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

Niels ten Oever lists at digitaldissidents.org
Wed Jan 6 13:41:36 UTC 2016


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Hi all,

I would like to thank the co-chairs for their suggestion at the end of
yesterdays call. Please allow me to make some suggestions to the languag
e:

***

In their comment to the 3rd CCWG draft report 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
whether the inclusion of these bylaws would increase the risk of ICANN
being exposed to legal claims or even law suits vis a vis the current
situation (taking into account the existing obligations under article
4 of ICANNs articles of incorporation), and if so, how such risk could
be mitigated.

***

Best,

Niels



On 01/06/2016 02:13 PM, Thomas Rickert wrote:
> All, 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
> 
> 
> 
> _______________________________________________ 
> Accountability-Cross-Community mailing list 
> Accountability-Cross-Community at icann.org 
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
> 
- -- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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