[CCWG-ACCT] DOCUMENT - Rec 6 – Human Rights (first reading)

Niels ten Oever lists at nielstenoever.net
Mon Jan 11 21:57:06 UTC 2016

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Dear co-chairs,

Thanks a lot for this. Nonetheless there are some issues with the
document you attached to your email:

0. Did we already hear back from the lawyers on the folllwing questions:

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.


If not, I am not sure how useful it is to have this discussion now.
Unless we're having the discussion on the basis of the premisse that the
lawyers had already checked the text before we submitted it for comment
and we thus can conclude that the risks that are implied by the board
are not realistic.

1. Concerning 2a - Why is the GPI discussion conflated with the human
rights discussion? I don't think it will help solve either of the issues.

2. Concerning 2b - I think 'defer' is meant here?

Looking forward to the discussion in a few hours.



On 01/11/2016 05:01 PM, Alice Jansen wrote:
> _Sent on behalf of CCWG-ACCT Co-Chairs_
> In preparation for your R/ecommendation 6 – Human Rights (first
reading)/ discussion scheduled for your call #76 - Tuesday, 12 January
2016 (06:00 – 09:00 UTC) - please find attached the material to review.
> Please use this email thread to circulate any comments you may have in
advance of the call.
> Thank you
> Mathieu, Thomas, León
> _______________________________________________
> 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

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