[Ws2-hr] Proposed Agenda August 15 19:00 UTC

Matthew Shears matthew at intpolicy.com
Tue Aug 15 18:59:49 UTC 2017


I support the proposed text.

Couple of points: 1) The UNGP is a framework (not a mechanism) the scope 
of which goes far beyond what is in the bylaws, as was mentioned 
previously in this list and as has been discussed at considerable 
length; 2) the text rules out nothing - it merely says that ICANN the 
org will decide which tool to use (if ICANN the org were to decide to 
use the UNGP framework it would make that decision, not this WG); 3) no 
particular mechanism or tool is prescribed, nor should it be - that is a 
position the WG has been pretty clear on from the start of these 
discussions when trying to delineate between interpretation and 
implementation; 4) the suggestion of remedy or remediation has not been 
discussed nor, as far as I am aware, has it been called out in the 
public consultation submissions, and were it even agreed (and I do not 
support its inclusion) it is far beyond the remit of this group to make 
such a determination.

Matthew


On 15/08/2017 19:22, Jorge.Cancio at bakom.admin.ch wrote:
> Thanks for this information, Anne.
> I don't see any effort in addressing the three Government inputs. In our case they meant wide interministerial exchanges and consultations. Really sad to see such little accommodation to the input from three engaged Governments in the multistakeholder effort. Seems it will be difficult to explain internally how not even a mention to the universally accepted standard is included as a potential guideline for ICANN Org...
> regards
> Jorge
>
>
> ________________________________
>
> Von: Aikman-Scalese, Anne <AAikman at lrrc.com>
> Datum: 15. August 2017 um 20:09:55 MESZ
> An: 'Niels ten Oever' <lists at nielstenoever.net>, ws2-hr at icann.org <ws2-hr at icann.org>
> Betreff: Re: [Ws2-hr] Proposed Agenda August 15 19:00 UTC
>
>
> Hi Niels.  The proposed text is pasted below in blue.
>
>
>
> "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"
>
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>
> The old text (and redlined text per your suggestion at the last meeting is attached.)
>
>
>
> It appears the primary changes from the old language to the new proposed language from the drafting team are:
>
>
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> 1.       Add “if it so chooses”
>
> 2.       No specific reference to any specific assessment tool – either HRIA or UNGP
>
> 3.       Specific reference to any impact on gTLD policy formation to be consistent with existing ICANN processes and protocols
>
>
>
> Hope this helps.
>
>
>
> Anne
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> Anne E. Aikman-Scalese
>
> Of Counsel
>
> 520.629.4428 office
>
> 520.879.4725 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: Niels ten Oever [mailto:lists at nielstenoever.net]
> Sent: Tuesday, August 15, 2017 6:12 AM
> To: Aikman-Scalese, Anne; ws2-hr at icann.org
> Subject: Re: [Ws2-hr] Proposed Agenda August 15 19:00 UTC
>
>
>
> Hi Anne,
>
>
>
> Thanks for this, I reckon this means the drafting team hasn't come together and wasn't able to provide us with alternative text?
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> Anne, could you provide us with the old text, new proposed text and redline version so we have very clear what do discuss?
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> Thanks,
>
>
>
> Niels
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>
> On 08/14/2017 11:47 PM, Aikman-Scalese, Anne wrote:
>
>> Thanks Niels.  Have not heard from anyone though I raised my hand to
>> volunteer.  I propose adding the following language to whatever is
>> determined for the changed language to accommodate the public comment
>> from the governments:
>> “To the extent that the foregoing assessment may impact gTLD policy,
>> ICANN the organisation will review such mechanisms in accordance with
>> the existing processes and protocols”.
>> 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 Niels ten Oever
>> Sent: Monday, August 14, 2017 2:00 PM
>> To: ws2-hr at icann.org<mailto:ws2-hr at icann.org>
>> Subject: [Ws2-hr] Proposed Agenda August 15 19:00 UTC
>> Dear all,
>> I hope this email finds you all well. I am looking forward to discuss
>> with you tomorrow the statement prepared by the draftig team.
>> Unfortunately I haven't received the statement from them yet, but I am
>> sure they are working hard on it.
>> Please find all proposed items for the agenda below and attached:
>> 1. Administrivia
>> Roll call, absentees, SoIs, etc
>> 2. Review proposed change by drafting team 3. Discussion approach to
>> statement to CCWG 4. AOB
>> As always I'm greatly looking forward to the call, you questions and
>> suggestions.
>> All the best,
>> Niels
>> --
>> Niels ten Oever
>> Head of Digital
>> Article 19
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>
>
> --
>
> Niels ten Oever
>
> Head of Digital
>
>
>
> Article 19
>
> www.article19.org<http://www.article19.org>
>
>
>
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-- 


Matthew Shears
matthew at intpolicy.com
+447712472987
Skype:mshears



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