[CCWG-ACCT] Notes, recordings and transcript for WS2 Human Rights Subgroup Meeting # 18 | 31 Jan 2017

[MSSI Secretariat]

Hello all,

Please see the notes, recordings, and transcript for the CCWG Accountability WS2 Human Rights Subgroup Meeting #18 here;  https://community.icann.org/x/ZJzDAw

A copy of the notes may be found below.

Thank you.

With kind regards,
Brenda Brewer, Projects & Operations Assistant
Multistakeholder Strategy & Strategic Initiatives (MSSI)
Internet Corporation for Assigned Names and Numbers (ICANN)

Notes (including relevant portions of chat):
1. Administrivia
Roll call will be taken from the AC room.
No participants on audio
Apologies: Matthew Shears, Jorge Cancio,
No updates to SOI.
Review of agenda - Greg: suggest to review the bullet points in annex 12 point by point. Greg will send a slide to display in this call.
2. The way forward
Niels provided summary of email exchanges with co-chairs, and summary of mailing list discussion.
•  Kavouss: we should not open the discussion again, but mandate the small group who drafted the FoI to flag if anything is missing from Annex 12.
•  John Laprise: I would suggest to open up for public comment now, and take it from there.
•  Greg: the co-chairs have asked us to confirm if we have covered Annex 12, so we should go through each bullet point against the FoI, and determine if each point has been taken in consideration. The drafting team did a textual analysis of the bylaw, our understanding was that the consideration of all bullet points was a separate task. We need to confirm that we are done before going to public comment.
•  Niels: I am not sure if the Annex 12 mandates 1 or 2 documents.
•  David: agree with Greg, we should take the time to consider the different points. There could be 2 documents if necessary.
•  Kavouss: I agree we should verify that the FoI considers all points of Annex 12, but suggest it should be done by the drafting team or another team, and not leave it to public comment.
•  Anne: I agree that we may not have considered all the points in Annex 12 while developing the FoI, and these points need to be discussed more in depth.
•  Niels: let's go through the bullets one by one, and see where we are.
Review of bullet points of Annex 12:
bullet #1:
Consider which specific Human Rights conventions or other instruments, if any, should be used by ICANN in interpreting and implementing the Human Rights Bylaw.
•  Greg: I think we did consider this bullet but we have not concluded.
•  David: I agree.
•  Anne Aikman-Scalese: I think we have considered the first bullet point.
•  David McAuley (RySG): I don't se it a a non-answer given that the bylaw 1.2(b)(viii) ha

s to be read with this and it does point to applicable law
•  Tatiana Tropina:  we didn't consider it while drafting
•  David McAuley (RySG): this might highlight one aspect of making "suggestions" - we could perhaps suggest HR instruments ICANN might consider but not say "should" in FOI
•  Greg Shatan: The question is which instruments should ICANN use?  What is our answer?
•  Tatiana: We have not considered these bullet points, we have done a textual analysis of the bylaws. I don't believe this FoI is ready for public comment.
•  Kavouss: opposed to any other course of action than the one I previously indicated
•  Niels: there are different possible ways forward.
•  Greg: I support the suggestion of Kavouss. I think it would be premature to send out the FoI to Public Comment. When we consider the different bullets of Annex 12, we might want to modify what we have written in the FoI. The co-chairs have asked us if we have considered Annex 12, and we have not.
•  Anne: I agree that the discussion should be kept at the level of the subgroup, and we should answer to the co-chairs that we have not considered all the bullet points of Annex 12.
•  Niels: we don't have to answer everything right away. Suggest to continue the discussion next week, and consider next steps then.
•  David: how about we designate a leader for each bullet point to kick off discussions on each topic?
•  Several voice opinion in favor of forming a group to prepare the discussion.
•  Niels: we will form a small group and the group can start working on considering the bullets before our next meeting next week.
3. AOB
Next subgroup call: Tuesday, February 7th, 19:00 UTC.

Documents Presented

·         Presentation Meeting 12.pdf<https://community.icann.org/download/attachments/63151204/Presentation%20Meeting%2012.pdf?version=1&modificationDate=1485893262000&api=v2>

·         Annex 12 Bullet Points.pdf<https://community.icann.org/download/attachments/63151204/Annex%2012%20Bullet%20Points.pdf?version=1&modificationDate=1485893238000&api=v2>

·         ProposedFoI-HRforCCWG.pdf<https://community.icann.org/download/attachments/63151204/ProposedFoI-HRforCCWG.pdf?version=1&modificationDate=1485893730000&api=v2>

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