[CCWG-ACCT] Fwd: Human Rights Transition Provision: Bylaws Section 27.3(a)

Niels ten Oever lists at nielstenoever.net
Tue May 3 16:35:30 UTC 2016


Fully agree with Greg.

Best,

Niels

On 05/03/2016 05:46 PM, Greg Shatan wrote:
> Responses inline below.
> 
> On Tue, May 3, 2016 at 1:33 AM, Seun Ojedeji <seun.ojedeji at gmail.com
> <mailto:seun.ojedeji at gmail.com>> wrote:
> 
>     Greg, my reference was bullet point 6 of paragraph 28 and not 27.
> 
> ​This seems like an attempt to create an aura of misunderstanding where
> there is none.  Paragraph 27 is a graphic with (quite clearly) no bullet
> points.  My reference was a simple typo, nothing more.  Hardly worthy of
> the lead sentence of your reply.​
>  
> 
>     I have never written that high standard be applied;
> 
> ​You seem to be writing exactly that, repeatedly.  Unless, I
> misunderstand your viewpoint, you contend that the approval of all
> Chartering Organizations be required.  With the Work Stream 1 Proposal,
> it was sufficient that the Proposal had the approval of  the ALAC, ASO,
> ccNSO, GNSO and SSAC and a non-objection by the GAC.  Isn't it your
> position that this should be insufficient for the FoI?  If so, that is
> unquestionably a higher standard. ​
> 
>     I have always quoted what the report clearly stated, which is that
>     approval of CO was required for the FoI
> 
> ​I disagree that this is what the report clearly states.  You are using
> the parenthetical as​ your sole support for the claim that the CCWG
> wanted a heightened level of approval for the FOI.  My recollection was
> that this parenthetical was put in solely to clarify that the FOI does
> not go directly from the WG to the Board, but rather needs a a review by
> the COs.  I don't think there is any basis for bootstrapping that
> statement into a heightened standard of review and approval -- but
> apparently you do.
> 
>     but you seem to counter that with intent and a reference and I have
>     told you was rather referring to board's approval process(bullet6
>     para28). By the way, the phrase "including Chartering Organizations’
>     approval" was repeated 3 times in that report. It's not just a
>     coincidence.
> 
> ​Again, that's the parenthetical.  I've dealt with that above and
> before.  I've asked you for a clear and unequivocal statement that shows
> that the CCWG intended to create a unique and higher standard for the
> Chartering Organization's review of the FOI.  You have not provided
> one.  Clearly, this is because such a statement does not exist.  Again,
> given all the time we have spent saying and writing things about levels
> of review, it is unimaginable that we would create a higher level of
> review with no explanation or discussion.  As such, the idea that the
> Proposal should be seen as creating such a higher level of review solely
> for the FOI is unsupportable.
> 
>     They say "iron sharpen iron" as I am not a lawyer, I obviously
>     cannot convince you on this one ;-). At this point, I will rest my
>     case since irrespective of what I say and the references I provide
>     in the report, you counter it with intent and what was said.
> 
> ​I've dealt with your references, which are roundly unconvincing.  At no
> point have I relied on "what was said" in the sense of a verbal
> utterance.  As pointed out before, in colloquial English, it's common to
> write that "a report says" something, when what is meant is that
> something is written in the report.  So again that's an attempt to
> create an aura of misunderstanding where there is none.​
>  
> 
>     I hope my point has been duly noted by the Co-Chairs, irrespective
>     of route we take it should be based on the decision of the group as
>     per the charter. Apologies in advance for the upcoming meeting (will
>     join if I can)
> 
>     Regards
> 
>     Sent from my LG G4
>     Kindly excuse brevity and typos
> 
>     On 2 May 2016 11:08 p.m., "Greg Shatan" <gregshatanipc at gmail.com
>     <mailto:gregshatanipc at gmail.com>> wrote:
> 
>         I disagree.  Paragraph 6, which was repeated twice more in the
>         Proposal, was not merely a summary of the bylaw language.  It
>         stated the _intent_ behind the "bylaw" language.  I don't think
>         any of the Proposal is to "taken lightly," and it was not our
>         intent that the "draft bylaw" language have any special place in
>         indicating the intent of the CCWG vs. the rest of the text of
>         the proposal.  We also recognized that the CCWG's attempts to
>         draft legally sufficient text were not sufficient, which is why
>         paragraph 23 is introduced by a statement (which you chose not
>         to quote) that the recommendation is to "Include a Bylaw with
>         the following */intent/* in Work Stream 1 recommendations"
>         [emphasis added], which clearly indicates that the text of the
>         "draft bylaw" sections in our proposal was not intended to be
>         adopted verbatim.  The Proposal needs to be read as a whole, and
>         it's incorrect to assume that greater weight should be given to
>         language in a "bylaws" section.
> 
>         Nothing you have put forward even touches on whether the review
>         by the Chartering Organizations was going to be done to a unique
>         and higher standard, much less states it "clearly and
>         unequivocally."  So, no, there's nothing here that shows that
>         the CCWG wanted to require a higher threshold from the
>         Chartering Organizations than is used for all the rest of the
>         work of the CCWG.
> 
>         Finally, if there was "quite a huge debate during the
>         discussion" on this particular point, show me in the
>         transcripts, recordings or meeting notes.  Bullet point 6 of
>         paragraph 27 confirms nothing of the sort -- it just simply
>         parrots the parenthetical.  I think we can all agree that there
>         was no debate on this particular point, and that the reference
>         to "Chartering Organizations' approval" was not intended to
>         create a special threshold just for the FOI, and that any
>         contention otherwise is simply a misreading of the CCWG Proposal.
> 
>         I hope that is "clear and unequivocal" enough.
> 
>         On Mon, May 2, 2016 at 5:49 PM, Seun Ojedeji
>         <seun.ojedeji at gmail.com <mailto:seun.ojedeji at gmail.com>> wrote:
> 
>             I think we can just agree that paragraph 6(which you
>             referenced) poorly summarised paragraph 23, a section of
>             which I quote below :
> 
>             "...This Bylaw provision will not enter into force until (1)
>             a Framework of
>             Interpretation for Human Rights (FOI-HR) is developed by the
>             CCWG-Accountability as a
>             consensus recommendation in Work Stream 2 (including
>             Chartering Organizations’ approval)
>             and (2) the FOI-HR is approved by the ICANN Board using the
>             same process and criteria it has
>             committed to use to consider the Work Stream 1 recommendations.”
> 
>             OR the summary was indeed referring to the approval process
>             to be used by the board as I think that was quite a huge
>             debate during the discussion and bullet point 6 of paragraph
>             28 of the report confirms that. Below:
> 
>             "Considering how, if at all, this Bylaw will affect how
>             ICANN’s operations are carried out once an FOI-HR is
>             developed by the CCWG-Accountability as a consensus
>             recommendation in Work Stream 2 *(including Chartering
>             Organizations’ approval)* and the *FOI-HR is approved by the
>             ICANN Board using the same process and criteria it has
>             committed to use to consider the Work Stream 1 recommendations*"
> 
>             Pay attention to the sections stared! Again that same bullet
>             point repeated the phrase "(including Chartering
>             Organizations’ approval)". You may also want to note that
>             paragraph 23 was actually a proposed bylaw text and not just
>             one of those texts that can be taken lightly.
> 
>             I hope that is "clear and unequivocal" enough
> 
>             Regards
>             Sent from my LG G4
>             Kindly excuse brevity and typos
> 
>             On 2 May 2016 9:20 p.m., "Greg Shatan"
>             <gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com>>
>             wrote:
> 
>                 I am also referring to what we [said/wrote]* in the
>                 report, which is the following:
> 
>                 "The proposed draft Bylaw also clarifies that no IRP
>                 challenges can be made on the grounds of this Bylaw
>                 until a Framework of Interpretation on Human Rights
>                 (FOI-HR) is developed and approved as part of Work
>                 Stream 2 activities. It further clarifies that
>                 *acceptance of the **FOI**-HR will require the same
>                 process as for Work Stream 1 recommendations* (as agreed
>                 for all Work Stream 2 recommendations)."
> 
>                 We said ... er sorry .. wrote this *_three_* times in
>                 the report, and we need to give this effect.  The
>                 language in the draft circulated for comment is
>                 inconsistent with this statement, to the extent that it
>                 appears to require the positive approval of all
>                 Chartering Organizations, which would be a
>                 _different_ process than the one used for Work Stream 1
>                 recommendations.  As such, the draft needs to be corrected.
> 
>                 I was on the calls and email exchanges when the
>                 parenthetical about the chartering organizations was
>                 inserted in the "bylaws" language in the Proposal.  All
>                 that was meant by the insertion was to clarify that the
>                 FoI did not go straight from Working Group approval to
>                 the Board, but had to be reviewed by the Chartering
>                 Organizations first, just as the WS1 recommendations
>                 were reviewed.  There was never any discussion or intent
>                 to imply that a higher standard of approval was needed
>                 for the FoI vs. all other CCWG recommendations.  
> 
>                 If anyone can find a clear and unequivocal statement
>                 that shows the CCWG meant to have a heightened standard
>                 for the FoI, I'll reconsider my view.  However, I'm
>                 confident there is no such statement.  We spent many,
>                 many hours of discussing and drafting sections on levels
>                 of approval for the Empowered Community and relating to
>                 levels of approval within the GAC.  As such, it defies
>                 logic to claim that the simple insertion of a
>                 parenthetical, without any specific discussion or
>                 explanation of a heightened standard, created a
>                 requirement for unanimous and/or positive approval.
> 
>                 Greg
> 
>                 ______
>                 * You are inventing a dichotomy where there is none.  In
>                 either case, I was referring to the report, not to some
>                 verbal utterance.  I'm sorry if my somewhat colloquial
>                 use of "said" confused you.  It's perfectly acceptable
>                 to use "said" to refer to a written document, at least
>                 in everyday usage.
> 
>                 On Mon, May 2, 2016 at 11:10 AM, Seun Ojedeji
>                 <seun.ojedeji at gmail.com <mailto:seun.ojedeji at gmail.com>>
>                 wrote:
> 
>                     Depends on how you are interpreting the word
>                     "bundle"; the WS1 was presented as a single
>                     document, while some COs decided to approve/respond
>                     recommendation by recommendation, others approved
>                     the document as a whole. Perhaps a simple
>                     application of the report(if you want to avoid round
>                     trips proposed in the report without distorting the
>                     intent) will be to highlight FoI as a single
>                     recommendation in WS2 which gives the COs the option
>                     to approve/reject it out rightly and then the CCWG
>                     can determine what to do with the FoI based on the
>                     outcome of the COs approval process.
> 
>                     On your second point, at this juncture I am not
>                     talking about what we said but rather about what we
>                     WROTE in the report, which is what anyone who have
>                     not followed the process would rely upon. So do you
>                     want to reflect "what we said" or "what we wrote"
>                     either of them is fine by me but we should be clear
>                     on the path we have chosen, knowing it's
>                     implications as well.
> 
>                     Regards
> 
>                     Sent from my LG G4
>                     Kindly excuse brevity and typos
> 
>                     On 2 May 2016 3:51 p.m., "Greg Shatan"
>                     <gregshatanipc at gmail.com
>                     <mailto:gregshatanipc at gmail.com>> wrote:
> 
>                         At no point did we say that the FoI would be
>                         bundled with other WS2 recommendations as a
>                         complete package.  Indeed, we've never said that
>                         any of the WS2 projects had to be bundled with
>                         others.
> 
>                         At no point did we say that there would be a
>                         special process for approving the FoI.  It
>                         should be the same as WS1, which contemplates a
>                         review by the Chartering Organizations, and then
>                         allows the CCWG to forward recommendation to the
>                         Board even if less than all of the COs approve
>                         of the recommendation.
> 
>                         As long as we can find ways to reflect that
>                         clearly, we will be carrying out the intent of
>                         the Proposal.
> 
>                         Greg
> 
>                         On Mon, May 2, 2016 at 10:43 AM, Seun Ojedeji
>                         <seun.ojedeji at gmail.com
>                         <mailto:seun.ojedeji at gmail.com>> wrote:
> 
>                             Hello Thomas,
> 
>                             If I process this correctly, it implies
>                             approval of the FoI will be done based on
>                             ratification process in the CCWG charter,
>                             which is different from approval of the
>                             whole WS2 package as per the charter.
> 
>                             If that is it, then I will say it's somewhat
>                             closer to what was proposed in the report
>                             (even though the report did not mention that
>                             CO ratification of FoI is based on the charter).
> 
>                             Regards
>                             Sent from my LG G4
>                             Kindly excuse brevity and typos
> 
>                             On 2 May 2016 3:24 p.m., "Thomas Rickert"
>                             <thomas at rickert.net
>                             <mailto:thomas at rickert.net>> wrote:
> 
>                                 Hi all,
>                                 Tijani has proposed a solution at the
>                                 end of his latest e-mail:
> 
>                                 I understand that the first proposal
>                                 made the approval of all the chartering
>                                 organizations necessary, The
>                                 modification should keep the reference
>                                 to the ratification of the chartering
>                                 organizations and add "as defined in the
>                                 CCWG charter“.
> 
>                                 Would that be a way forward?
> 
>                                 Best,
>                                 Thomas
> 
> 
> 
>>                                 Am 02.05.2016 um 16:19 schrieb Seun
>>                                 Ojedeji <seun.ojedeji at gmail.com
>>                                 <mailto:seun.ojedeji at gmail.com>>:
>>
>>                                 Hello Niels,
>>
>>                                 I think we may just be playing around
>>                                 with words here, definitely you
>>                                 understand Tijani's concern ;-). Let
>>                                 me attempt to spell out(even though I
>>                                 have done this before) my
>>                                 understanding of the report which I
>>                                 must say is obvious:
>>
>>                                 1. The report clearly used the phrase
>>                                 "...*including* approval of chartering
>>                                 organisations"
>>
>>                                 2. Equating that to mean that it's
>>                                 equivalent to the CO approval within
>>                                 CCWG may be out of order because as
>>                                 per the charter irrespective of number
>>                                 of support from CO, the package goes
>>                                 to board for approval.
>>
>>                                 3. The intent of item 2 above is not
>>                                 the same thing as item 1; What I
>>                                 understand is that the FoI as a
>>                                 critical document it is needs to be
>>                                 developed during WS2, approved by the
>>                                 CO and incoporated into the WS2
>>                                 proposal which is then sent to COs for
>>                                 approval as a complete package.
>>
>>                                 That said, i will again say that if
>>                                 the goal is to reflect what was
>>                                 written in the report then we are out
>>                                 of order. However we may just agree
>>                                 that what we have done is correcting a
>>                                 *mistake* in the report through the
>>                                 bylaw. In that case, we should present
>>                                 it as such and not on claims that the
>>                                 report did not say approval of CO is
>>                                 required.
>>
>>                                 Regards
>>
>>                                 Sent from my LG G4
>>                                 Kindly excuse brevity and typos
>>
>>                                 On 2 May 2016 9:40 a.m., "Niels ten
>>                                 Oever" <lists at nielstenoever.net
>>                                 <mailto:lists at nielstenoever.net>> wrote:
>>
>>                                     Hi Tijani,
>>
>>                                     But the chartering organizations
>>                                     are mentioned in the charter of the
>>                                     CCWG, so am not sure if I
>>                                     understand your concern.
>>
>>                                     Best,
>>
>>                                     Niels
>>
>>                                     On 05/02/2016 10:22 AM, Tijani BEN
>>                                     JEMAA wrote:
>>                                     > Hi Niels,
>>                                     >
>>                                     > The last modification of the
>>                                     bylaws proposed by the lawyers
>>                                     didn’t make
>>                                     > any reference to the chartering
>>                                     organizations approval while it is
>>                                     > clearly mentioned in the CCWG
>>                                     last proposal ratified by the
>>                                     chartering
>>                                     > organizations.
>>                                     >
>>                                     > Have a nice day
>>                                     >
>>                                     >
>>                                     -----------------------------------------------------------------------------
>>                                     > *Tijani BEN JEMAA*
>>                                     > Executive Director
>>                                     > Mediterranean Federation of
>>                                     Internet Associations (*FMAI*)
>>                                     > Phone: +216 98 330 114
>>                                     <tel:%2B216%2098%20330%20114>
>>                                     >              +216 52 385 114
>>                                     <tel:%2B216%2052%20385%20114>
>>                                     >
>>                                     -----------------------------------------------------------------------------
>>                                     >
>>                                     >
>>                                     >> Le 2 mai 2016 à 09:11, Niels
>>                                     ten Oever <lists at nielstenoever.net
>>                                     <mailto:lists at nielstenoever.net>
>>                                     >> <mailto:lists at nielstenoever.net
>>                                     <mailto:lists at nielstenoever.net>>>
>>                                     a écrit :
>>                                     >>
>>                                     >> Dear Tijani and Kavouss,
>>                                     >>
>>                                     >> Could you please indicate where
>>                                     the proposed text is not
>>                                     consistent with
>>                                     >> the report? Concrete references
>>                                     would be helpful for me to better
>>                                     >> understand your point.
>>                                     >>
>>                                     >> Thanks in advance,
>>                                     >>
>>                                     >> Niels
>>                                     >>
>>                                     >>
>>                                     >>
>>                                     >> On 05/02/2016 09:38 AM, Kavouss
>>                                     Arasteh wrote:
>>                                     >>> Tijani +1
>>                                     >>> I fully agree with Tijani
>>                                     >>> People misuse the opportunity
>>                                     to make modifications that were
>>                                     not agreed
>>                                     >>> during the lkast 16 months
>>                                     >>> NO CHANGE NO MODIFICATIONS.
>>                                     >>> During the WSIS I WILL tell
>>                                     everybody that there is no
>>                                     supervision nor
>>                                     >>> control on what we have agreed
>>                                     and the people will make whatever
>>                                     change
>>                                     >>> they wish without the
>>                                     agreements of the others
>>                                     >>>
>>                                     >>> KAVOUSS
>>                                     >>>
>>                                     >>> 2016-05-02 8:14 GMT+02:00
>>                                     Tijani BEN JEMAA
>>                                     <tijani.benjemaa at topnet.tn
>>                                     <mailto:tijani.benjemaa at topnet.tn>
>>                                     >>>
>>                                     <mailto:tijani.benjemaa at topnet.tn
>>                                     <mailto:tijani.benjemaa at topnet.tn>>
>>                                     >>>
>>                                     <mailto:tijani.benjemaa at topnet.tn
>>                                     <mailto:tijani.benjemaa at topnet.tn>>>:
>>                                     >>>
>>                                     >>>    Mathieu and all,
>>                                     >>>
>>                                     >>>    The modification proposed
>>                                     doesn’t reflect the CCWG last proposal
>>                                     >>>    approved by the chartering
>>                                     organization. I don’t think we are
>>                                     >>>    allowed to write bylaws
>>                                     that are not the exact
>>                                     interpretation of the
>>                                     >>>    approved document that had
>>                                     the CCWG consensus and the charting
>>                                     >>>    organizations ratification.
>>                                     >>>
>>                                     >>>   
>>                                     -----------------------------------------------------------------------------
>>                                     >>>    *Tijani BEN JEMAA*
>>                                     >>>    Executive Director
>>                                     >>>    Mediterranean Federation of
>>                                     Internet Associations (*FMAI*)
>>                                     >>>    Phone: +216 98 330 114
>>                                     <tel:%2B216%2098%20330%20114>
>>                                     >>>                +216 52 385 114
>>                                     <tel:%2B216%2052%20385%20114>
>>                                     >>>   
>>                                     -----------------------------------------------------------------------------
>>                                     >>>
>>                                     >>>
>>                                     >>>>    Le 2 mai 2016 à 04:23,
>>                                     Kavouss Arasteh
>>                                     <kavouss.arasteh at gmail.com
>>                                     <mailto:kavouss.arasteh at gmail.com>
>>                                     >>>>
>>                                     <mailto:kavouss.arasteh at gmail.com
>>                                     <mailto:kavouss.arasteh at gmail.com>>
>>                                     >>>>   
>>                                     <mailto:kavouss.arasteh at gmail.com
>>                                     <mailto:kavouss.arasteh at gmail.com>>>
>>                                     a écrit :
>>                                     >>>>
>>                                     >>>>    Mathieu,
>>                                     >>>>    Tks
>>                                     >>>>    Pls NOTE MY SERIOUS
>>                                     OBJECTIONS to:
>>                                     >>>>    1.NOT MENTIONING REFERNCE
>>                                     TO THE APPROVAL OF CHARTERING
>>                                     >>>>    ORGANIZATIONBS in HR
>>                                     >>>>    2. GIVE GIVE A BLANKET
>>                                     AGREEMENT TO THE DOCUMENTS WHICH
>>                                     YET TO BE
>>                                     >>>>    DRAFTED.
>>                                     >>>>    3. Making so many changes
>>                                     to the Third proposals . We must avoid
>>                                     >>>>    having a new proposal
>>                                     >>>>    Kavouss
>>                                     >>>>
>>                                     >>>>
>>                                     >>>>    2016-05-01 22:42 GMT+02:00
>>                                     Mathieu Weill
>>                                     <mathieu.weill at afnic.fr
>>                                     <mailto:mathieu.weill at afnic.fr>
>>                                     >>>>
>>                                     <mailto:mathieu.weill at afnic.fr
>>                                     <mailto:mathieu.weill at afnic.fr>>
>>                                     >>>>   
>>                                     <mailto:mathieu.weill at afnic.fr
>>                                     <mailto:mathieu.weill at afnic.fr>>>:
>>                                     >>>>
>>                                     >>>>        Dear colleagues,
>>                                     >>>>
>>                                     >>>>        Please find below for
>>                                     your consideration some
>>                                     suggestions from
>>                                     >>>>        our lawyers for
>>                                     clarification of the bylaw
>>                                     language regarding
>>                                     >>>>        the Human rights FoI.
>>                                     This follows our request during the
>>                                     >>>>        previous call.
>>                                     >>>>
>>                                     >>>>        Best,
>>                                     >>>>
>>                                     >>>>        Mathieu Weill
>>                                     >>>>        ---------------
>>                                     >>>>        Depuis mon mobile,
>>                                     désolé pour le style
>>                                     >>>>
>>                                     >>>>        Début du message
>>                                     transféré :
>>                                     >>>>
>>                                     >>>>>        *Expéditeur:*
>>                                     "Gregory, Holly"
>>                                     <holly.gregory at sidley.com
>>                                     <mailto:holly.gregory at sidley.com>
>>                                     >>>>>
>>                                     <mailto:holly.gregory at sidley.com
>>                                     <mailto:holly.gregory at sidley.com>>
>>                                     >>>>>       
>>                                     <mailto:holly.gregory at sidley.com
>>                                     <mailto:holly.gregory at sidley.com>>>
>>                                     >>>>>        *Date:* 1 mai 2016
>>                                     19:10:53 UTC+2
>>                                     >>>>>        *Destinataire:*
>>                                     "'Mathieu Weill'"
>>                                     <mathieu.weill at afnic.fr
>>                                     <mailto:mathieu.weill at afnic.fr>
>>                                     >>>>>
>>                                     <mailto:mathieu.weill at afnic.fr
>>                                     <mailto:mathieu.weill at afnic.fr>>
>>                                     >>>>>       
>>                                     <mailto:mathieu.weill at afnic.fr
>>                                     <mailto:mathieu.weill at afnic.fr>>>,
>>                                     "'Thomas Rickert'"
>>                                     >>>>>        <thomas at rickert.net
>>                                     <mailto:thomas at rickert.net>
>>                                     >>>>> <mailto:thomas at rickert.net
>>                                     <mailto:thomas at rickert.net>>
>>                                     <mailto:thomas at rickert.net
>>                                     <mailto:thomas at rickert.net>>>,
>>                                     León Felipe
>>                                     >>>>>        Sánchez Ambía
>>                                     <leonfelipe at sanchez.mx
>>                                     <mailto:leonfelipe at sanchez.mx>
>>                                     >>>>>
>>                                     <mailto:leonfelipe at sanchez.mx
>>                                     <mailto:leonfelipe at sanchez.mx>>
>>                                     >>>>>       
>>                                     <mailto:leonfelipe at sanchez.mx
>>                                     <mailto:leonfelipe at sanchez.mx>>>,
>>                                     "bylaws-coord at icann.org
>>                                     <mailto:bylaws-coord at icann.org>
>>                                     >>>>>
>>                                     <mailto:bylaws-coord at icann.org
>>                                     <mailto:bylaws-coord at icann.org>>
>>                                     >>>>>       
>>                                     <mailto:bylaws-coord at icann.org
>>                                     <mailto:bylaws-coord at icann.org>>"
>>                                     <bylaws-coord at icann.org
>>                                     <mailto:bylaws-coord at icann.org>
>>                                     >>>>>
>>                                     <mailto:bylaws-coord at icann.org
>>                                     <mailto:bylaws-coord at icann.org>>
>>                                     >>>>>       
>>                                     <mailto:bylaws-coord at icann.org
>>                                     <mailto:bylaws-coord at icann.org>>>
>>                                     >>>>>        *Cc:* ACCT-Staff
>>                                     <acct-staff at icann.org
>>                                     <mailto:acct-staff at icann.org>
>>                                     >>>>> <mailto:acct-staff at icann.org
>>                                     <mailto:acct-staff at icann.org>>
>>                                     >>>>>       
>>                                     <mailto:acct-staff at icann.org
>>                                     <mailto:acct-staff at icann.org>>>,
>>                                     "Rosemary E. Fei"
>>                                     >>>>>        <rfei at adlercolvin.com
>>                                     <mailto:rfei at adlercolvin.com>
>>                                     >>>>> <mailto:rfei at adlercolvin.com
>>                                     <mailto:rfei at adlercolvin.com>>
>>                                     <mailto:rfei at adlercolvin.com
>>                                     <mailto:rfei at adlercolvin.com>>>,
>>                                     >>>>>       
>>                                     "ICANN at adlercolvin.com
>>                                     <mailto:ICANN at adlercolvin.com>
>>                                     >>>>>
>>                                     <mailto:ICANN at adlercolvin.com
>>                                     <mailto:ICANN at adlercolvin.com>>
>>                                     <mailto:ICANN at adlercolvin.com
>>                                     <mailto:ICANN at adlercolvin.com>>"
>>                                     >>>>>       
>>                                     <ICANN at adlercolvin.com
>>                                     <mailto:ICANN at adlercolvin.com>
>>                                     >>>>>
>>                                     <mailto:ICANN at adlercolvin.com
>>                                     <mailto:ICANN at adlercolvin.com>>
>>                                     <mailto:ICANN at adlercolvin.com
>>                                     <mailto:ICANN at adlercolvin.com>>>,
>>                                     >>>>>        Sidley ICANN CCWG
>>                                     <sidleyicannccwg at sidley.com
>>                                     <mailto:sidleyicannccwg at sidley.com>
>>                                     >>>>>
>>                                     <mailto:sidleyicannccwg at sidley.com
>>                                     <mailto:sidleyicannccwg at sidley.com>>
>>                                     >>>>>       
>>                                     <mailto:sidleyicannccwg at sidley.com
>>                                     <mailto:sidleyicannccwg at sidley.com>>>,
>>                                     >>>>>       
>>                                     "Samantha.Eisner at icann.org
>>                                     <mailto:Samantha.Eisner at icann.org>
>>                                     <mailto:Samantha.Eisner at icann.org
>>                                     <mailto:Samantha.Eisner at icann.org>>
>>                                     >>>>>       
>>                                     <mailto:Samantha.Eisner at icann.org
>>                                     <mailto:Samantha.Eisner at icann.org>>"
>>                                     >>>>>       
>>                                     <Samantha.Eisner at icann.org
>>                                     <mailto:Samantha.Eisner at icann.org>
>>                                     >>>>>
>>                                     <mailto:Samantha.Eisner at icann.org
>>                                     <mailto:Samantha.Eisner at icann.org>> <mailto:Samantha.Eisner at icann.org
>>                                     <mailto:Samantha.Eisner at icann.org>>>
>>                                     >>>>>        *Objet:* *Human
>>                                     Rights Transition Provision: 
>>                                     Bylaws Section
>>                                     >>>>>        27.3(a)*
>>                                     >>>>>
>>                                     >>>>>
>>                                     >>>>>        Dear Co-Chairs and
>>                                     Bylaws Coordinating Group:
>>                                     >>>>>
>>                                     >>>>>        On the CCWG call last
>>                                     week, there was a discussion of the
>>                                     >>>>>        Bylaws language
>>                                     regarding the transition provision
>>                                     on Human
>>                                     >>>>>        Rights*//*[27.3(a)]
>>                                     and it was suggested that the
>>                                     language be
>>                                     >>>>>        clarified to ensure
>>                                     that the same approval process
>>                                     used for
>>                                     >>>>>        Work Stream 1 would
>>                                     apply.  We propose the following
>>                                     >>>>>        clarifying edits.  We
>>                                     suggest that you share this with the
>>                                     >>>>>        CCWG and if there is
>>                                     agreement, the following proposed edit
>>                                     >>>>>        should be included in
>>                                     the CCWG’s public comment:____
>>                                     >>>>>
>>                                     >>>>>        Redline:____
>>                                     >>>>>
>>                                     >>>>>        *Section 27.3. HUMAN
>>                                     RIGHTS____*
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        (a) The Core Value
>>                                     set forth in Section 1.2(b)(viii)
>>                                     shall
>>                                     >>>>>        have no force or
>>                                     effect unless and until a framework of
>>                                     >>>>>        interpretation for
>>                                     human rights (“*FOI-HR*”) is
>>                                     approved by
>>                                     >>>>>        (i) approved for
>>                                     submission to the Board by the
>>                                     >>>>>        CCWG-Accountability
>>                                     as a consensus recommendation in Work
>>                                     >>>>>        Stream 2, and (ii)
>>                                     approved by each of the
>>                                     >>>>>        CCWG-Accountability’s
>>                                     chartering organizations and (iii) the
>>                                     >>>>>        Board, (in each
>>                                     thecase of the Board, using the
>>                                     same process
>>                                     >>>>>        and criteria used by
>>                                     the Boardto consider the as for Work
>>                                     >>>>>        Stream 1
>>                                     Recommendations).____
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        (b) No person or
>>                                     entity shall be entitled to invoke the
>>                                     >>>>>        reconsideration
>>                                     process provided in Section 4.2,
>>                                     or the
>>                                     >>>>>        independent review
>>                                     process provided in Section 4.3, based
>>                                     >>>>>        solely on the
>>                                     inclusion of the Core Value set
>>                                     forth in
>>                                     >>>>>        Section 1.2(b)(viii)
>>                                     (i) until after the FOI-HR
>>                                     contemplated
>>                                     >>>>>        by Section 27.3(a) is
>>                                     in place or (ii) for actions of ICANN
>>                                     >>>>>        or the Board that
>>                                     occurred prior to the____
>>                                     >>>>>
>>                                     >>>>>        effectiveness of the
>>                                     FOI-HR.____
>>                                     >>>>>
>>                                     >>>>>        Clean:____
>>                                     >>>>>
>>                                     >>>>>        *Section 27.3. HUMAN
>>                                     RIGHTS____*
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        (a) The Core Value
>>                                     set forth in Section 1.2(b)(viii)
>>                                     shall
>>                                     >>>>>        have no force or
>>                                     effect unless and until a framework of
>>                                     >>>>>        interpretation for
>>                                     human rights (“*FOI-HR*”) is (i)
>>                                     approved
>>                                     >>>>>        for submission to the
>>                                     Board by the CCWG-Accountability as a
>>                                     >>>>>        consensus
>>                                     recommendation in Work Stream 2
>>                                     and (ii) approved
>>                                     >>>>>        by the Board, in each
>>                                     case, using the same process and
>>                                     >>>>>        criteria as for Work
>>                                     Stream 1 Recommendations.____
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        (b) No person or
>>                                     entity shall be entitled to invoke the
>>                                     >>>>>        reconsideration
>>                                     process provided in Section 4.2,
>>                                     or the
>>                                     >>>>>        independent review
>>                                     process provided in Section 4.3, based
>>                                     >>>>>        solely on the
>>                                     inclusion of the Core Value set
>>                                     forth in
>>                                     >>>>>        Section 1.2(b)(viii)
>>                                     (i) until after the FOI-HR
>>                                     contemplated
>>                                     >>>>>        by Section 27.3(a) is
>>                                     in place or (ii) for actions of ICANN
>>                                     >>>>>        or the Board that
>>                                     occurred prior to the____
>>                                     >>>>>
>>                                     >>>>>        effectiveness of the
>>                                     FOI-HR.____
>>                                     >>>>>
>>                                     >>>>>        Kind regards, ____
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        Holly and Rosemary____
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>        *HOLLY* *J. GREGORY*
>>                                     >>>>>        Partner and Co-Chair
>>                                     >>>>>        Corporate Governance
>>                                     & Executive Compensation Practice
>>                                     Group____
>>                                     >>>>>
>>                                     >>>>>        *Sidley Austin LLP*
>>                                     >>>>>        787 Seventh Avenue
>>                                     >>>>>        New York, NY 10019
>>                                     >>>>>        +1 212 839 5853
>>                                     <tel:%2B1%20212%20839%205853>
>>                                     >>>>>       
>>                                     holly.gregory at sidley.com
>>                                     <mailto:holly.gregory at sidley.com>
>>                                     >>>>>
>>                                     <mailto:holly.gregory at sidley.com
>>                                     <mailto:holly.gregory at sidley.com>>
>>                                     <mailto:holly.gregory at sidley.com
>>                                     <mailto:holly.gregory at sidley.com>>
>>                                     >>>>>        www.sidley.com
>>                                     <http://www.sidley.com/>
>>                                     >>>>> <http://www.sidley.com/>
>>                                     <http://www.sidley.com/>____
>>                                     >>>>>
>>                                     >>>>>       
>>                                     http://www.sidley.com/files/upload/signatures/SA-autosig.png
>>                                     >>>>>       
>>                                     <http://www.sidley.com/> *SIDLEY
>>                                     AUSTIN LLP*____
>>                                     >>>>>
>>                                     >>>>>        __ __
>>                                     >>>>>
>>                                     >>>>>
>>                                     >>>>>
>>                                     >>>>>
>>                                     >>>>>
>>                                     >>>>>
>>                                     ****************************************************************************************************
>>                                     >>>>>        This e-mail is sent
>>                                     by a law firm and may contain
>>                                     information
>>                                     >>>>>        that is privileged or
>>                                     confidential.
>>                                     >>>>>        If you are not the
>>                                     intended recipient, please delete the
>>                                     >>>>>        e-mail and any
>>                                     attachments and notify us
>>                                     >>>>>        immediately.
>>                                     >>>>>
>>                                     >>>>>
>>                                     >>>>>
>>                                     ****************************************************************************************************
>>                                     >>>>>
>>                                     >>>>
>>                                     >>>>       
>>                                     _______________________________________________
>>                                     >>>>       
>>                                     Accountability-Cross-Community
>>                                     mailing list
>>                                     >>>>       
>>                                     Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>
>>                                     >>>>
>>                                     <mailto:Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>>
>>                                     >>>>       
>>                                     <mailto:Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>>
>>                                     >>>>       
>>                                     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>                                     >>>>
>>                                     >>>>
>>                                     >>>>   
>>                                     _______________________________________________
>>                                     >>>>   
>>                                     Accountability-Cross-Community
>>                                     mailing list
>>                                     >>>>   
>>                                     Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>
>>                                     >>>>
>>                                     <mailto:Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>>
>>                                     >>>>   
>>                                     <mailto:Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>>
>>                                     >>>>   
>>                                     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>                                     >>>
>>                                     >>>
>>                                     >>>
>>                                     >>>
>>                                     >>>
>>                                     _______________________________________________
>>                                     >>> Accountability-Cross-Community
>>                                     mailing list
>>                                     >>>
>>                                     Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>
>>                                     >>>
>>                                     <mailto:Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>>
>>                                     >>>
>>                                     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>                                     >>>
>>                                     >>
>>                                     >> --
>>                                     >> Niels ten Oever
>>                                     >> Head of Digital
>>                                     >>
>>                                     >> Article 19
>>                                     >> www.article19.org
>>                                     <http://www.article19.org/>
>>                                     <http://www.article19.org/>
>>                                     >>
>>                                     >> PGP fingerprint    8D9F C567
>>                                     BEE4 A431 56C4
>>                                     >>                   678B 08B5
>>                                     A0F2 636D 68E9
>>                                     >>
>>                                     _______________________________________________
>>                                     >> Accountability-Cross-Community
>>                                     mailing list
>>                                     >>
>>                                     Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>
>>                                     >>
>>                                     <mailto:Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>>
>>                                     >>
>>                                     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>                                     >
>>
>>                                     --
>>                                     Niels ten Oever
>>                                     Head of Digital
>>
>>                                     Article 19
>>                                     www.article19.org
>>                                     <http://www.article19.org/>
>>
>>                                     PGP fingerprint    8D9F C567 BEE4
>>                                     A431 56C4
>>                                                        678B 08B5 A0F2
>>                                     636D 68E9
>>                                     _______________________________________________
>>                                     Accountability-Cross-Community
>>                                     mailing list
>>                                     Accountability-Cross-Community at icann.org
>>                                     <mailto:Accountability-Cross-Community at icann.org>
>>                                     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>>                                 _______________________________________________
>>                                 Accountability-Cross-Community mailing
>>                                 list
>>                                 Accountability-Cross-Community at icann.org
>>                                 <mailto:Accountability-Cross-Community at icann.org>
>>                                 https://mm.icann.org/mailman/listinfo/accountability-cross-community
> 
> 
>                             _______________________________________________
>                             Accountability-Cross-Community mailing list
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>                             <mailto:Accountability-Cross-Community at icann.org>
>                             https://mm.icann.org/mailman/listinfo/accountability-cross-community
> 
> 
> 
> 
> 
> 
> 
> _______________________________________________
> Accountability-Cross-Community mailing list
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> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> 

-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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