[CCWG-ACCT] TR: CCWG Accountability comment

[Niels ten Oever]

Hi Thomas,

Am not sure if it is procedurally a good idea to have the lawyers make
decisions on behalf of the CCWG, especially if there was consensus in
the CCWG.

Also I think 'until' implies a temporal condition, whereas unless
implies a categorical condition, which I think is structurally different.

Best,

Niels



On 05/18/2016 09:26 AM, Thomas Rickert wrote:
> Hi Niels,
> we had been advised by our law firms that there is no real legal
> difference between the two alternatives, which is why the comment has
> not made its way into the final version of the CCWG comment if memory
> does not fail me. If you still think this needs fixing, please do submit
> a comment to bring it to the attention of the drafting teams.
> 
> Thanks,
> Thomas
> 
> ---
> rickert.net <http://rickert.net>
> eco.de <http://eco.de>
> 
> 
> Am 17.05.2016 um 10:36 schrieb Niels ten Oever <lists at nielstenoever.net
> <mailto:lists at nielstenoever.net>>:
> 
>> Dear Mathieu,
>>
>> Thanks for this. There is an issue related to the Human Rights bylaw,
>> which we have discussed and on which I think we reach agreement that has
>> not been addressed in the CCWG public comment. Namely the comment made
>> by Seth underneath, the exclusion of the text "unless and", about which
>> I thought we reached consensus.
>>
>> Since the CCWG comments have already been submitted, how would you
>> advice to proceed on this matter?
>>
>> Best,
>>
>> Niels
>>
>>
>> On 05/13/2016 07:45 PM, Seth Johnson wrote:
>>> Note for all: This does not address the inclusion of "unless and" in
>>> Section 27.3 (a), which makes the FOI on HR conditional and does not
>>> reflect the CCWG Report which only says the Core Value is not in force
>>> "until" the FOI is developed.  Already said this, with some support.
>>> Repeating for reference once again.
>>>
>>>
>>> Seth
>>>
>>>
>>> On Fri, May 13, 2016 at 12:23 PM, Mathieu Weill
>>> <mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>> wrote:
>>>> Dear Colleagues,
>>>>
>>>>
>>>>
>>>> Attached is the comment posted to the public comment forum on the Draft
>>>> Icann Bylaws on our behalf. Thanks to all of you for contributing to
>>>> this
>>>> effort.
>>>>
>>>>
>>>>
>>>> https://forum.icann.org/lists/comments-draft-new-bylaws-21apr16/
>>>>
>>>>
>>>>
>>>> Best
>>>>
>>>> Thomas, Leon & Mathieu
>>>>
>>>>
>>>>
>>>> De : Mathieu Weill [mailto:weill at afnic.fr]
>>>> Envoyé : vendredi 13 mai 2016 18:19
>>>> À : 'comments-draft-new-bylaws-21apr16 at icann.org
>>>> <mailto:comments-draft-new-bylaws-21apr16 at icann.org>'
>>>> Objet : CCWG Accountability comment
>>>>
>>>>
>>>>
>>>> Please find enclosed the comment submitted on behalf of the Cross
>>>> Community
>>>> Working Group en Enhancing Icann’s Accountability.
>>>>
>>>>
>>>>
>>>> Best regards,
>>>>
>>>> Thomas Rickert, Leon Felipe Sanchez and Mathieu Weill
>>>>
>>>> Co-chairs
>>>>
>>>>
>>>> _______________________________________________
>>>> 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
>>>>
>>
>> -- 
>> Niels ten Oever
>> Head of Digital
>>
>> Article 19
>> www.article19.org <http://www.article19.org>
>>
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>>
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-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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