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December 2016

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Notes, recordings and transcript for WS2 Human Rights Subgroup Meeting #14 | 02 DEC 16
by MSSI Secretariat Dec. 3, 2016

Dec. 3, 2016

Hello all, Please see the notes and details for the CCWG Accountability WS2 - Human Rights Subgroup Meeting #14 here: https://community.icann.org/x/ypXDAw A copy of the notes is also listed below. Thank you! Kind Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Assistant ICANN | Internet Corporation for Assigned Names & Numbers 12025 Waterfront Drive, Playa Vista, CA 90094 yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> | www.icann.org<http://www.icann.org/> Notes 1. Administrivia • Audio only: Leon Sanchez • No SOI updates • Nigel Roberts will no longer be co-rapporteur of this subgroup, as he couldn't make the time commitment anymore. • 10 working weeks till Copenhagen. • Next meeting Friday 19:00 UTC is an exception, will resume with regular schedule thereafter. 2. Analysis and discussion on the progress of the drafting team working on the new proposal for FoI • 2nd reading continued b.‘within the scope of other Core Values’ (with minor changes as per discussion last week) • Drafting team has worked on this section • Tatiana presented the revised text proposed by the drafting team • The openning bracket before "finally" is a mistake and will be removed. • David asking to clarify what the revision is about. • Tatiana indicated that the revision was about "legal hierarchy". • Greg indicated that the compromise proposed is the use of the work "standing' instead of "legal", ie "no standing hierarchy". • No further comments from the group. c.‘respecting’ • Greg read the section on "respecting" • No further comments from the group d. ‘internationally recognized human rights’ • Greg read the section on "internationally recognized human rights" • Greg indicated that "International" should not be capitalized • Andrew asked: "not applicable" in a legal sense? • Greg: not applicable in any sense • Group agrees with Greg's explanation • Kavouss: international law should not interfere with applicable law • Greg: this is covered by the section "Furthermore, depending on the jurisdiction etc." as well as the next section. • David McAuley (RySG): it seems clear to me that national legislation is addressed in what Greg just read • Niels suggests moving to next section. e. ‘as required by applicable law’ • Tatiana read the section on "as required by applicable law" • No changes were made here • No comments from the group f. ‘This Core Value does not create, and shall not be interpreted to create, any obligation on ICANN outside its Mission or beyond obligations found in applicable law’ • Greg read the section • No changes made • No comments from the group g. ‘‘This Core Value does not obligate ICANN to enforce its human rights obligations or the human rights obligations of other parties, against other parties’ (with minor changes as per discussion last week) • Greg read the section • Kavouss: "other parties against other parties" doesn't seem correct, suggest changing to "one party against other" • Greg agrees that the use of repetitive "other parties" is somewhat confusing. Suggest "one party against other parties" or " a party against other parties" • David McAuley (RySG): The language is inelegant but in bylaws as I recall • Jorge Cancio (GAC Switzerland): it is very much like the Bylaws text - I'll defer to native speakers here... • Andrew Mack: of a party against others sounds best • Niels ten Oever proposes: This part of the bylaw draws the clear line between “respect” for human rights as a Core Value and any attempt to extend the Bylaw into requiring ICANN to enforce the human rights obligations of ICANN or any other party against other parties. • Group agrees with Niels text. • 2nd reading now finalized • Need to discuss next steps: do we want to share this part of the work with the plenary now, or prefer to work on the other document first? • Cheryl suggests sending this part to the plenary. • Group votes to decide whether to send or wait. QUorum in favor of sending the FoI to the plenary for discussion • ACTION (Niels): will take care of sending the FoI to the plenary 3. AOB • Leon congratulated the subgroup for the progress made.

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Proposed agenda meeting November 22 - 19:00 UTC
by Niels ten Oever Dec. 2, 2016

Dec. 2, 2016

Dear all, I hope this email finds you well. Please find underneath and attached the proposed agenda. 1. Administrivia Roll call, absentees, SoIs, etc 2. Analysis and discussion on the progress of the drafting team working on the new proposal for FoI 1st reading continued f. ‘This Core Value does not create, and shall not be interpreted to create, any obligation on ICANN outside its Mission or beyond obligations found in applicable law’ g. ‘‘This Core Value does not obligate ICANN to enforce its human rights obligations or the human rights obligations of other parties, against other parties’ 2nd reading a.‘within the scope of its Mission’ b.‘within the scope of other Core Values’ (with minor changes as per discussion last week) c.‘respecting’ d. ‘internationally recognized human rights’ e. ‘as required by applicable law’ 3. AOB Please find also attached the current version of the working document. It can also be found here: https://docs.google.com/document/d/1ZJ02NHeKt9krBGd9V4q54_gl_RPcWGA9d8-WuV_… I hope that the people who brought up issues with the text under 'b.‘within the scope of other Core Values’' can check whether the current text works according to their suggestions, same with 'c.‘respecting’'. If not, it would be highly appreciated if people could suggest new text either on the google doc or on this list. All the best, Niels -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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