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

[Seun Ojedeji]

Perhaps we should get clarification on what "herein" mean in legal terms.
However in simple English, I will assume that it means anything provided in
the bylaw relating to HR and since no such text is provided yet(pending the
FoI) then I don't think any obligation would be applicable.

However, if "herein" implies that ICANN's commitment to HR will/can be
tested/challenged upon every action/process defined in the bylaw then I am
in strong agreement with Brett.

Regards
Sent from my LG G4
Kindly excuse brevity and typos
On 8 May 2016 21:01, "Schaefer, Brett" <Brett.Schaefer at heritage.org> wrote:

> 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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