[CCWG-ACCT] draft language for certification to lawyers on HR question

Thomas Rickert thomas at rickert.net
Wed Jan 6 13:13:58 UTC 2016

as discussed during yesterday’s CCWG call, please find below the draft certification language to be sent to the lawyers with respect to the human rights recommendation and the Board’s concerns about legal risks. I plan to certify at 14.00 UTC tomorrow.

The ICANN Board has raised concerns that the proposed inclusion of language in the bylaws with respect to human rights might lead to an increased risk of ICANN being exposed to legal claims or even law suits.

We would appreciate if you could provide us with a brief assessment and suggestions on how such risk can be mitigated. It is our understanding that human rights have been indirectly referred to in ICANN's bylaws already, so please also indicate whether (according to your assessment) the language that shall be added to the bylaws according to our 3rd report is establishing a new risk or an increased risk, if any.

Kind regards,
Thomas Rickert

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