[Ws2-hr] Copenhagen Drafting Team Consensus

Tue Mar 14 09:07:02 UTC 2017

Dear all,

There might be some confusion.

The next meeting of our subgroup is Tuesday March 21 19:00 UTC in our
usual Adobe Connect room. This is where we will discuss the
Considerations document.

The letter from SSAC was addressed to the CCWP-HR, which has a meeting
Wednesday 15 here in Copenhagen, where an SSAC member will join and
discuss the letter.

Best,

Niels

On 03/14/2017 09:38 AM, Schweighofer Erich wrote:
> Thanks, Niels. There is not much time to consider in detail a
> document mit huge implications for policy development for all groups
> in ICANN. I propose to give more time for reflexion and comment.
> 
> 
> 
> For me, there is too much open texture about human rights commitments
> but much too strong and powerful procedural elements.
> 
> It is important to fight for human rights but – as a organisation
> with a public interest – we should leave these discusssions about
> human rights commitments to many other fora in human rights and
> accept the consensus achieved there (with its many, many open
> questions, only to mention the reservations to human rights
> treaties). It may be unsatisfactory but it has worked quite well and
> respects also the jurisdictional questions.
> 
> 
> 
> Best, Erich
> 
> 
> 
> 
> 
> ao. Univ.-Prof. Mag. DDr. Erich Schweighofer Arbeitsgruppe
> Rechtsinformatik / Centre for Computers and Law Institut für
> Europarecht, Internationales Recht und Rechtsvergleichung /
> Department of European, International and Comparative Law Universität
> Wien / University of Vienna Schottenbastei 10-16/2/5, 1010 Wien, AT 
> Tel. +43 1 4277 35305, Fax +43 1 4277 9353 
> Erich.Schweighofer at univie.ac.at http://rechtsinformatik.univie.ac.at
> 
> IRIS2017 - 20 Jahre, 23.-25.02.2017, Salzburg 
> https://www.univie.ac.at/RI/iris17 ENISA Annual Privacy Forum
> APF2017, 07.-08.06.2017, Wien http://privacyforum.eu/
> 
> 
> 
> Von: Aikman-Scalese, Anne<mailto:AAikman at lrrc.com> Gesendet:
> Dienstag, 14. März 2017 09:18 An: 'Niels ten
> Oever'<mailto:lists at nielstenoever.net>;
> ws2-hr<mailto:ws2-hr at icann.org> Betreff: Re: [Ws2-hr] Copenhagen
> Drafting Team Consensus Wichtigkeit: Hoch
> 
> 
> 
> Niels, I must take objection to your characterization of this
> document as a "consensus" document for the drafting team.  As you
> know, I have continued to insist on two "Considerations" that are not
> addressed here:
> 
> 1. The need to refer to a "balancing" of Human Rights considerations
> in ICANN's processes and protocols in relation to policy making.  I
> do not know why several on the drafting team continued to resist this
> well-accepted concept in Human Rights law in Saturday evening's
> drafting team meeting.  In connection with the presentations on Data
> Protection made by representatives from the Council of Europe, this
> was referred to as the Principle of Proportionality in Human Rights
> law.   In this regard, further discussion with Alessandra Pierucci of
> the Council of Europe was quite helpful.  For more information on
> this Principle of Proportionality in the context of ICANN and Rights
> Protection Mechanisms,  please see this publication from an expert in
> Denmark:
> 
> https://www.humanrights.dk/research/list-of-publications/human-rights-balancing-principle-proportionality
>
> 
> 
> 2. The group has given no "Consideration" to date regarding what
> Ruggie calls the "grievance procedures" necessary to any Human Rights
> accountability effort.  It is clear from the Core Value language that
> the Request for Reconsideration and Independent Review Process is
> intended to be available for claims that Board decisions violate
> Human Rights.  The question is whether there is an earlier and less
> formal route for conflict resolution as contemplated by the Empowered
> Community structure.  Thus, there is a need to at least note this
> issue in the "Considerations" for ICANN processes and protocols.  I
> am not suggesting that our group address this issue, but we must note
> in "Considerations" that it needs to be addressed by later working
> groups.
> 
> 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: ws2-hr-bounces at icann.org
> [mailto:ws2-hr-bounces at icann.org] On Behalf Of Niels ten Oever Sent:
> Monday, March 13, 2017 1:20 PM To: ws2-hr Subject: [Ws2-hr]
> Copenhagen Drafting Team Consensus
> 
> Dear all,
> 
> The drafting team has been working hard during evening and early
> morning meetings and managed to come to a drafting team consensus of
> the considerations document, for your consideration.
> 
> You can find the document attached and at the following link:
> 
> https://docs.google.com/document/d/1rDYyuXacrSYDtlSK5JqNQe7XOX2LbM86AzfDay8zpoE/edit?usp=sharing
>
>  If you have questions, comments or suggestions, feel please bring
> them up on the list or in our upcoming meeting. But also feel free to
> approach the members of the drafting team during ICANN58 Copenhagen
> for more background.
> 
> All the best,
> 
> Niels
> 
> --
> 
> Niels ten Oever Head of Digital
> 
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-- 
Niels ten Oever
Head of Digital

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