[CCWG-ACCT] Regarding mission statement and human rights
nigel at channelisles.net
Fri Jan 29 08:52:06 UTC 2016
On 29/01/16 01:16, Bruce Tonkin wrote:
> Hello Nigel,
>>> With respect, the point that there is no applicable law has NOT been addressed, it has been ignored repeated.
> I think fundamentally as a global organization built on the multi-stakeholder model - the "applicable" law should be the rules we put in our bylaws.
Finally! Thank you for this!
This is the point exactly.
There is no other law applicable to human and fundamental rights other
than te corporation adopts voluntarily, such as in its by laws. This is
because the corporation is a private sector body. Thus any reference to
applicable law in the by law is entirely disingenouus as there is none
applican;e to private companies.
I would sugges, technically, the only 'applicable law' that could
creates any binding obligation in respect of human rigths can only be
the California company statutes that make the corporation legally bound
to follow what decides and agrees to put in its by-laws and Articles.
There's passing previous judicial examination of this -- see the Report
of the .XXX IRP.
So, it seems to me, what is needed is simply be a more detailed
exploration of what the corporation committed to in by its original
adoption of Article 4.
What is needed is an overarching committment to the corporation carrying
out its work with full respect for human rights.
What is not needed are technical reservations and derogations, which on
past form (see ICANN's submissions in the .XXX case) will be used by
ICANN Legal to try weasel out of the corporations' basic obligations,
instead of embracing them.
> This is why we think that the effort should be on identifying the rules that ARE applicable to Internet protocol parameters (including IP addresses and domain names) and building those into the bylaws through a framework of interpretation.
> The "court" will then be the IRP to make sure that ICANN is abiding by the rules in the bylaws.
> I gather the reluctance to follow this path is a concern that this work will not happen. The Board can do what it can to commit to working with the community to develop the set of rules, assuming we can all reach agreement on what those rules are.
> Bruce Tonkin
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