[CCWG-ACCT] Report on Lawyers Call re Human Rights

Greg Shatan gregshatanipc at gmail.com
Fri Jan 22 05:13:48 UTC 2016


Thanks, Holly for responding to this.

I would that ICANN's obligation to operate in accordance with "applicable
laws" has nothing to do with its current relationship to the US Government
(and I heartily disagree with the characterization of ICANN as "an
instrumentality of the state").  ICANN's obligation to operate in
accordance with applicable laws (including applicable laws that protect
Human Rights) will not change with the transition.

Greg

On Thu, Jan 21, 2016 at 8:35 PM, Gregory, Holly <holly.gregory at sidley.com>
wrote:

> Just to clarify, laws that prohibit child labor, limit the hours that
> employees may be required to work without receiving over-time pay, require
> employers to refrain from limiting the ability of employees to freely
> associate for the purpose of pursuing unionization, protect against
> discrimination on the basis of race, gender, disability, or other criteria
> -- and there are more examples-- exist in many jurisdictions and are
> examples of "applicable laws" that protect human rights.
>
> HOLLY J. GREGORY
> Partner and Co-Chair
> Global Corporate Governance & Executive Compensation Practice
>
> Sidley Austin LLP
> +1 212 839 5853
> holly.gregory at sidley.com
>
> -----Original Message-----
> From: accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] On Behalf Of Nigel
> Roberts
> Sent: Thursday, January 21, 2016 2:13 AM
> To: accountability-cross-community at icann.org
> Subject: Re: [CCWG-ACCT] Report on Lawyers Call re Human Rights
>
> So long as the 'applicable law' clause remains, ICANN will have NO legal
> obligations to respect human rights, post transition, on a literal
> construction.
>
> Therefore the proposed addition, whilst harmless, is perfectly otiose.
>
> There are many lawyers involved in proposing the 'applicable law' language.
>
> I cannot believe you do not know that there is NO 'applicable law' once
> ICANN is no longer an instrumentality of the state.
>
> Otherwise please give an example of a single legal provision on human
> rights that would fall under 'applicable law'.
>
> Just one.
>
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