[CCWG-ACCT] Lawyers' Comments on CCWG Comments on Draft New ICANN Bylaws

[Schaefer, Brett]

I'm confused. Wouldn't this text allow for the HR WS2 process to create human rights obligations for ICANN?


Lawyers’ Comment: The draft CCWG comment letter does not include a recommendation regarding the last sentence of Draft Bylaws Section 1.2(b)(viii), which ends, “except as provided herein.” We suggest that the CCWG recommend that the sentence be modified to refer to Section 27.3 of the Draft Bylaws so that it reads: “This Core Value does not create and shall not be interpreted to create any additional obligations for ICANN and shall not obligate ICANN to respond to or consider any complaint, request or demand seeking the enforcement of human rights by ICANN, except as provided in Section 27.3.”

I thought that the CCWG was clear that there should be no circumstances in which ICANN should be obligated to respond to or consider any complaint, request or demand seeking the enforcement of human rights. Why are we creating the possibility for exceptions? The clause should be deleted.

________________________________
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org<http://heritage.org/>

__________

On May 7, 2016, at 1:32 PM, Grapsas, Rebecca <rebecca.grapsas at sidley.com<mailto:rebecca.grapsas at sidley.com>> wrote:

Holly Gregory asked that I forward the email below.  Please post to the CCWG and BCG lists on her behalf.


Dear CCWG-ACCT Co-Chairs, Members, Participants, and ICANN Staff,

Attached please find comments from Sidley and Adler on the CCWG’s Comments on Draft New ICANN Bylaws (tracked changes in Word and PDF).

Please note that we have serious concerns around comments 9 and 10 and believe that, as currently stated, they are based on misreadings of the draft Bylaws in the relation to the CCWG Proposal.

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
holly.gregory at sidley.com<mailto:holly.gregory at sidley.com>
www.sidley.com<http://www.sidley.com/>




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<CCWG Comments on Draft New ICANN Bylaws - Sidley Adler Comments May 7, 2016.pdf>
<CCWG Comments on Draft New ICANN Bylaws - Sidley Adler Comments, May 7, ....docx>
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