Bruce Trust me, that is exactly what it it says. It says, "ICANN will respect the law, but will do no more". Under the proposed wording, it is perfectly legal for ICANN to adopting binding policies that require property rights to override free expression rights in every case. There is no applicable law that requires otherwise. I can see where the discontinuity is here. You are conflating the requirement to follow domestic law, with a committment to respect human rights. You are just afraid that someone will one day ask ICANN to honour such a committment, and you want to be able to fall back on "well, we only follow California law". The law against murder is not a law requiring ICANN to respect the right to life. The law against murder is a State respecting the right to life, not ICANN. The same for any other laws that apply to ICANN. It's entirely otiose to say "ICANN will follow the law". That's inherent in ICANN's incorporation and structure. In the UK there is a fairly detailed legal provision that sets out out human rights obligations work (the Human Rights Act 1998 which I studied in detail in law school). Yet even there it is clear from the statute that human rights obligations does not apply to private companies unless they adopt them voluntarily. The wording chosen, on a strict construction, EXCLUDES all human rights obligations -- it does not adopt any at all. If you don't believe me, let's ask Mrs Clooney for her opinion. On 04/02/16 09:02, Bruce Tonkin wrote:
Hello Nigel,
and clearly says "human rights are NOT part of our core values".
I don't think that is quite right.
Applicable law actually covers some human rights (e.g. slavery, torture) - it just may not cover all the human rights that you would like to be considered by ICANN.
There are some human rights that clearly don't apply to ICANN - ie we don't have arrest powers so arbitrary arrest clearly doesn't apply, nor do we charge people with penal offences, or confer nationality on people.
It is determining the relevant human rights that should apply to ICANN beyond the basic set that is in applicable law that is the subject for work stream 2.
Regards, Bruce Tonkin
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