Dear Anne What you are saying may be right but this is outside our terms of reference. We have to establish the draft Recommendation(s) on the FOI relating to Human Rights and submit that to CCWG .Once adopted by CCWG then it will be probably put into public comments After the Recommendation(s) are finalized it7 they will be submitted to ICANN and thus it is up to ICANN to deal with that. Should ICANN decides that parts of all of that should be subject to PDP,it is ICANN decision and policy. Consequently, we should not be involved in the necessity or otherwise of developing PDP or recommending the need or otherwise of PDP. Should there be any doubt on that the chair should raise this point at the next meeting of CCWG Plenary. In view of the above, I strongly disagree with the inclusion of the item in the agenda as an agreed item Regards Kavouss 2016-09-13 22:18 GMT+02:00 Aikman-Scalese, Anne <AAikman@lrrc.com>:
Having said that Human Rights FOI could be introduced in the Subsequent Procedures PDP currently underway but might happen faster via its own Expedited PDP. This is only important if you want to bind registries. Please note that ICANN applicable law in this regard does not automatically apply to registries.
Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _______________________________
Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com
-----Original Message----- From: Aikman-Scalese, Anne Sent: Tuesday, September 13, 2016 1:08 PM To: 'Niels ten Oever'; ws2-hr@icann.org Subject: RE: [Ws2-hr] Proposed Agenda for call September 13 1900 UTC
Dear all, I hope that everyone understands that no provision re Human Rights can be added to a Registry Contract unless developed via Consensus Policy. Consensus Policy is a strictly defined term. (These are the only provisions which may be added unilaterally by ICANN.) Further, the ONLY method of developing Consensus Policy is pursuant to either a full Policy Development Process or else an Expedited Policy Development Process.
So if you think you can adopt a Ruggie principle of ICANN addressing Human Rights in all its business relationships, you must also apply the Ruggie 18 b principle and understand that NO REGISTRY IS BOUND BY ANYTHING OTHER THAN CONSENSUS POLICY (and applicable law of the jurisdiction where the Registry is based.)
Anne
Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _______________________________
Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com -----Original Message----- From: ws2-hr-bounces@icann.org [mailto:ws2-hr-bounces@icann.org] On Behalf Of Niels ten Oever Sent: Monday, September 12, 2016 11:15 PM To: ws2-hr@icann.org Subject: [Ws2-hr] Proposed Agenda for call September 13 1900 UTC
Dear all,
Please find underneath the proposed agenda for the call for September 13 1900 UTC.
Please let me know if you would like to add, amend or remove any agenda points.
1. Administrivia Roll call, absentees, SoIs, etc
2. Final Discussion on: Summary on what was agreed and discussed on human rights during WS1 (attached and here: https://docs.google.com/document/d/1rwpw9aSAqboRO2_ rNkjMVJPOmYwmdr5B1_M_aNMoZb4/edit?usp=sharing )
3. General Discussion & Q&A on Ruggie Principles and Ruggie FIFA report (attached and here: http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_ EN.pdf
https://www.hks.harvard.edu/content/download/79736/1789834/version /1/file/Ruggie_humanrightsFIFA_reportApril2016.pdf )
4. Discussion on: Analysis of Ruggie Principles for ICANN – Short presentation by Drafting Volunteers https://docs.google.com/document/d/ 10XMIVosuEfgmXwr7SQjeNLKI8r_hdONrJNV2ih72V80/edit
5. AOB
Looking forward to the call.
Best,
Niels
-- Niels ten Oever Head of Digital
Article 19 www.article19.org
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