Hi Niels,
while I stand by the assessment that the different language does not have a legal impact, I was not referring to a decision made by the lawyers, but by our group based on the lawyer’s input.

Best,
Thomas


Am 21.05.2016 um 12:19 schrieb Niels ten Oever <lists@nielstenoever.net>:

Hi Thomas,

Am not sure if it is procedurally a good idea to have the lawyers make
decisions on behalf of the CCWG, especially if there was consensus in
the CCWG.

Also I think 'until' implies a temporal condition, whereas unless
implies a categorical condition, which I think is structurally different.

Best,

Niels



On 05/18/2016 09:26 AM, Thomas Rickert wrote:
Hi Niels,
we had been advised by our law firms that there is no real legal
difference between the two alternatives, which is why the comment has
not made its way into the final version of the CCWG comment if memory
does not fail me. If you still think this needs fixing, please do submit
a comment to bring it to the attention of the drafting teams.

Thanks,
Thomas

---
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eco.de <http://eco.de>


Am 17.05.2016 um 10:36 schrieb Niels ten Oever <lists@nielstenoever.net
<mailto:lists@nielstenoever.net>>:

Dear Mathieu,

Thanks for this. There is an issue related to the Human Rights bylaw,
which we have discussed and on which I think we reach agreement that has
not been addressed in the CCWG public comment. Namely the comment made
by Seth underneath, the exclusion of the text "unless and", about which
I thought we reached consensus.

Since the CCWG comments have already been submitted, how would you
advice to proceed on this matter?

Best,

Niels


On 05/13/2016 07:45 PM, Seth Johnson wrote:
Note for all: This does not address the inclusion of "unless and" in
Section 27.3 (a), which makes the FOI on HR conditional and does not
reflect the CCWG Report which only says the Core Value is not in force
"until" the FOI is developed.  Already said this, with some support.
Repeating for reference once again.


Seth


On Fri, May 13, 2016 at 12:23 PM, Mathieu Weill
<mathieu.weill@afnic.fr <mailto:mathieu.weill@afnic.fr>> wrote:
Dear Colleagues,



Attached is the comment posted to the public comment forum on the Draft
Icann Bylaws on our behalf. Thanks to all of you for contributing to
this
effort.



https://forum.icann.org/lists/comments-draft-new-bylaws-21apr16/



Best

Thomas, Leon & Mathieu



De : Mathieu Weill [mailto:weill@afnic.fr]
Envoyé : vendredi 13 mai 2016 18:19
À : 'comments-draft-new-bylaws-21apr16@icann.org
<mailto:comments-draft-new-bylaws-21apr16@icann.org>'
Objet : CCWG Accountability comment



Please find enclosed the comment submitted on behalf of the Cross
Community
Working Group en Enhancing Icann’s Accountability.



Best regards,

Thomas Rickert, Leon Felipe Sanchez and Mathieu Weill

Co-chairs


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