[Ws2-hr] Copenhagen Drafting Team Consensus

Tue Mar 14 17:49:21 UTC 2017

+1 Paul's  comment on Anne's principle of proportionality

RD

On Tuesday, March 14, 2017, Paul McGrady <policy at paulmcgrady.com> wrote:

> Thanks Anne.  Thanks Niels.
>
> Niels, I hope that you will reconsider calling this document a "consensus"
> document until we have a chance to talk through it on our next couple of
> calls.  Not everyone was able to make it to the face to face due to ICANN
> scheduling outside of the main meeting dates, thus pushing our work to the
> margins.  To indicate that those of us who weren't able to be there consent
> to this document without the chance for meaningful review and discussion
> may be a smidge too far.  :)
>
> All, I agree with Anne's intervention regarding the glaring absence in
> this document of the Principle of Proportionality.  Let's please explore
> this in our next call.  It appears to be vital.
>
> Kind regards,
> Paul
>
>
>
> -----Original Message-----
> From: ws2-hr-bounces at icann.org <javascript:;> [mailto:
> ws2-hr-bounces at icann.org <javascript:;>] On Behalf Of Aikman-Scalese, Anne
> Sent: Tuesday, March 14, 2017 9:18 AM
> To: 'Niels ten Oever' <lists at nielstenoever.net <javascript:;>>; ws2-hr <
> ws2-hr at icann.org <javascript:;>>
> Subject: Re: [Ws2-hr] Copenhagen Drafting Team Consensus
> Importance: High
>
> 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 <javascript:;>
> _______________________________
>
> 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 <javascript:;> [mailto:
> ws2-hr-bounces at icann.org <javascript:;>] 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/1rDYyuXacrSYDtlSK5JqNQe7XOX2Lb
> M86AzfDay8zpoE/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
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