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

[Alan Greenberg]

Tijani, at this point, you are the only person 
who is asking for this (later supported by 
Vanda). Are there others that . If there are others, please speak up.

My personal position has been I did not want to 
see specific language in the Bylaws without a 
careful analysis of what it would imply and how, 
if any, ICANN would be impacted (as you alluded 
to in your last paragraph). The current wording 
meetings that target, other than the absolute 
commitment to the 1 year deadline.

Alan

At 14/12/2015 03:39 AM, Tijani BEN JEMAA wrote:
>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

.
>
>-----------------------------------------------------------------------------
>Tijani BEN JEMAA
>Executive Director
>Mediterranean Federation of Internet Associations (FMAI)
>Phone: +216 98 330 114
>           +216 52 385 114
>-----------------------------------------------------------------------------
>
>
>
>
>
>
>
>>Le 14 déc. 2015 à 07:19, Alan Greenberg 
>><<mailto:alan.greenberg at mcgill.ca>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
>>
>><Draft-ALAC-Issues-13Dec2015.pdf>_______________________________________________
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