All,

The first issue raised in this thread is a fact question with regard to what Annex 6 and Annex 12 actually say.  I've gone back and looked at the Final Report and Annexes, dated February 23. Unfortunately, based on this review, there appear to be some errors in the email.  It appears that an earlier version of CCWG Final Report and Annexes might have been used to grab the text quoted in the email.  

In Annex 6, Paragraph 28 (not Paragraph 14) contains the operative language.  It is almost, but not quite, the same as the language quoted in the email.  In either case, the paragraph does not contain the "if any" identified by Brett Schaeffer.  This paragraph is part of a section entitled "Detailed Explanation of Recommendations," in a subsection entitled "Operationalizing the Commitment to Respect Human Rights."  However, this paragraph is probably not the right one to quote from Annex 6, as there is another similar paragraph (Paragraph 7) in Annex 6, but it's in the section entitled "CCWG-Accountability Recommendations,"  which would seem to make it more authoritative than Paragraph 28.  Paragraph 7 does contain the "if any" identified by Brett.

Paragraph 7 reads as follows:

o   Include the following in Work Stream 2 activities:

§  Develop an FOI-HR for the Human Rights Bylaw.

§  Consider which specific Human Rights conventions or other instruments, if any, should be used by ICANN in interpreting and implementing the Human Rights Bylaw.

§  Consider the policies and frameworks, if any, that ICANN needs to develop or enhance in order to fulfill its commitment to respect Human Rights.

§  Consistent with ICANN’s existing processes and protocols, consider how these new frameworks should be discussed and drafted to ensure broad multistakeholder involvement in the process.

§  Consider what effect, if any, this Bylaw will have on ICANN’s consideration of advice given by the Governmental Advisory Committee (GAC).

§  Consider how, if at all, this Bylaw will affect how ICANN’s operations are carried out.

§  Consider how the interpretation and implementation of this Bylaw will interact with existing and future ICANN policies and procedures.

Paragraph 28 reads as follows: 

28      The Human Rights-related activities to be addressed in Work Stream 2 are:

• Developing an FOI-HR for the Bylaw.
• Considering which specific Human Rights conventions or other instruments should be used by ICANN in interpreting and implementing the Bylaw.
• Considering the policies and frameworks, if any, that ICANN needs to develop or enhance in order to fulfill its commitment to respect Human Rights.
• Considering how these new frameworks should be discussed and drafted to ensure broad multistakeholder involvement in the process, consistent with ICANN’s existing processes and protocols.
• Considering what effect, if any, this Bylaw will have on ICANN’s consideration of advice given by the GAC.
• Considering how, if at all, this Bylaw will affect how ICANN’s operations are carried out once an FOI-HR is developed by the CCWG-Accountability as a consensus recommendation in Work Stream 2 (including Chartering Organizations’ approval) and the FOI-HR is approved by the ICANN Board using the same process and criteria it has committed to use to consider the Work Stream 1 recommendations
• Considering how the interpretation and implementation of this Bylaw will interact with existing and future ICANN policies and procedures.

It appears that the "if any" was added to Paragraph 7 in the CCWG draft of February 17, but the conforming change to paragraph 28 was never made.

Annex 12 is also not accurately quoted.  In the final version, Paragraph 24 (not Paragraph 18) does contain the "if any" identified by Brett.  Paragraph 24 differs slightly from the quoted Paragraph 18 in other ways as well.  It reads:

24      To ensure that adding the proposed Human Rights Bylaw provision into the ICANN Bylaws does not lead to an expansion of ICANN’s Mission or scope, the CCWG -Accountability will develop a Framework of Interpretation for Human Rights (FOI-HR) as a consensus recommendation in Work Stream 2 to be approved by the ICANN Board using the same process and criteria as for Work Stream 1 recommendations, and the Bylaw provision will not enter into force before the FOI-HR is in place. The CCWG-Accountability will consider the following as it develops the FOI-HR:

·           Consider which specific Human Rights conventions or other instruments, if any, should be used by ICANN in interpreting and implementing the Human Rights Bylaw.

·           Consider the policies and frameworks, if any, that ICANN needs to develop or enhance in order to fulfill its commitment to respect Human Rights.

·           Consistent with ICANN’s existing processes and protocols, consider how these new frameworks should be discussed and drafted to ensure broad multistakeholder involvement in the process.

·           Consider what effect, if any, this Bylaw would have on ICANN’s consideration of advice given by the Governmental Advisory Committee (GAC).

·           Consider how, if at all, this Bylaw will affect how ICANN’s operations are carried out.

·           Consider how the interpretation and implementation of this Bylaw will interact with existing and future ICANN policies and procedures.

It probably makes sense to send a revised letter with accurate quotations to the CCWG-Plenary, which doesn't meet for another week.  I'm happy to prepare one and circulate it to the group.

Apologies for the length of this email, but it's mostly quotes.

Greg