[Ws2-hr] [CCWG-ACCT] HR subgroup question to CCWG plenary

Wed Jan 4 21:56:11 UTC 2017

All,

The first issue raised in this thread is a fact question with regard to
what Annex 6 and Annex 12 actually say.  I've gone back and looked at the
Final Report and Annexes, dated February 23. Unfortunately, based on this
review, there appear to be some errors in the email.  It appears that an
earlier version of CCWG Final Report and Annexes might have been used to
grab the text quoted in the email.

In Annex 6, *Paragraph 28* (not *Paragraph 14*) contains the operative
language.  It is almost, but not quite, the same as the language quoted in
the email.  In either case, the paragraph does not contain the "if any"
identified by Brett Schaeffer.  This paragraph is part of a section
entitled "Detailed Explanation of Recommendations," in a subsection
entitled "Operationalizing the Commitment to Respect Human Rights."
 However, this paragraph is probably not the right one to quote from Annex
6, as there is another similar paragraph (*Paragraph 7*) in Annex 6, but
it's in the section entitled "CCWG-Accountability Recommendations,"  which
would seem to make it more authoritative than Paragraph 28.  Paragraph 7
*does* contain the "if any" identified by Brett.

Paragraph 7 reads as follows:

o   Include the following in Work Stream 2 activities:

§  Develop an FOI-HR for the Human Rights Bylaw.

§  Consider which specific Human Rights conventions or other instruments,
if any, should be used by ICANN in interpreting and implementing the Human
Rights Bylaw.

§  Consider the policies and frameworks, if any, that ICANN needs to
develop or enhance in order to fulfill its commitment to respect Human
Rights.

§  Consistent with ICANN’s existing processes and protocols, consider how
these new frameworks should be discussed and drafted to ensure broad
multistakeholder involvement in the process.

§  Consider what effect, if any, this Bylaw will have on ICANN’s
consideration of advice given by the Governmental Advisory Committee (GAC).

§  Consider how, if at all, this Bylaw will affect how ICANN’s operations
are carried out.

§  Consider how the interpretation and implementation of this Bylaw will
interact with existing and future ICANN policies and procedures.

Paragraph 28 reads as follows:

28      The Human Rights-related activities to be addressed in Work Stream
2 are:

   - Developing an FOI-HR for the Bylaw.
      - Considering which specific Human Rights conventions or other
      instruments should be used by ICANN in interpreting and implementing the
      Bylaw.
      - Considering the policies and frameworks, if any, that ICANN needs
      to develop or enhance in order to fulfill its commitment to respect Human
      Rights.
      - Considering how these new frameworks should be discussed and
      drafted to ensure broad multistakeholder involvement in the process,
      consistent with ICANN’s existing processes and protocols.
      - Considering what effect, if any, this Bylaw will have on ICANN’s
      consideration of advice given by the GAC.
      - Considering how, if at all, this Bylaw will affect how ICANN’s
      operations are carried out once an FOI-HR is developed by the
      CCWG-Accountability as a consensus recommendation in Work Stream 2
      (including Chartering Organizations’ approval) and the FOI-HR is approved
      by the ICANN Board using the same process and criteria it has
committed to
      use to consider the Work Stream 1 recommendations
      - Considering how the interpretation and implementation of this Bylaw
      will interact with existing and future ICANN policies and procedures.

It appears that the "if any" was added to Paragraph 7 in the CCWG draft of
February 17, but the conforming change to paragraph 28 was never made.

Annex 12 is also not accurately quoted.  In the final version, *Paragraph
24* (not *Paragraph 18*) *does* contain the "if any" identified by Brett.
Paragraph 24 differs slightly from the quoted Paragraph 18 in other ways as
well.  It reads:

24      To ensure that adding the proposed Human Rights Bylaw provision
into the ICANN Bylaws does not lead to an expansion of ICANN’s Mission or
scope, the CCWG -Accountability will develop a Framework of Interpretation
for Human Rights (FOI-HR) as a consensus recommendation in Work Stream 2 to
be approved by the ICANN Board using the same process and criteria as for
Work Stream 1 recommendations, and the Bylaw provision will not enter into
force before the FOI-HR is in place. The CCWG-Accountability will consider
the following as it develops the FOI-HR:

·           Consider which specific Human Rights conventions or other
instruments, if any, should be used by ICANN in interpreting and
implementing the Human Rights Bylaw.

·           Consider the policies and frameworks, if any, that ICANN needs
to develop or enhance in order to fulfill its commitment to respect Human
Rights.

·           Consistent with ICANN’s existing processes and protocols,
consider how these new frameworks should be discussed and drafted to ensure
broad multistakeholder involvement in the process.

·           Consider what effect, if any, this Bylaw would have on ICANN’s
consideration of advice given by the Governmental Advisory Committee (GAC).

·           Consider how, if at all, this Bylaw will affect how ICANN’s
operations are carried out.

·           Consider how the interpretation and implementation of this
Bylaw will interact with existing and future ICANN policies and procedures.

It probably makes sense to send a revised letter with accurate quotations
to the CCWG-Plenary, which doesn't meet for another week.  I'm happy to
prepare one and circulate it to the group.

Apologies for the length of this email, but it's mostly quotes.

Greg

On Wed, Jan 4, 2017 at 3:17 PM, Nigel Roberts <nigel at channelisles.net>
wrote:

> Just because you insist on something doesn't make you right.
>>>
>>
> There's a saying in panto, which is traditional in this country at this
> time of year:  "OH YES, IT DOES!"
>
> Actually, however, indeed, no, it doesn't.
>
> ------------------------------------------------------------------------
>
> Man (Michael Palin): An argument isn't just contradiction.
>>
>> Mr. Vibrating (John Cleese): It can be.
>>
>> Man: No it can't. An argument is a connected series of statements
>> intended to establish a proposition.
>>
>> Mr. Vibrating: No it isn't.
>>
>> Man: Yes it is! It's not just contradiction.
>>
>> Mr. Vibrating: Look, if I argue with you, I must take up a contrary
>> position.
>>
>> Man: Yes, but that's not just saying 'No it isn't.'
>>
>> Mr. Vibrating: Yes it is!
>>
>> Man: No it isn't!
>>
>> Man: Argument is an intellectual process. Contradiction is just the
>> automatic gainsaying of any statement the other person makes.
>>
>> (short pause)
>>
>> Mr. Vibrating: No it isn't.
>>
>> Man: It is.
>>
>> Mr. Vibrating: Not at all.
>>
>> Man: Now look!.                 (MONTY PYTHON: THE ARGUMENT CLINIC)
>>
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