[Discussion-igo-rc] Updated Red Cross Problem Statement (as of 8 March 2017)

[Mary Wong]

Dear all,

Thank you for the suggestions and comments. Staff has uploaded a consolidated, updated document that incorporates the edits and comments from the Red Cross, Jorge and Donna to the Discussion Group wiki space, in both “redlined” and clean format: https://community.icann.org/x/hIPRAw.

Please note that for this updated version, staff has added a footnote containing relevant excerpts from ICANN’s Bylaws and Articles of Incorporation, and responded to one comment respectively from Stephane and Jorge (shown in the text). We have not made any other substantive changes pending further direction from Bruce and discussion among this group. If we may, we respectfully suggest that any additional comments or suggestions be sent to this list rather than inserted into the document so that everyone is preparing for the weekend discussions from the same version of the document (i.e. the version dated 8 March). Staff will, of course, be sure to note any and every additional comment made between now and the weekend sessions.

For your convenient reference, the footnote containing excerpts from ICANN’s Bylaws and Articles of Incorporation reads as follows:

Under the ICANN Bylaws, one of ICANN’s Core Values that is to “guide the decisions and actions of ICANN” is stated to be “[s]eeking and supporting broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet at all levels of policy development and decision-making to ensure that the bottom-up, multistakeholder policy development process is used to ascertain the global public interest and that those processes are accountable and transparent” (Section 1.2(b)(ii)). Other Core Values include the following: “[w]hile remaining rooted in the private sector (including business stakeholders, civil society, the technical community, academia, and end users), recognizing that governments and public authorities are responsible for public policy and duly taking into account the public policy advice of governments and public authorities” and “striving to achieve a reasonable balance between the interests of different stakeholders, while also avoiding capture (Section 1.2(b)(vi) and (vii).

Section 1.2(c) notes that “The specific way in which Core Values are applied, individually and collectively, to any given situation may depend on many factors that cannot be fully anticipated or enumerated. Situations may arise in which perfect fidelity to all Core Values simultaneously is not possible. Accordingly, in any situation where one Core Value must be balanced with another, potentially competing Core Value, the result of the balancing must serve a policy developed through the bottom-up multistakeholder process or otherwise best serve ICANN's Mission.”

In addition, ICANN’s Articles of Incorporation require ICANN to “operate in a manner consistent with these Articles and its Bylaws for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and international conventions and applicable local law and through open and transparent processes that enable competition and open entry in Internet-related markets” and to “pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet by carrying out the mission set forth in the bylaws of the Corporation (“Bylaws”). Such global public interest may be determined from time to time.  Any determination of such global public interest shall be made by the multistakeholder community through an inclusive bottom-up multistakeholder community process.”

For all who are traveling to Copenhagen, please allow us to wish you a safe journey, and we look forward to seeing you there.

Cheers
Mary & Olof

From: "Jorge.Cancio at bakom.admin.ch" <Jorge.Cancio at bakom.admin.ch>
Date: Tuesday, March 7, 2017 at 12:28
To: "Donna.Austin at neustar.biz" <Donna.Austin at neustar.biz>, "shankins at icrc.org" <shankins at icrc.org>, Mary Wong <mary.wong at icann.org>
Cc: "discussion-igo-rc at icann.org" <discussion-igo-rc at icann.org>
Subject: [Ext] AW: [Discussion-igo-rc] Comments on the updated problem statement / List of national legislation on the use and protection of the Red Cross and Red Crescent emblems and designations

Dear Donna
Quick reaction: I would be ok with referring in a footnote the relevant instances where the „global public interest“ is mentioned both in the Articles and the Bylaws.
Kind regards
Jorge

Von: Austin, Donna [mailto:Donna.Austin at neustar.biz]
Gesendet: Dienstag, 7. März 2017 17:49
An: Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>; shankins at icrc.org; mary.wong at icann.org
Cc: discussion-igo-rc at icann.org
Betreff: RE: [Discussion-igo-rc] Comments on the updated problem statement / List of national legislation on the use and protection of the Red Cross and Red Crescent emblems and designations

Hi Jorge and Stephane

Some comments on the problem statement for consideration.

Thanks

Donna

From: discussion-igo-rc-bounces at icann.org<mailto:discussion-igo-rc-bounces at icann.org> [mailto:discussion-igo-rc-bounces at icann.org] On Behalf Of Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>
Sent: Tuesday, March 07, 2017 12:42 AM
To: shankins at icrc.org<mailto:shankins at icrc.org>; mary.wong at icann.org<mailto:mary.wong at icann.org>
Cc: discussion-igo-rc at icann.org<mailto:discussion-igo-rc at icann.org>
Subject: Re: [Discussion-igo-rc] Comments on the updated problem statement / List of national legislation on the use and protection of the Red Cross and Red Crescent emblems and designations

Dear all,

building on the comments made by Stéphane, I’m attaching both the briefing paper as well as the problem statement with some additional minor changes and additions.

Best regards

Jorge

Von: discussion-igo-rc-bounces at icann.org<mailto:discussion-igo-rc-bounces at icann.org> [mailto:discussion-igo-rc-bounces at icann.org] Im Auftrag von Stephane Hankins
Gesendet: Montag, 6. März 2017 21:16
An: Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>
Cc: discussion-igo-rc at icann.org<mailto:discussion-igo-rc at icann.org>
Betreff: [Discussion-igo-rc] Comments on the updated problem statement / List of national legislation on the use and protection of the Red Cross and Red Crescent emblems and designations

Dear Mary, dear Olof,

Many thanks for your recent messages and for all the documents prepared and circulated.

(1) We are not sure whether the updated problem statement dated 4 March is still open for comments.

We are attaching herewith a revised version of the problem statement including our comments and suggestions in track-changes.

(2) We are also attaching herewith an updated list of national legislation on the use and protection of the Red Cross and Red Crescent emblems and names, as adopted in implementation of the 1949 Geneva Conventions and their Additional Protocols in over 130 States worldwide.

With kind regards and looking forward to meeting all members of the discussion group in Copenhagen at the end of this week,

Stéphane


Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19

-----discussion-igo-rc-bounces at icann.org<mailto:-----discussion-igo-rc-bounces at icann.org> a écrit : -----
A : "discussion-igo-rc at icann.org<mailto:discussion-igo-rc at icann.org>" <discussion-igo-rc at icann.org<mailto:discussion-igo-rc at icann.org>>
De : Mary Wong
Envoyé par : discussion-igo-rc-bounces at icann.org<mailto:discussion-igo-rc-bounces at icann.org>
Date : 04/03/2017 22:10
Objet : [Discussion-igo-rc] FOR REVIEW: List of updated documents
Dear all,

On behalf of Bruce Tonkin, please find attached an updated Problem Statement on the topic of Red Cross identifier protections.

With this update, this means that the following documents have now been circulated to this group as of today:

•         Red Cross – updated Problem Statement (dated today, 4 March 2017) and draft Briefing Paper (circulated on 2 March 2017)


•         IGOs – Problem Statement (updated and circulated on 2 March 2017)

All the above-noted documents, as well as an updated Process Framework Outline (most recently updated by Bruce) can be found on this page on the Discussion Group’s wiki space, marked either “Updated” or “New”: https://community.icann.org/x/hIPRAw<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_hIPRAw&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=CGBilymRgyMBLoSvQmkheDnX6vQ-xnGrAlEHUv3-QHY&s=ngGwDXvCCNfbn0oQRO3y2FAC4NnS0PTKkRR8i8P9RJc&e=>.

Staff is continuing to work with Bruce to try to complete a draft Briefing Paper on IGO Acronyms for circulation as soon as we can.

Thanks and cheers
Mary and Olof
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