[CCWG-ACCT] (no subject)

Seun Ojedeji seun.ojedeji at gmail.com
Fri Jan 15 05:13:31 UTC 2016

Hello Leon,

It may be good to post here what "option c" text looks like. Secondly, I
believe legal are only to provide legal opinion and I think the question
you ask may be better directed to the board.

On 14 Jan 2016 22:09, "León Felipe Sánchez Ambía" <leonfelipe at sanchez.mx>

> Hi Sam,
> Thanks for this input. Would you feel comfortable with option c on human
> rights?
> Best regards,
> León
> El 14/01/2016, a las 2:22 p.m., Samantha Eisner <Samantha.Eisner at icann.org>
> escribió:
> Thanks for this note.  I provide the following reaction in my role as an
> attorney with ICANN.
> The concern raised by the Board in its comments was not solely focused on
> the issue of increased potential for lawsuits or IRPs.  Rather, the Board
> focused on the *impact* of opening up ICANN to suits or IRPs based on
> human rights issues prior to having the framework for consideration of
> ICANN’s role in respecting human rights.   As Bruce explained on the 12
> January 2015 call, not having a framework leaves either courts or IRP
> panels to determine how human rights fit into ICANN’s mission.  Leaving
> ICANN’s mission open to that type of external definitional work seems
> counter to all the effort of the CCWG-Accountability to confirm ICANN’s
> narrow and limited mission.
> Including undefined commitments to human rights in the Bylaws without the
> framework to guide courts or IRP panels in how they should consider the
> scope of human rights commitments in ICANN, creates a risk for the entire
> community.  CCWG Counsel’s suggestion that IRP usage could be limited, by
> example, through “preclud[ing] claims of human rights violations that are
> not grounded in a specific violation of an applicable law”, still leaves
> the question of what law would be applicable?  How do we know that the laws
> that will be relied upon are respectful of ICANN’s limited mission?
> The question isn’t really “will ICANN be subject to more suits?”  As CCWG
> counsel noted, the potential of suit always exists.  The potential of IRPs
> being brought on human rights grounds is probably increased if there is a
> specific Bylaws mention of human rights.  However, these are not where the
> real risks occur.  The question that should be considered is “Does the
> community wish to leave the definition of ICANN’s role in human rights to
> Courts or IRP panels?".  Also, it is important to note that the Board’s
> comments do not remove the possibility of human rights being referred to in
> the Bylaws, but rather propose that consideration of that placement should
> happen after a framework is completed.
> I look forward to continuing this conversation with the CCWG.
> Best,
> Sam
> From: "Gregory, Holly" <holly.gregory at sidley.com>
> Date: Wednesday, January 13, 2016 at 4:28 PM
> To: Mathieu Weill <mathieu.weill at afnic.fr>, Thomas Rickert <
> thomas at rickert.net>, León Sánchez Ambía <leonfelipe at sanchez.mx>, "
> accountability-cross-community at icann.org" <
> accountability-cross-community at icann.org>
> Cc: "ACCT-Staff (acct-staff at icann.org)" <acct-staff at icann.org>, Sidley
> ICANN CCWG <sidleyicannccwg at sidley.com>, ICANN-Adler <
> ICANN at adlercolvin.com>, "'Rosemary E. Fei'" <rfei at adlercolvin.com>,
> Samantha Eisner <samantha.eisner at icann.org>
> Subject: <no subject>
> Dear CCWG Co-Chairs,  Members and Participants and ICANN Staff,
> Attached please find our memo responding to the certified question of
> January 11, 2016 regarding litigation risks related to the proposed human
> rights bylaws provisions.  Kind regards, Holly and Rosemary
> Partner and Co-Chair
> Global Corporate Governance & Executive Compensation Practice
> *Sidley Austin LLP*
> +1 212 839 5853
> holly.gregory at sidley.com
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