance with the Multi—Stakeholder Model.  ICANN is not in fact a business.  Businesses work top-down.  Registry operators run businesses and registrars run businesses.  These business entities can distinguish themselves in the marketplace by adopting the United Nations Guiding Principles for businesses.

Certainly no one could object to ICANN electing to assess its internal operations using Ruggie – and that I think is the item that is being clarified in response to the comments filed by the governments.  ICANN the organization is free to use UNGP, but when it comes to gTLD policy, that has to be developed “bottom-up”.

While I may personally be in favor of certain Ruggie Principles applying to ICANN’s conduct within the organization, and especially Principle 18 as previously noted, I would not be able to support an approach which seeks to impose Ruggie Principles by causing ICANN to require registries and registrars to comply with them.  This approach  is definitely  not consistent with the Multi-Stakeholder Model.

Anne

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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From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On Behalf Of Kavouss Arasteh
Sent: Tuesday, August 15, 2017 10:49 AM
To: <Jorge.Cancio at bakom.admin.ch>
Cc: <ws2-hr at icann.org>
Subject: Re: [Ws2-hr] Suggested revision from drafting team

David,
My condolence as your text is unacceptable to me and in no way ,even considered the comments made by three GAC members .
The text is totally refused and categorically rejected as not only does not address those comment but it totally biased.
Regards
Kavouss

On Tue, Aug 15, 2017 at 7:25 PM, <Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>> wrote:
Dear all,

may I kindly request clarification this addition tries to address the comments made by three Governments during the public comment period? - I thought that the intention of this exercise was to find some compromise text bridging the gap to the positions expressed in the mentioned governmental inputs.

Could you please help?

Regards

Jorge

________________________________

Von: McAuley, David via Ws2-hr <ws2-hr at icann.org<mailto:ws2-hr at icann.org>>
Datum: 15. August 2017 um 18:09:50 MESZ
An: ws2-hr at icann.org<mailto:ws2-hr at icann.org> <ws2-hr at icann.org<mailto:ws2-hr at icann.org>>
Betreff: [Ws2-hr] Suggested revision from drafting team

Hi Niels,

The drafting team (Anne, Tatiana, Greg, Matthew, and I) suggests this text below.

However, note that Anne has not yet given final approval of this text and thus may differ.

Given the desire to get text out for consideration and the earliness of the hour in Anne’s time-zone we felt we should send the text now, subject to that one notation.

SUGGESTED TEXT:
"3.1 When examining its internal operations, ICANN the organization could, if it so chooses, consider using a mechanism to assess its impact on Human Rights. Whether and, if so, what mechanism to choose is solely up to ICANN the organization to decide. No such assessment should directly or indirectly impact gTLD policy formation or execution without being fully consistent with existing processes and protocols.  The results of the organization's analysis should be reflected in its annual reporting"
Best regards,
David

David McAuley
Sr International Policy & Business Development Manager,
Verisign Inc.
703-948-4154<tel:703-948-4154>
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