Jorge, While I can appreciate your position and approach, I note that Greg’s comment is actually forced by the language that has been prematurely inserted into the draft FOI. This was done in the name of “capturing our work” but several have pointed out that it does not actually do so since our work thus far was not at all in the nature of adopting the items that have been added to the draft. So in terms of being constructive, we really must take a step back from forced interpretations found in the proposed FOI text. Perhaps we simply go back to the prior draft as we continue to discuss the principles. That would, in my opinion, be a constructive way forward. Since you initially proposed we merely discuss the Ruggie Principles and their possible applicability, I hope that you would agree to this. As noted on the list, there are many who are not at all in agreement with the text inserted in the draft FOI. Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image003.png@01D21E36.222A9910] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: ws2-hr-bounces@icann.org [mailto:ws2-hr-bounces@icann.org] On Behalf Of Jorge.Cancio@bakom.admin.ch Sent: Tuesday, October 04, 2016 11:43 AM To: gregshatanipc@gmail.com Cc: ws2-hr@icann.org Subject: Re: [Ws2-hr] New Draft Text for FoI Dear Greg I would suggest that we continue on a constructive path. My comment (quoted partially in your email) is intended to highlight that our common ground up to now is to analyze the UNGP on a case by case basis – and logically their usefulness would be determined by the fact that we had problems or not – and if so to what extent etc. Any assumption beyond that, both the one you infer from that partial quote as the one you are furthering from the very beginning of these discussions has not received any consensus or agreement within this group that I am aware of. Therefore, let’s go back to work, let’s not try to infer general assumptions, and let’s analyze what is useful and what is not from the UNGP, based on facts and not on fears. Best Jorge Von: Greg Shatan [mailto:gregshatanipc@gmail.com] Gesendet: Dienstag, 4. Oktober 2016 20:25 An: Cancio Jorge BAKOM <Jorge.Cancio@bakom.admin.ch<mailto:Jorge.Cancio@bakom.admin.ch>> Cc: Niels ten Oever <lists@nielstenoever.net<mailto:lists@nielstenoever.net>>; ws2-hr@icann.org<mailto:ws2-hr@icann.org> Betreff: Re: [Ws2-hr] New Draft Text for FoI First, as a fellow rapporteur I understand the need to move forward, and to create something to react to. I do feel however that we are jumping the gun. I would like to sign on to the concerns expressed by Bastiaan, who in turn is citing the concerns of Matthew and Tatiana. Based on our discussions so far, we have no consensus on whether, to what extent, or how any of the UNGPs might be applied. Yet the document seems to start from the opposite assumption. That concerns me, as I don't think that makes the process shorter but rather complicates our process. I'll paste in a statement that I made in comments to the document (apologies for not providing context): We are not merely seeing "where specific problems may be identified." That is tantamount to assuming the UNGPs are in, unless "problems can be identified." We are not operating under any such assumption. If anything, we are operating under the opposite assumption. We are seeing where the UNGPs can be applied to our work. In other words, no part of the UNGPs are in, unless there is consensus that they are in. Furthermore, there is no assumption that we are taking all or any part of the UNGP "as is" as opposed to being revised, modified, limited, etc. Greg On Tue, Oct 4, 2016 at 4:36 AM, <Jorge.Cancio@bakom.admin.ch<mailto:Jorge.Cancio@bakom.admin.ch>> wrote: Sorry, I forgot to add that I have included a series of comments in the Google doc - hope they are helpful Regards Jorge -----Ursprüngliche Nachricht----- Von: ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org> [mailto:ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org>] Im Auftrag von Jorge.Cancio@bakom.admin.ch<mailto:Jorge.Cancio@bakom.admin.ch> Gesendet: Dienstag, 4. Oktober 2016 10:06 An: lists@nielstenoever.net<mailto:lists@nielstenoever.net> Cc: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Betreff: Re: [Ws2-hr] New Draft Text for FoI Dear Niels thanks for this constructive and useful first draft on the issue. best Jorge Von meinem iPhone gesendet
Am 03.10.2016 um 17:07 schrieb Niels ten Oever <lists@nielstenoever.net<mailto:lists@nielstenoever.net>>:
Dear all,
I hope this e-mail finds you well. To ensure nothing of our constructive discussions is getting lost, and to help us continue to be very concrete, I would like to share with you the attached document, that can also be found here (page 2 onwards):
https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVn kBYUOsA2Q/edit
The document aims to represent a sedimentation of our discussion and suggest a way forward, by providing potential text for the Framework of Interpretation. Partially inspired by the reaction of John Ruggie when I brought up our concerns with him.
I hope this proves to be useful, and I am more than happy to discuss it with you all on the list and the call, and of course work on suggestions and comments in the Google Doc.
Best,
Niels
-- Niels ten Oever Head of Digital
Article 19 www.article19.org<http://www.article19.org>
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