Niels,
We trust it has been checked for risks, but since the Board has raised the issue and possible added new ideas to the discussion of risks, we should have this double-checked.
Best,
Thomas
-----BEGIN PGP SIGNED MESSAGE-----Hash: SHA256If you would permit me, I have a small process question:The proposed text on human rights in the CCWG report has already beenreviewed by lawyers (at the time it was prepared by WP4). Were thesethe same lawyers that will answer the proposed question underneath? Ifso, have they not checked for these risks the last time? If so, thiscould save us some time.Best,NielsOn 01/06/2016 02:41 PM, Niels ten Oever wrote:Hi all,
I would like to thank the co-chairs for their suggestion at the end
of yesterdays call. Please allow me to make some suggestions to the
language:
***
In their comment to the 3rd CCWG draft report the ICANN Board has
raised concerns that the proposed inclusion of language in the
bylaws with respect to human rights might lead to an increased risk
of ICANN being exposed to legal claims or even law suits.
We would appreciate if you could provide us with a brief
assessment whether the inclusion of these bylaws would increase the
risk of ICANN being exposed to legal claims or even law suits vis a
vis the current situation (taking into account the existing
obligations under article 4 of ICANNs articles of incorporation),
and if so, how such risk could be mitigated.
***
Best,
Niels
On 01/06/2016 02:13 PM, Thomas Rickert wrote:
All, as discussed during yesterday’s CCWG call, please find
below the draft certification language to be sent to the lawyers
with respect to the human rights recommendation and the Board’s
concerns about legal risks. I plan to certify at 14.00 UTC
tomorrow.
*** The ICANN Board has raised concerns that the proposed
inclusion of language in the bylaws with respect to human rights
might lead to an increased risk of ICANN being exposed to legal
claims or even law suits.
We would appreciate if you could provide us with a brief
assessment and suggestions on how such risk can be mitigated. It
is our understanding that human rights have been indirectly
referred to in ICANN's bylaws already, so please also indicate
whether (according to your assessment) the language that shall be
added to the bylaws according to our 3rd report is establishing a
new risk or an increased risk, if any. ***
Kind regards, Thomas Rickert
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- -- Niels ten OeverHead of DigitalArticle 19www.article19.orgPGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9-----BEGIN PGP SIGNATURE-----Version: GnuPG v2iQEcBAEBCAAGBQJWjRvcAAoJEAi1oPJjbWjpiL4H/08f9uvS7Re/f6pxH06HbjeiaWAXLigeqlsKdYJQGPRhe5hOYpvw48huNC6ed6wbfjHgqPbHyHzAjThsGu4z5GB55NQYufmBtjvgs2j2n6MiwJFQx1cQVv54gwe6tPTWG1G1qZGc9uat2eFY4G609lSiDImT1FTnuGcTOuNdEX6sWJsx+IAcgKLYbs9yXUzAHeUIX0WeKFdbwxBMbvMHpfVX0XZvfz9t8QPUD7hhaApWio34NV9h9nTw17/F4kg0oNlZLT4l7RTxSH4vgTI7RD5YyNa/RZriZAOhEyODuyjpsCbjetg/kReol9RGEHKt5LO079HwTZN4LO4TvTd/qKQ==vdV0-----END PGP SIGNATURE-----_______________________________________________Accountability-Cross-Community mailing listAccountability-Cross-Community@icann.orghttps://mm.icann.org/mailman/listinfo/accountability-cross-community