Niels I'm not surprised at this in the slightest, given that despite the precatory sentiments, the new By-Laws will operate to remove any legal obligation to respect fundamental rights. You only need to look at ICANN's submission to the ICM Registry -v ICANN case to see how this is scheduled to pan out. On 04/24/2016 07:01 PM, Niels ten Oever wrote:
Dear all,
I hope this email finds you well. Upon re-reading the bylaw text I came across the following issue which does not seem to be in accordance with what we agreed in WS1.
The CCWG report says where it comes to Human Rights:
[ccwg report]
“Within its Core Values, ICANN will commit to respect internationally recognized Human Rights as required by applicable law. This provision does not create any additional obligation for ICANN to respond to or consider any complaint, request, or demand seeking the enforcement of Human Rights by ICANN. This Bylaw provision will not enter into force until (1) a Framework of Interpretation for Human Rights (FOI-HR) is developed by the CCWG-Accountability as a consensus recommendation in Work Stream 2 (including Chartering Organizations’ approval) and (2) the FOI-HR is approved by the ICANN Board using the same process and
criteria it has committed to use to consider the Work Stream 1 recommendations.”
[/ccwg report]
But when I look at the bylaw text it says:
[proposed bylaw]
The Core Value set forth in Section 1.2(b)(viii) shall have no force or effect unless and until a framework of interpretation for human rights (“FOI-HR”) is approved by (i) the CCWG-Accountability as a consensus recommendation in Work Stream 2, (ii) each of the CCWG-Accountability’s chartering organizations and (iii) the Board (in the case of the Board, using the same process and criteria used by the Board to consider the Work Stream 1 Recommendations).
[/proposed bylaw]
Now it is explicitly required that all Chartering Organizations approve the Framework of Interpretation, whereas during WS1 it was agreed that for WS2 we would use exactly the same process of approval as for WS1.
What makes this even more divergent is that this clause is only added for Human Rights in the proposed bylaws and not for any other bylaw. Whereas there was no exceptional procedure for human rights discussed for WS2.
What I propose is to refer to the charter of the CCWG on Accountability for the decision making of all processes in WS2 (including the decision making on the FoI on Human Rights) and not create separate or new requirements or processes.
All the best,
Niels