[Ws2-hr] Proposed Agenda FIRST READING considerations document Feb 28 19:00 UTC

Aikman-Scalese, Anne AAikman at lrrc.com
Tue Feb 28 20:03:16 UTC 2017


GAC absolutely does, from a practical standpoint, develop policies.  It is mandated to advise the ICANN Board with respect to public policy and that results in policy recommendations.  These public policy recommendations have special effect under the ByLaws when they are Consensus policies as to which the Board is advised.

It is fiction that the GAC does not develop policy.  Public policy is the role of the GAC.  It directly affects gTLD policy.  Otherwise, no GAC safeguards would exist as to certain strings, e.g. .bank, etc. etc. etc.  Thank goodness for the GAC.  Consumers would be in big trouble without the GAC and consumer trust and confidence is already challenged on the Internet.
Anne

Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman at lrrc.com
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Lewis Roca Rothgerber Christie LLP
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-----Original Message-----
From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On Behalf Of Niels ten Oever
Sent: Tuesday, February 28, 2017 11:49 AM
To: Kavouss Arasteh
Cc: <ws2-hr at icann.org>
Subject: Re: [Ws2-hr] Proposed Agenda FIRST READING considerations document Feb 28 19:00 UTC

Dear Kavouss,

There are no policies developed in the GAC, so this makes the GAC different from the GNSO, CCNSO, and ASO, right?

Best,

Niels

On Tue, Feb 28, 2017 at 07:36:16PM +0100, Kavouss Arasteh wrote:
> Dear Niels,
> I understand that the question referring to GAC Advice  then pls add
> the same text to the Policy development under GNSO and CCNSO by
> replacing GAC by these two entities.
> I have proposed that version earlier but you did not consider it.
> What I wish is to treat all entities providing Recommendations and
> Advice EQUALY.
> Some GNSO, IPC, ccNSO participants pushing to marginalize GAC again.
> Pls kindly understand the problem
> Regards
> Kavouss
>
>
> 2017-02-28 12:38 GMT+01:00 Niels ten Oever <lists at nielstenoever.net>:
>
> > Dear Kavouss,
> >
> > On 02/28/2017 10:03 AM, Kavouss Arasteh wrote:
> > > Dear Niels,
> > > Thank you very much for the file.
> > > I still have serious difficulties to treat  GNSO and ccNSO
> > > Recommendations from  GAC Advice. Unless all three are not treated
> > > equally , I would continue to object to the texts proposed.
> >
> > The consideration is responding to a direct question about the GAC,
> > that is why only GAC is explicitly mentioned there.
> >
> >
> > > I also have problem with the term " HUMAN RIGHTS BYLAW as there is
> > > no Bylaw for human rights .Perhaps we should say Human Rights
> > > mentioned in Bylaw.
> >
> > OK, I propose that we consistently use Human Rights Core Value, so
> > that there will be no confusion about what is meant.
> >
> > > I therefore attaching my comments in a revised version of the
> > > doc.,
> >
> > Thanks,
> >
> > Niels
> >
> > > Regards
> > > Kavouss
> > >
> > >
> > > 2017-02-28 8:26 GMT+01:00 <Jorge.Cancio at bakom.admin.ch
> > > <mailto:Jorge.Cancio at bakom.admin.ch>>:
> > >
> > >     Dear Niels and all____
> > >
> > >     __ __
> > >
> > >     Further to the comment below, please find attached a version of the
> > >     document with further suggestions and comments/questions (which I
> > >     have also included in the Google Doc).____
> > >
> > >     __ __
> > >
> > >     It is unfortunate that I can no longer attend the meetings as they
> > >     always are at the same time and at least in Europe fall in the
> > >     evening, where other commitments and obligations of a different
> > >     nature are due. Maybe we could reconsider the non-rotation of the
> > >     meetings…____
> > >
> > >     __ __
> > >
> > >     Nonetheless, I hope that these comments may be taken on board during
> > >     today’s call. ____
> > >
> > >     __ __
> > >
> > >     @staff: please mention my comments during the call, as if I was
> > >     there J____
> > >
> > >     __ __
> > >
> > >     Kind regards____
> > >
> > >     __ __
> > >
> > >     Jorge ____
> > >
> > >     __ __
> > >
> > >     __ __
> > >
> > >     __ __
> > >
> > >     *Von:*Cancio Jorge BAKOM
> > >     *Gesendet:* Dienstag, 28. Februar 2017 06:38
> > >     *An:* Niels ten Oever <lists at nielstenoever.net
> > >     <mailto:lists at nielstenoever.net>>; ws2-hr at icann.org
> > >     <mailto:ws2-hr at icann.org>
> > >     *Betreff:* AW: [Ws2-hr] Proposed Agenda FIRST READING considerations
> > >     document Feb 28 19:00 UTC____
> > >
> > >     __ __
> > >
> > >     Dear Niels____
> > >
> > >     __ __
> > >
> > >     While I will not be able to attend the call this evening, I disagree
> > >     with the wording of this sentence:____
> > >
> > >     __ __
> > >
> > >     "However, there was not sufficient support to recommend the
> > >     application of the UN Guiding Principles for the /interpretation /of
> > >     the Bylaw."____
> > >
> > >     __ __
> > >
> > >     The WG did not reach consensus or did not reach agreement - which is
> > >     the way we worked. Saying that "there was not sufficient support"
> > >     mischaracterizes the way we work(ed) and may imply that there was
> > >     some sort of voting, which was not the case.____
> > >
> > >     __ __
> > >
> > >     Therefore I would propose the following text:____
> > >
> > >     __ __
> > >
> > >     "However, there was no agreement on whether to recommend the
> > >     application of the UN Guiding Principles for the /interpretation /of
> > >     the Bylaw."____
> > >
> > >     __ __
> > >
> > >     Hope you may take this on board.____
> > >
> > >     __ __
> > >
> > >     regards____
> > >
> > >     __ __
> > >
> > >     Jorge____
> > >
> > >     __ __
> > >
> > >     __ __
> > >
> > >     ------------------------------------------------------------
> > ------------
> > >
> > >
> > >     *Von:* Niels ten Oever <lists at nielstenoever.net
> > >     <mailto:lists at nielstenoever.net>>
> > >     *Datum:* 28. Februar 2017 um 01:16:01 MEZ
> > >     *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] Proposed Agenda FIRST READING considerations
> > >     document Feb 28 19:00 UTC____
> > >
> > >     __ __
> > >
> > >     Dear all,
> > >
> > >     It is with great pleasure that I can share with you the draft
> > > agenda
> > for
> > >     the meeting of February 28, 19:00 UTC.
> > >
> > >     The drafting group worked hard after the constructive session
> > > last
> > week.
> > >     With this document we might have arrived at a new milestone.
> > >
> > >     I am very much looking forward to have a first reading of the
> > >     Considerations document with you in the call. As previously
> > discussed,
> > >     the Consideration document will be merged into one document
> > > with the
> > FoI
> > >     upon approval by the subgroup.
> > >
> > >     I am greatly looking forward to discuss this with you on the call.
> > >
> > >     Please find the proposed agenda underneath and attached, as
> > > well as
> > the
> > >     document.
> > >
> > >     1. Administrivia
> > >     Roll call, absentees, SoIs, etc
> > >     2. First reading (of two) of the Considerations document
> > > prepared by
> > the
> > >     drafting team
> > >     3. AOB
> > >
> > >     The document can also be found here:
> > >
> > > https://docs.google.com/document/d/1KJfmglI5wBib7T5hgIMMysO7x6J3O
> > i5NYwN4AItZjkY/edit
> > >
> > > <https://docs.google.com/document/d/1KJfmglI5wBib7T5hgIMMysO7x6J3O
> > i5NYwN4AItZjkY/edit>
> > >
> > >     Please let me know if you have any question or suggestions.
> > >
> > >     All the best,
> > >
> > >     Niels
> > >     --
> > >     Niels ten Oever
> > >     Head of Digital
> > >
> > >     Article 19
> > >     www.article19.org <http://www.article19.org>
> > >
> > >     PGP fingerprint    8D9F C567 BEE4 A431 56C4
> > >                        678B 08B5 A0F2 636D 68E9____
> > >
> > >
> > >     _______________________________________________
> > >     Ws2-hr mailing list
> > >     Ws2-hr at icann.org <mailto:Ws2-hr at icann.org>
> > >     https://mm.icann.org/mailman/listinfo/ws2-hr
> > >     <https://mm.icann.org/mailman/listinfo/ws2-hr>
> > >
> > >
> >
> > --
> > Niels ten Oever
> > Head of Digital
> >
> > Article 19
> > www.article19.org
> >
> > PGP fingerprint    8D9F C567 BEE4 A431 56C4
> >                    678B 08B5 A0F2 636D 68E9
> >

--

Niels ten Oever
Head of Digital

Article 19
www.article19.org

PGP fingerprint    2458 0B70 5C4A FD8A 9488
                   643A 0ED8 3F3A 468A C8B3


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