[Ws2-hr] Copenhagen Drafting Team Consensus

Tue Mar 14 08:38:59 UTC 2017

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

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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
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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: 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

Article 19
www.article19.org<http://www.article19.org>

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