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

[Matthew Shears]

+ 1 Niels - I would also like to understand where we are vis-a-vis 
outside counsel on this matter and also to better understand the 
rationale behind 2b.

On 11/01/2016 21:57, Niels ten Oever wrote:
>
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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:
>
> [quote]
> 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.
>
> [/quote]
>
> 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.
>
> Best,
>
> Niels
>
>
> 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 > > > 
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>
> - -- 
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987



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