Thank you for the question, Kavouss.

My personal preference as a drafting team member would be to retain “could.”  I understand it to more definitely represent an option – an alternative that could be chosen, but might not be.

“May,” to my thinking, could be read to indicate something that will happen, especially in a legal context.

Best wishes,

David

David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154

From: Kavouss Arasteh [mailto:kavouss.arasteh@gmail.com]
Sent: Wednesday, August 09, 2017 1:28 PM
To: McAuley, David <dmcauley@Verisign.com>
Cc: ws2-hr@icann.org
Subject: [EXTERNAL] Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line]

David, Thank It is good.

Is it possible to replace " Could 2 BY "May" to make it quite clear that the action is optional

Regards

Kavouss  

On Wed, Aug 9, 2017 at 7:20 PM, McAuley, David via Ws2-hr <ws2-hr@icann.org> wrote:

As part of the drafting team recruited yesterday during the call, I would like to suggest text to consider (BTW – I don’t think there is a separate “drafting team” email list for this discrete effort).

BACKGROUND:

Here is text as proposed by Niels prior to our call yesterday (the original text is in his email forwarded below):

3.1 When examining its operations, ICANN the organization could consider using a framework like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights, and offer remediation.
However, it is up to ICANN the organization to decide the most appropriate framework and instrument to do this. The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting.

I suggested a different text on list yesterday but I have tweaked it in my latest suggested text below to take account of two points Kavouss made on list.

First, I use the word “mechanism” instead of “framework” and I add a reference to voluntary remediation, agreeing with Kavouss to attempt to address comments by several country reps to the group.

MY LATEST SUGGESTED TEXT:

3.1 When examining its operations, ICANN the organization could consider using a mechanism like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights. It could also consider, in appropriate cases, voluntary remediation efforts. However, it is up to ICANN the organization to decide whether to do so, and if so how (i.e., choosing the most appropriate framework, instrument, or remediation effort). The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting.

Best regards,
David

David McAuley
Sr International Policy & Business Development Manager
Verisign Inc.
703-948-4154

-----Original Message-----
From: ws2-hr-bounces@icann.org [mailto:ws2-hr-bounces@icann.org] On Behalf Of Niels ten Oever
Sent: Tuesday, August 08, 2017 3:55 PM
To: ws2-hr@icann.org
Subject: [EXTERNAL] [Ws2-hr] red line

Hi all,

Original text:

When examining its operations, ICANN the organization could also consider instruments such as HRIAs to assess their impact on Human Rights.  However, this is up to ICANN the organization to develop and implement. The results of such HRIAs should be reflected in ICANN’s annual reporting.

Text proposed by me on the call:

When examining its operations, ICANN the organization could consider using a framework like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights, and offer remediation.
However, it is up to ICANN the organization to decide the most appropriate framework and instrument to do this. The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting.

I am greatly looking forward to the suggestion of the drafting team.

Best,

Niels


--
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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