[Ws2-hr] Suggested revision from drafting team
Jorge.Cancio at bakom.admin.ch
Jorge.Cancio at bakom.admin.ch
Tue Aug 15 18:05:31 UTC 2017
Dear Anne, dear all,
None of the comments filed talked about imposing UNGP to third parties - that is just a straw dog... The comments are quite more sophisticated than that.
May I request clarification where the UNGP are referred to in the new suggested text? Perhaps I'm missing that...
regards
Jorge
________________________________
Von: Aikman-Scalese, Anne <AAikman at lrrc.com>
Datum: 15. August 2017 um 19:53:58 MESZ
An: 'Kavouss Arasteh' <kavouss.arasteh at gmail.com>, Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>
Cc: <ws2-hr at icann.org>
Betreff: RE: [Ws2-hr] Suggested revision from drafting team
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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