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<p>Dear all,</p>
<p>I don't think the group at this point can "confirm that it has
completed developing the Human Rights FOI per Annex 12 of the
CCWG-Accountability WS1 Recommendations" as recommended by
co-chairs. What we have done is interpreted the text of the bylaw.
I do not believe the current version of FoI addresses all the
issues from the Annex 12, moreover. Neither do I believe it makes
bylaw operational. <br>
</p>
<p>The initial idea was that the bylaw will come into force after
the adoption of FoI. I have some difficulties to imagine how the
current FoI will really operationalise the bylaw. Even the fact
that we didn't answer all the questions from the Annex 12 in the
current version of FoE makes our task incomplete. Furthermore, we
had some issues raised on the mailing list in the beginning, like
the one from Farzaneh, about ccTLDs and Human Rights - we have not
addressed or considered these issues. The idea behind the dormant
bylaw was that it creates to much ambiguity without the FoI. The
current draft of FoI doesn't really solve this problem. <br>
</p>
<p>So the only way I see is to redraft the FoE to include everything
we have to include.</p>
<p>Happy to hear other opinions.</p>
<p>Warm regards</p>
<p>Tanya <br>
</p>
<br>
<div class="moz-cite-prefix">On 27/01/17 09:43, Niels ten Oever
wrote:<br>
</div>
<blockquote
cite="mid:e67dc194-4ecd-3cf1-ef6c-63cf23a1e62b@nielstenoever.net"
type="cite">
<pre wrap="">Dear all,
Please find underneath the message that has been shared by the co-chairs
to the plenary list yesterday. I would be very curious to hear what your
initial reaction is.
All the best,
Niels
-------- Forwarded Message --------
Subject: [CCWG-ACCT] Scope of mandate on HR FOI
Date: Thu, 26 Jan 2017 07:11:05 -0600
From: León Felipe Sánchez Ambía <a class="moz-txt-link-rfc2396E" href="mailto:leonfelipe@sanchez.mx"><leonfelipe@sanchez.mx></a>
To: CCWG Accountability <a class="moz-txt-link-rfc2396E" href="mailto:accountability-cross-community@icann.org"><accountability-cross-community@icann.org></a>
Dear all,
The Co-Chairs have considered the question from the Human Rights
sub-group regarding the scope of its mandate with respect ot WS2.
The Co-Chairs will note that although there may be some ambiguity in
interpreting the WS2 requirements for the Human Rights sub-group between
Annex 6 and Annex 12 of its WS1 recommendations that this should not be
surprising given the timeline we were working under for WS1. The
Co-Chairs will note that all the other sub-groups are referring to Annex
12 to define the scope of their work and that it would make sense from a
consistency point of view that the Human Rights sub-group do so also.
The Co-Chairs further note that some of the "considerations" requested
of the Human Rights sub-group seem rather open ended such as “Consider
how the interpretation and implementation of this Bylaw will interact
with existing and future ICANN policies and procedures.”. Although this
would certainly be an interesting intellectual exercise it is unclear
how long it would take to complete this or what effect it could actually
have on the FOI that has been produced.
Considering these and other factors the Co-Chairs would recommend that
the Human Rights sub-group confirm that it has completed developing the
Human Rights FOI per Annex 12 of the CCWG-Accountability WS1
Recommendations.
Should the sub-group feel that it should develop suggestions for ICANN
implementing the HR FOI based on its work to date the Co-Chairs would be
amenable to this and would invite the HR sub-group to submit any such
suggestions to the plenary for consideration by early May 2017, if there
was no objection from the plenary.
Best regards,
Thomas, Mathieu and León
</pre>
<br>
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<pre wrap="">_______________________________________________
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<a class="moz-txt-link-freetext" href="https://mm.icann.org/mailman/listinfo/ws2-hr">https://mm.icann.org/mailman/listinfo/ws2-hr</a>
</pre>
</blockquote>
<br>
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