Dear Mr. Niels ten Oever, Thank you very much for the materials that you have extracted either from WS1 WP4 or from Two CCWG Recommendations. Some distinguished colleagues quite knowledgeable and qualified wish to reopen the extensive discussions that we have had at WP4 and at CCWG WS1in an attempt to have a new round of discussion on the matter whereas our terms of reference is limited to the parts included in one of the background material that you have provided ,namely 1. to consider which specific Human Rights conventions or other instruments, if any,should be used by ICANN in interpreting and implementing the Human Rights Bylaw. 2.to consider the policies and frameworks, if any, that ICANN needs to develop or enhance in order to fulfill its commitment to respect Human Rights. 3.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. 4-to consider what effect, if any, this Bylaw would have on ICANN’s consideration of advice given by the Governmental Advisory Committee (GAC). 5.to consider how, if at all, this Bylaw will affect how ICANN’s operations are carried out. 6.to consider how the interpretation and implementation of this Bylaw will interact with existing and future ICANN policies and procedures”. It should be emphasized that the Framework of Interpretation is to be developed “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” Moreover, it is clearly stated in the Report of CCWG,WS1 that The proposed draft Bylaw on Human Rights would reaffirm ICANN’s existing obligations within its Core Values, and would clarify ICANN’s commitment to respect Human Rights. We therefore should avoid using other verb such as " Protect" or " enforce" or any other verb instead of " respect" .Similarly ,we do not need to interpret what we mean by to respect as the term respect is a known term and needs not to be described nor to be interpreted In addition, it was emphasized that The bylaw will not expand ICANN’s narrow scope and mission We should avoid to convert this sub group activities to a Philosophical, Psychological, and research activities. We are neither the UN General I hope you will lead the group in order that it remains within its limited trams of reference and just answer those questions raised above, Best Regards. Arasteh 2016-09-06 0:19 GMT+02:00 Niels ten Oever <lists@nielstenoever.net>:

Dear all,

Please find underneath and attached the proposed agenda for our call of Sept 6 19:00 UTC.

Also please find attached a rather advanced version of the document mentioned under agenda point 2, the summary of the Human Rights work under Workstream 1.

1. Administrivia Roll call, absentees, SoIs, etc 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 https://docs.google.com/document/d/1rwpw9aSAqboRO2_ rNkjMVJPOmYwmdr5B1_M_aNMoZb4/edit?usp=sharing 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_ MofOQFBN8CMuJqTG_h9h4/edit?usp=sharing 4. Discussion on FoI draft document https://docs.google.com/document/d/1emqmzyB9_ 0vm6oKxhIWZ47L7lxcFKUBHVnkBYUOsA2Q/edit 5. AOB

ICANN staff informed me that they are working on providing more real time collaboration methods, but currently they do not offer such services. So until that time I am afraid we are stuck with Google Docs.

As always feel free to suggest addition or changes to the points above.

Best,

Niels -- Niels ten Oever Head of Digital

Article 19 www.article19.org

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_______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr

Dear Niels May I kindly request clarification on the status of our inquiry into the (legal) effects that the HR commitment we are talking about is a "core value"? According to the new Bylaws "core values" are “guidance” (“should also guide the decisions and actions of ICANN…”) and are subject to a specific balancing and interpretation clause: "(c) The Commitments and Core Values are intended to apply in the broadest possible range of circumstances. The Commitments reflect ICANN’s fundamental compact with the global Internet community and are intended to apply consistently and comprehensively to ICANN’s activities. The specific way in which Core Values are applied, individually and collectively, to any given situation may depend on many factors that cannot be fully anticipated or enumerated. Situations may arise in which perfect fidelity to all Core Values simultaneously is not possible. Accordingly, in any situation where one Core Value must be balanced with another, potentially competing Core Value, the result of the balancing must serve a policy developed through the bottom-up multistakeholder process or otherwise best serve ICANN’s Mission." I feel this is quite relevant for our discussions, as it sets the frame of the effect of the new HR "core value". Best and looking forward to your guidance and apologies if I have missed any relevant message on this issue Jorge -----Ursprüngliche Nachricht----- Von: ws2-hr-bounces@icann.org [mailto:ws2-hr-bounces@icann.org] Im Auftrag von Niels ten Oever Gesendet: Dienstag, 6. September 2016 00:19 An: ws2-hr@icann.org Betreff: [Ws2-hr] Proposed Agenda Call Sept 6 19:00 UTC Dear all, Please find underneath and attached the proposed agenda for our call of Sept 6 19:00 UTC. Also please find attached a rather advanced version of the document mentioned under agenda point 2, the summary of the Human Rights work under Workstream 1. 1. Administrivia Roll call, absentees, SoIs, etc 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNMo... 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_h... 4. Discussion on FoI draft document https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVnkBYUOs... 5. AOB ICANN staff informed me that they are working on providing more real time collaboration methods, but currently they do not offer such services. So until that time I am afraid we are stuck with Google Docs. As always feel free to suggest addition or changes to the points above. Best, Niels -- Niels ten Oever Head of Digital Article 19 www.article19.org<http://www.article19.org> PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

Thanks Niels. Can you please make certain that when we are discussing one of these docs, a pdf will be posted in the Adobe Room that shows all the comments given? Thank you, 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 05, 2016 3:19 PM To: ws2-hr@icann.org Subject: [Ws2-hr] Proposed Agenda Call Sept 6 19:00 UTC Dear all, Please find underneath and attached the proposed agenda for our call of Sept 6 19:00 UTC. Also please find attached a rather advanced version of the document mentioned under agenda point 2, the summary of the Human Rights work under Workstream 1. 1. Administrivia Roll call, absentees, SoIs, etc 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNMo... 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_h... 4. Discussion on FoI draft document https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVnkBYUOs... 5. AOB ICANN staff informed me that they are working on providing more real time collaboration methods, but currently they do not offer such services. So until that time I am afraid we are stuck with Google Docs. As always feel free to suggest addition or changes to the points above. 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 ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.