Drafting Team member - Suggested Text [renamed subject line]
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 PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr
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
PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 ______________________________ _________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr
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<mailto: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<tel:703-948-4154> -----Original Message----- From: ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org> [mailto: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<mailto: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<http://www.article19.org> PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr
David If the proposed text received supèport from all parties, I have no difficulty to retain Could Kavouss On Wed, Aug 9, 2017 at 7:38 PM, McAuley, David via Ws2-hr <ws2-hr@icann.org> wrote:
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 <(703)%20948-4154>
*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
PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 ______________________________ _________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr
_______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr
Hi David, I still think that if ICANN org is going to adopt a "framework" to assess its impact on Human Rights, it has to go to the SOs and ACs before doing so in order to respect their role in the policy-making process. Again, this is in the Considerations document already and it specifically refers to adoption of a "framework" so we don't want to say it is up to ICANN the organisation to make that choice of "framework" unless we mean that ICANN org must consult with SOs and ACs first. Is that what we mean? 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 McAuley, David via Ws2-hr Sent: Wednesday, August 09, 2017 10:20 AM To: ws2-hr@icann.org Subject: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] 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 PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org https://mm.icann.org/mailman/listinfo/ws2-hr ________________________________ 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.
Anne — I think David is making a distinction between how ICANN (the corporation) implements its HR policies in its operations and compliance, versus how gNSO and ccNSO consider HR in their development of policies. Is that right, David? If so, this could clarify the current discussion. From: <ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org>> on behalf of "Aikman-Scalese, Anne" <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> Date: Wednesday, August 9, 2017 at 2:33 PM To: David McAuley <dmcauley@verisign.com<mailto:dmcauley@verisign.com>> Cc: "ws2-hr@icann.org<mailto:ws2-hr@icann.org>" <ws2-hr@icann.org<mailto:ws2-hr@icann.org>> Subject: Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] Hi David, I still think that if ICANN org is going to adopt a "framework" to assess its impact on Human Rights, it has to go to the SOs and ACs before doing so in order to respect their role in the policy-making process. Again, this is in the Considerations document already and it specifically refers to adoption of a "framework" so we don't want to say it is up to ICANN the organisation to make that choice of "framework" unless we mean that ICANN org must consult with SOs and ACs first. Is that what we mean? Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto: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> [mailto:ws2-hr-bounces@icann.org] On Behalf Of McAuley, David via Ws2-hr Sent: Wednesday, August 09, 2017 10:20 AM To: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] 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> [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<mailto: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 PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr ________________________________ 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. _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr
Agreed– that is correct Steve, what I meant Best regards, David David McAuley Sr International Policy & Business Development Manager Verisign Inc. 703-948-4154 From: Steve DelBianco [mailto:sdelbianco@netchoice.org] Sent: Wednesday, August 09, 2017 2:49 PM To: Aikman-Scalese, Anne <AAikman@lrrc.com>; McAuley, David <dmcauley@Verisign.com> Cc: ws2-hr@icann.org Subject: [EXTERNAL] Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] Anne — I think David is making a distinction between how ICANN (the corporation) implements its HR policies in its operations and compliance, versus how gNSO and ccNSO consider HR in their development of policies. Is that right, David? If so, this could clarify the current discussion. From: <ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org>> on behalf of "Aikman-Scalese, Anne" <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> Date: Wednesday, August 9, 2017 at 2:33 PM To: David McAuley <dmcauley@verisign.com<mailto:dmcauley@verisign.com>> Cc: "ws2-hr@icann.org<mailto:ws2-hr@icann.org>" <ws2-hr@icann.org<mailto:ws2-hr@icann.org>> Subject: Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] Hi David, I still think that if ICANN org is going to adopt a "framework" to assess its impact on Human Rights, it has to go to the SOs and ACs before doing so in order to respect their role in the policy-making process. Again, this is in the Considerations document already and it specifically refers to adoption of a "framework" so we don't want to say it is up to ICANN the organisation to make that choice of "framework" unless we mean that ICANN org must consult with SOs and ACs first. Is that what we mean? Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto: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> [mailto:ws2-hr-bounces@icann.org] On Behalf Of McAuley, David via Ws2-hr Sent: Wednesday, August 09, 2017 10:20 AM To: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] 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> [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<mailto: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<http://www.article19.org> PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. 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I agree with you both, but want to point out that the Ruggie “mechanism” asks that ICANN assess “all its business relationships”. Thus, if this mechanism is chosen by ICANN the organization, that would naturally include Contracted Party agreements unless it is clear that ICANN org is not supposed to be assessing the impact of the Registry and Registrar agreements. We don’t actually limit this assessment to ICANN’s INTERNAL operations in the current “Considerations” language. I think there is a very good argument that ICANN’s operations include its activities in negotiating and entering into Agreements with the Contracted Parties so that is where I think we have to be clear that any mechanism used does not reach that far without SO and AC involvement. So I would suggest, “When examining its internal operations, … Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image003.png@01D3110B.06118400] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: McAuley, David [mailto:dmcauley@verisign.com] Sent: Wednesday, August 09, 2017 11:54 AM To: sdelbianco@netchoice.org; Aikman-Scalese, Anne Cc: ws2-hr@icann.org Subject: RE: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] Agreed– that is correct Steve, what I meant Best regards, David David McAuley Sr International Policy & Business Development Manager Verisign Inc. 703-948-4154 From: Steve DelBianco [mailto:sdelbianco@netchoice.org] Sent: Wednesday, August 09, 2017 2:49 PM To: Aikman-Scalese, Anne <AAikman@lrrc.com<mailto:AAikman@lrrc.com>>; McAuley, David <dmcauley@Verisign.com<mailto:dmcauley@Verisign.com>> Cc: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: [EXTERNAL] Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] Anne — I think David is making a distinction between how ICANN (the corporation) implements its HR policies in its operations and compliance, versus how gNSO and ccNSO consider HR in their development of policies. Is that right, David? If so, this could clarify the current discussion. From: <ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org>> on behalf of "Aikman-Scalese, Anne" <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> Date: Wednesday, August 9, 2017 at 2:33 PM To: David McAuley <dmcauley@verisign.com<mailto:dmcauley@verisign.com>> Cc: "ws2-hr@icann.org<mailto:ws2-hr@icann.org>" <ws2-hr@icann.org<mailto:ws2-hr@icann.org>> Subject: Re: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] Hi David, I still think that if ICANN org is going to adopt a "framework" to assess its impact on Human Rights, it has to go to the SOs and ACs before doing so in order to respect their role in the policy-making process. Again, this is in the Considerations document already and it specifically refers to adoption of a "framework" so we don't want to say it is up to ICANN the organisation to make that choice of "framework" unless we mean that ICANN org must consult with SOs and ACs first. Is that what we mean? Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto: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> [mailto:ws2-hr-bounces@icann.org] On Behalf Of McAuley, David via Ws2-hr Sent: Wednesday, August 09, 2017 10:20 AM To: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: [Ws2-hr] Drafting Team member - Suggested Text [renamed subject line] 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> [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<mailto: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<http://www.article19.org> PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr ________________________________ 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. _______________________________________________ Ws2-hr mailing list Ws2-hr@icann.org<mailto:Ws2-hr@icann.org> https://mm.icann.org/mailman/listinfo/ws2-hr ________________________________ 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.
participants (4)
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Aikman-Scalese, Anne -
Kavouss Arasteh -
McAuley, David -
Steve DelBianco