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

[Greg Shatan]

Avri and Andrew's emails raise a question about the fundamental intention
of this Bylaw, both generally and specificallyas it relates to policy
development:

Is the intent to maintain ICANN's commitment to Human Rights after the
transitionand provide a bulwark against any claims (well founded or
otherwise) that the transition empowers or allows ICANN to walk away from
its commitment to Human Rights?

Or is the intent to create new and different commitments to Human Rights
that do not currently exist?  Specifically, is the intent to create a basis
for new and different Human Rights considerations in policy development
(and for that matter, AC advice) beyond what now exists?

Greg





On Thu, Jan 21, 2016 at 6:11 PM, Andrew Sullivan <ajs at anvilwalrusden.com>
wrote:

> Hi,
>
> On Thu, Jan 21, 2016 at 03:02:12PM -0500, Avri Doria wrote:
> > discussion of policy development.  At this point once the transition
> > occurs, assuming it does at some point, people will be able to claim
> > that as a private company human rights do not concern us. and therefore
> > are out of scope in policy development.
>
> I hadn't understood that angle before, so thanks for stating it.  But
> I don't see how if follows.
>
> It seems to me that the whole point of the tussle of policy
> development is to consider a wide variety of considerations and input.
> It seems to me that the source of that lies in the community, and
> therefore it is the community, and not the corporation, that needs the
> commitment to human rights.  Why isn't it better that the human rights
> considerations be part of the constraint on some or all of the various
> constituency groups, rather than part of the ICANN bylaws?  (In case
> it's not clear, I don't intend that as a rhetorical question.)
>
> Best regards,
>
> A
>
> --
> Andrew Sullivan
> ajs at anvilwalrusden.com
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