[ALAC] ACTION: Draft of the ALAC comments to be sent to the CCWG

Vanda Scartezini vanda at scartezini.org
Mon Dec 14 19:16:41 UTC 2015


Thank you Tijani. I just arrive at my office from client few minutes ago not anymore in time to make any move.  But I do support Alan’s draft with the comments Tijani has added.
Vanda Scartezini
Polo Consultores Associados
Av. Paulista 1159, cj 1004
01311-200- Sao Paulo, SP, Brazil
Land Line: +55 11 3266.6253
Mobile: + 55 11 98181.1464
Sorry for any typos.


From: <alac-bounces at atlarge-lists.icann.org<mailto:alac-bounces at atlarge-lists.icann.org>> on behalf of Tijani BEN JEMAA
Date: Monday, December 14, 2015 at 6:39 AM
To: Alan Greenberg
Cc: 'ALAC List'
Subject: Re: [ALAC] ACTION: Draft of the ALAC comments to be sent to the CCWG

Alan,

I support your draft, and would like to add more about the Human Rights issue.

As you said the international law and conventions are only binding for governments who signed them. That’s why any other body that wants to comply to them should include them in its bylaw as ICANN do by including in its bylaws as core value of the incorporation that it must carry out its activities in accordance with applicable law and international law and conventions. What is the need of repeating in the bylaws the commitment to respect internationally recognized human rights? Are they not part of the applicable international law and conventions?

Also, the CCWG legal advice told that upon termination of the NTIA Contract, there would be no significant impact on ICANN’s Human Rights obligations. So why this is needed?

It is even more strange that despite the legal advice and the provision in the core values that ICANN must carry out its activities in accordance with applicable law and international law and conventions that include human rights, the proposal suggest to add an interim bylaw about human rights, knowing that the final language about the human rights issue will be worked out in work stream 2.

My strong fear is that they want to regulate the content though this heavy insistence in putting more and more to intimidate us; you may see in the futur delegation of TLDs prevented because the applicant "doesn’t respect human rights" in the content carried by the TLD…….

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Tijani BEN JEMAA
Executive Director
Mediterranean Federation of Internet Associations (FMAI)
Phone: +216 98 330 114
            +216 52 385 114
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Le 14 déc. 2015 à 07:19, Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>> a écrit :

The IANA Issues WG met on Friday to discuss possible issue on the CCWG-Accountability 3rd draft proposal.

The CCWG documents can be founds at https://community.icann.org/pages/viewpage.action?pageId=56145016.

The document discussed at the IANA-Issues meeting can be found linked to the Agenda Item 3 of https://community.icann.org/x/PIdlAw (entitled Review of Proposal and Potential ALAC Positions).

We need to send a summary of our comments to the CCWG today (in time for a CCWG meeting on Tuesday at 06:00 UTC). The attached document summarizes the issues as modified by the discussion during the teleconference.

Please send any comments in sufficient time for me to integrate them (as appropriate) into the documents. In particular, is there anything here that is counter to the tone or detail of the discussion?

The Final Public Comment must be submitted no later than 21 December. It will no doubt closely follow the attached document, but may well include other issues that come to light over the next days.

As ALL ALAC member will be asked to vote on the Public Comments and will ultimately have to decide whether to ratify the CCWG Proposal, this is both important and time-sensitive.

To the extent that is possible and you feel appropriate, please involve your RALOs.

Alan

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