[Wp4] Fwd: Re: [] Variety of formulation for Human Rights bylaw that were made. - corrected

Thu Aug 6 21:35:14 UTC 2015

In terms of next steps, here is a list I put in an email about a week ago,
slightly adapted for the current context.

   - study/analysis/discussion of the underlying documents (treaties,
   conventions, guidelines, standards, etc.) (which in turn requires
   determining which documents are relevant -- there have been several helpful
   suggestions but that can't automatically be taken as exhaustive or
   on-target),
   - understanding the rights put forth in these documents
      (
      and
      any other rights 
      put forth
      as human rights in the WG)
      ,
      - understanding whether all rights under discussion are in fact
      "human rights",
      - understanding how these rights may interact and be balanced
      amongst themselves,

      - understanding how these rights relate to and interact with ICANN's
   mission and activities,
   - understanding how these rights interact
       with other rights and obligations in play at ICANN (including the
      range of possible outcomes of such interactions and how these
interactions
      would take place and be resolved in the ICANN framework),
      - understanding how these rights interact with ICANN's existing
      obligations under US federal, state and local laws and
regulations (some of
      which embody, in differing fashions and degrees, relevant international
      treaties and conventions)
      - 
      how this relates (if at all) to ICANN's Corporate Social
      Responsibility and what efforts have been made or need to be made in that
      regard
      ,
      - find out 
   how other organizations similar to ICANN
    (e.g., I* organizations)
   have dealt with these issues,
   - determining
   which Bylaws
    amendment is the most appropriate outcome relating to this issue (and
   noting that various proposals have been floated in recent weeks),
   - understanding the interaction between such an amendment and other
   B
   ylaws and the Articles of Incorporation, and other normative and
   operative ICANN documents,
   - 
   determining what efforts may need to take place
    and what groups may need to be formed
    as a result of
   a Bylaw 
   amendment (including without limitation PDP (or non-PDP) GNSO Working
   Groups or Cross-Community Working Groups
   )
   ,

   - 
   understanding and integrating with other efforts taking place in and
   around ICANN (GAC WG, "Working Party"),
   - what an "impact analysis" would entail (who, when, how, what criteria,
   what deliverable, what scope, what triggers, etc.),
   - whether there are other "impact analyses" that should also be put in
   place at this time or which are already in place,
   - what the result, effects and consequences (intentional and
   unintentional) of various impact analysis outcomes would be (either on
   present policy and implementation, on future policy and implementation and
   on other ICANN activities).

I think the last 4 points can be left to WS2. For the rest, we'll need to
balance work in WS1 vs. WS2, but I think each requires some work in WS1 to
have a framework of understanding the meaning and consequences of a Bylaws
amendment, and to determine the best way forward in WS1.  A number of these
could (and probably should) generate (or be recast as) "Stress Tests."

This is very much a first draft (or 1.1, since I did revisit it once), so
further contributions and revisions are welcomed.

Greg

On Thu, Aug 6, 2015 at 4:17 PM, Greg Shatan <gregshatanipc at gmail.com> wrote:

> Nope.  Nothing hidden and nefarious here.  I'll leave that to this guy: Greg
> Satan Twitter Page <https://twitter.com/GregShatan>
>
> On Thu, Aug 6, 2015 at 3:52 PM, Dr Eberhard W Lisse <el at lisse.na> wrote:
>
>> Avri,
>>
>> same tactics as usual.
>>
>> Not unexpected.
>>
>>
>> el
>>
>> --
>> Sent from Dr Lisse's iPad mini
>>
>> On Aug 6, 2015, at 20:44, Greg Shatan <gregshatanipc at gmail.com> wrote:
>>
>> Avri,
>>
>> You are certainly entitled to express yourself, and I look forward to a
>> robust and productive discussion.  Again, there is no intention to
>> obfuscate.  The intention is to clarify, which I believe will build a
>> stronger consensus.
>>
>> Greg
>>
>> On Thu, Aug 6, 2015 at 3:38 PM, Avri Doria <avri at acm.org> wrote:
>>
>>> Hi,
>>>
>>> Freedom of expression allows me to object to the statements you make.
>>> I asked nicely, with a please even.  I did not attempt to regulate you
>>> speech.
>>>
>>> I am objecting to what I perceive to be tactics to obfuscate and make
>>> things seem hidden and nefarious.
>>> That too is freedom of expression.
>>>
>>> avri
>>>
>>>
>>> On 06-Aug-15 15:34, Greg Shatan wrote:
>>> > I really don't think using a 500 year old colloquialism "cheapens the
>>> > discussion."  I also find it ironic to find this admonition in a
>>> > discussion about, inter alia, freedom of expression.  Political
>>> > correctness, trigger words, and other such stuff are a not
>>> > inconsequential threat to freedom of expression and freedom of ideas
>>> > -- starting with a kernel of good intentions, and then becoming quite
>>> > damaging....
>>> >
>>> > On Thu, Aug 6, 2015 at 3:05 PM, Avri Doria <avri at acm.org
>>> > <mailto:avri at acm.org>> wrote:
>>> >
>>> >
>>> >
>>> >     On 06-Aug-15 14:28, Greg Shatan wrote:
>>> >     > Otherwise, we are just buying a pig in a poke.
>>> >
>>> >
>>> >     I really have trouble with such a reference to human rights.
>>> >     Please do
>>> >     not cheapen this discussion.
>>> >
>>> >     avri
>>> >
>>> >
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>>> >
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