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

[Thomas Rickert]

Niels,
We trust it has been checked for risks, but since the Board has raised the issue and possible added new ideas to the discussion of risks, we should have this double-checked.

Best,
Thomas

---
rickert.net


> Am 06.01.2016 um 14:51 schrieb Niels ten Oever <lists at digitaldissidents.org>:
> 
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> If you would permit me, I have a small process question:
> 
> The proposed text on human rights in the CCWG report has already been
> reviewed by lawyers (at the time it was prepared by WP4). Were these
> the same lawyers that will answer the proposed question underneath? If
> so, have they not checked for these risks the last time? If so, this
> could save us some time.
> 
> Best,
> 
> Niels
> 
>> On 01/06/2016 02:41 PM, Niels ten Oever wrote:
>> 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
>> language:
>> 
>> 
>> ***
>> 
>> 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
>> 
>> 
>> _______________________________________________ 
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> - -- 
> Niels ten Oever
> Head of Digital
> 
> Article 19
> www.article19.org
> 
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