[CCWG-ACCT] Fwd: Re: [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to Human RIghts
Nigel Roberts
nigel at channelisles.net
Thu Nov 5 14:58:39 UTC 2015
Reposting to the WG as requested . . .
-------- Original Message --------
Subject: Re: [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to
Human RIghts
Date: Thu, 05 Nov 2015 14:39:48 +0000
From: Nigel Roberts <nigel at channelisles.net>
Organization: CI Domain Registry
To: wp4 at icann.org
Here's an example.
ICANN takes away the management of a ccTLD from a ccTLD manager in a
third world country based on false representations from a third party.
The responsible person at the manager has little English and is in any
event under the pressure of threatened harm to himself or his staff if
he objects. ICANN locates a 12 month old copy of the registry database
and passes it to the new manager who starts operations out of North
America, selling the domains for profit to California startups.
(NB: This is a portmanteau stitched together from various situations, so
is entirely hypothetical for our purposes).
ICANN has on the face of things, infringed at least on two fundamental
rights here - intellectual property, and the right to a fair hearing.
Your proposed wording could easily be used to eliminate any consequences
from this.
On 05/11/15 14:26, Nigel Roberts wrote:
> I'm fine with the first sentence.
>
> It's the subsequent qualifiers that could easily be interpreted to mean
> ICANN can ignore it in practice that seem problematic to me.
>
> But no doubt others are better at expressing this than I.
>
> On 05/11/15 14:15, Greg Shatan wrote:
>> Our very first sentence says that ICANN will respect Human RIghts. Still
>> not seeing the issue.
>>
>> On Thursday, November 5, 2015, Nigel Roberts <nigel at channelisles.net
>> <mailto:nigel at channelisles.net>> wrote:
>>
>> The description for the role of private entities is "not at all,
>> unless committed to by the private entity". So there's a major
>> misunderstanding, as there is in the role played by ICANN as regards
>> ccTLDs.
>>
>> Here's a better formulation (from a US private corporation, no less)
>>
>> "ExxonMobil actively promotes respect for human rights and is
>> committed to complying with all applicable laws and regulations. "
>>
>> On 05/11/15 13:44, Greg Shatan wrote:
>>
>> Nigel,
>>
>> Can you explain your issue? I can't discern it from your
>> statement.
>>
>> If it's with the "protect or enforce" language, it's my
>> understanding
>> that those roles are played by governments, while the descriptor
>> for the
>> role of private entities is "respect." I think our document
>> makes that
>> clear, but if it could be clearer, your suggestions are
>> appreciated.
>>
>> Thanks!
>>
>> Greg
>>
>> On Thursday, November 5, 2015, Nigel Roberts
>> <nigel at channelisles.net
>> <mailto:nigel at channelisles.net>> wrote:
>>
>> I have to say that I am rather dissatisfied with this camel.
>>
>> I see it translates as
>>
>> "Within its mission and in its operations, ICANN will
>> respect
>> internationally recognized human rights. But really it
>> won't."
>>
>> Thus qualifer, which will eviscerate any commitment
>> whatsoever to
>> basic standards of respect for human rights in a privatised
>> ICANN,
>> means that ICANN is not worthy of transition until a
>> meaningful
>> committment is produced.
>>
>>
>> On 03/11/15 13:58, McAuley, David wrote:
>>
>> I also want to thank Tatiana, Greg, Niels, Leon, and
>> Matthew for
>> this.
>>
>> I had a long-planned family event and did not see this
>> final version
>> until our CCWG call(1am my time) and so I probably
>> surprised you by
>> asking for a tweak. Sorry to take you by surprise like
>> that.
>>
>> Here is the paragraph I sought a tweak on:
>>
>> /Within its mission and in its operations, ICANN will
>> respect
>> internationally recognized human rights. This
>> commitment does
>> not in any
>> way create an obligation for ICANN, or any entity
>> having a
>> relationship
>> with ICANN, to protect or enforce human rights. In
>> particular,
>> this does
>> not create any obligation for ICANN to respond to or
>> consider any
>> complaint, request or demand seeking the enforcement of
>> human
>> rights by
>> ICANN./
>>
>> //
>>
>> My concern was that the phrase */or any entity having a
>> relationship
>> with ICANN* / in the second sentence did not appear in
>> the third
>> before
>> the words “/to respond”/.
>>
>> Yes, that would add to the “clunkiness” of the wording
>> but the
>> concern
>> (the usual suspect) is that complainants lawyers will
>> pick that
>> difference apart to the great detriment of those
>> having a
>> relationship
>> with ICANN. And that is why I ask for the change – and
>> am glad our
>> outside counsel will have a go at this in the end.
>>
>> Again, many thanks all.
>>
>> David McAuley
>>
>> *From:*wp4-bounces at icann.org
>> [mailto:wp4-bounces at icann.org] *On
>> Behalf
>> Of *León Felipe Sánchez Ambía
>> *Sent:* Monday, November 02, 2015 8:51 PM
>> *To:* Greg Shatan
>> *Cc:* acct-staff at icann.org; wp4 at icann.org
>> *Subject:* Re: [Wp4] WP4 Deliverable: Elaborating an
>> ICANN
>> Commitment to
>> Human RIghts
>>
>> Dear Greg,
>>
>> Thank you, Tatiana, Niels, Matthew and David for this
>> new
>> document. I
>> think it's a great document that, from my perspective,
>> appropriately
>> reflects the work done in our WP4 and suggests concrete
>> solutions and
>> steps forward.
>>
>> Will wait for others to comment but I would say it's ok
>> to be
>> delivered
>> and shared with the larger CCWG.
>>
>> Thanks to all in the WP. You have all made an
>> outstanding job!
>>
>> Kind regards ,
>>
>> León
>>
>>
>> El 02/11/2015, a las 7:36 p.m., Greg Shatan
>> <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>> escribió:
>>
>> All:
>>
>> Attached are Word and PDF versions of a proposed
>> final
>> draft of the
>> deliverable of WP4, which is intended to become
>> part of the
>> next
>> Report of the CCWG.
>>
>> Niels and Tatiana and Matt went through the
>> document after
>> our call
>> and edited and resolved the proposed changes in the
>> document. I
>> followed with further edits and formatting work.
>> I believe
>> that all
>> of us sought to be neutral /rapporteurs/ carrying
>> out the
>> sense of
>> today's call and the work of our group.
>>
>> I felt that we needed a section which specifically
>> set out the
>> process and results of our discussions on
>> refining the
>> language of
>> the Bylaw, rather than leaving this to our
>> recommendations
>> in the
>> final section of the document. Therefore, I
>> took the
>> liberty of
>> creating such a section, and hope that you will
>> find that this
>> section reflects our work.
>>
>> This document also remains available on Google
>> Drive.
>>
>> I look forward to any comments.
>>
>> Best regards,
>>
>> Greg
>>
>> <Elaborating an ICANN Commitment to Human
>> Rights.docx>
>>
>> <Elaborating an ICANN Commitment to Human
>> Rights.pdf>
>>
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