[CCWG-ACCT] Fwd: Human Rights Transition Provision: Bylaws Section 27.3(a)
Kavouss Arasteh
kavouss.arasteh at gmail.com
Wed May 4 06:59:02 UTC 2016
Dsar Ken
Thanks for yr message.
Sorry for CAC LOCK
I used that to indicate the importance of the matter.
Grec was not right.
He prejudged the decision of GAC for FOI-HR
At later stage he clearly wanted to exclude GAC??!!!!why???
You are free to support any views but kindly allow others to freely express their views.
Thank you again and have a nice day
Best regards
Kavousd
Sent from my iPhone
> On 3 May 2016, at 21:09, Salaets, Ken <ksalaets at itic.org> wrote:
>
> This is important work that must advance at a reasonable pace to maintain the levels of support that have been expressed within the broader community and the projected timetable. I believe a very rational response has been offered, Kavouss, to you assertion, and rather than responding with measured and convincing counterpoint, you resort to USING THE CAP LOCK KEY as if this virtual form of shouting is more persuasive than the considered and historically accurate position offered by Greg.
>
> I have not read every message in this string, but I have yet to see you respond to his argument other than with declarations that your view must prevail. Seems to be more an attempt at de facto Filibuster.
>
> Absent a rational and factual counter-argument, Greg's perspective prevails, and no amount of cap-locking can or should overturn it.
>
> Cheers,
>
> Ken
>
>
>
>
>
>> On May 3, 2016, at 8:29 PM, Kavouss Arasteh <kavouss.arasteh at gmail.com> wrote:
>>
>> Dear Colleague
>> You can put 100 time +
>> But until an explicit reference to chartering organisation is not made ,the text is opposed
>> Regards
>> Kavousd
>>
>>
>> Sent from my iPhone
>>
>>> On 3 May 2016, at 19:10, Dr. Tatiana Tropina <t.tropina at mpicc.de> wrote:
>>>
>>> +3. I agreed with Greg so many times in the last days, I think I can
>>> just make auto-response for any of his emails on this FOI approval topic.
>>>
>>> Cheers
>>>
>>> Tanya
>>>
>>>
>>>> On 03/05/16 18:58, Salaets, Ken wrote:
>>>> +2. This is becoming like the movie 'Groundhog Day.' I move the previous question.
>>>>
>>>> Cheers,
>>>>
>>>> Ken
>>>>
>>>>> On May 3, 2016, at 6:37 PM, Niels ten Oever <lists at nielstenoever.net> wrote:
>>>>>
>>>>> 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
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>>>>>>> <mailto:Accountability-Cross-Community at icann.org>
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>>>>>>> <mailto:Accountability-Cross-Community at icann.org>>
>>>>>>> <mailto:Accountability-Cross-Community at icann.org
>>>>>>> <mailto:Accountability-Cross-Community at icann.org>>
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>>>>>>> Accountability-Cross-Community
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>>>>>>>>> --
>>>>>>>>> Niels ten Oever
>>>>>>>>> Head of Digital
>>>>>>>>>
>>>>>>>>> Article 19
>>>>>>>>> www.article19.org
>>>>>>> <http://www.article19.org/>
>>>>>>> <http://www.article19.org/>
>>>>>>>>> PGP fingerprint 8D9F C567
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>>>>>>>>> 678B 08B5
>>>>>>> A0F2 636D 68E9
>>>>>>> _______________________________________________
>>>>>>>>> Accountability-Cross-Community
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>>>>>>> <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
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>>>>>>> 636D 68E9
>>>>>>> _______________________________________________
>>>>>>> Accountability-Cross-Community
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>>>>>>> Accountability-Cross-Community mailing
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>>>>>>
>>>>>> _______________________________________________
>>>>>> 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
>>>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>>> --
>>>>> Niels ten Oever
>>>>> Head of Digital
>>>>>
>>>>> Article 19
>>>>> www.article19.org
>>>>>
>>>>> PGP fingerprint 8D9F C567 BEE4 A431 56C4
>>>>> 678B 08B5 A0F2 636D 68E9
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