[CCWG-Accountability] Related work on ICANN's Public Interest

Tue Dec 16 17:48:07 UTC 2014

For what it's worth, customary international law has been defined as
follows:

*Customary international law* refers to international obligations arising
from established state practice, as opposed to obligations arising from
formal written international treaties
<http://topics.law.cornell.edu/wex/International_conventions>.  According
to Article 38(1)(b) of the ICJ Statute
<http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0>, customary
international law is one of the sources of international law
<http://topics.law.cornell.edu/wex/Sources_of_international_law>.
Customary international law can be established by showing (1) state
practice and (2) opinio juris
<http://topics.law.cornell.edu/wex/opinio_juris_(international_law)>.

Put another way, “customary international law” results from a general and
consistent practice of states that they follow from a sense of legal
obligation.

Malcolm N. Shaw, *International Law* 80 (5th ed., Cambridge, 2003).

http://www.law.cornell.edu/wex/customary_international_law

Greg Shatan

*Gregory S. Shatan **|* *Abelman Frayne & Schwab*

*666 Third Avenue **|** New York, NY 10017-5621*

*Direct*  212-885-9253 *| **Main* 212-949-9022

*Fax*  212-949-9190 *|* *Cell *917-816-6428

*gsshatan at lawabel.com <gsshatan at lawabel.com>*

*ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com> *

*www.lawabel.com <http://www.lawabel.com/>*

On Tue, Dec 16, 2014 at 12:24 PM, Carl Schonander <cschonander at siia.net>
wrote:
>
> The full body of international law meaning legally binding treaties as
> well as customary international law.  Carl
>
>
>
> *From:* Dr Eberhard W Lisse [mailto:el at lisse.na]
> *Sent:* Tuesday, December 16, 2014 12:03 PM
> *To:* Carl Schonander
> *Cc:* Steve DelBianco; Bruce Tonkin; Accountability Cross Community
>
> *Subject:* Re: [CCWG-Accountability] Related work on ICANN's Public
> Interest
>
>
>
> Excellent.
>
>
>
> What International Law would you be referring to?
>
>
>
> el
>
> Sent from Dr Lisse's iPad mini
>
>
> On Dec 16, 2014, at 18:44, Carl Schonander <cschonander at SIIA.net> wrote:
>
> Steve et all:
>
>
>
> Would like to propose the inclusion of the following sentence in between
> the last two sentences of the proposed definition.  “Respect for
> international and national law is essential.”
>
>
>
> Carl
>
>
>
> *From:* accountability-cross-community-bounces at icann.org [
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>] *On Behalf Of *Steve
> DelBianco
> *Sent:* Tuesday, December 16, 2014 7:34 AM
> *To:* Bruce Tonkin; Accountability Cross Community
> *Subject:* Re: [CCWG-Accountability] Related work on ICANN's Public
> Interest
>
>
>
> As mentioned on today’s call, here is a proposed definition for global
> public interest in the context of ICANN:
>
>
>
> The 'public' part of public interest is concerned more with users and
> registrants than with contracted parties and others who are deeply involved
> at ICANN.
>
> And the public interest in ICANN decisions is broader than just a secure
> and stable DNS. Namely, users and registrants want ICANN to make sure the
> DNS delivers two essential and measurable qualities: *Availability* and *Integrity,
> *of *Registrations and Resolutions*
>
>
>
> *Availability *of the DNS is critical for global users who increasingly
> rely on the Internet for information, communications, and commerce. Domain
> name resolutions need to be available 24 hours a day, 365 days a year, from
> anywhere on the globe. Availability also means being able to use any
> language and any script for both generic and country-code domains and email
> addresses.
>
>
>
> Availability can also apply to domain names sought by registrants: will
> domains in new gTLDs be available to the public, or will they be captured
> by insiders? That kind of availability should also be part of the public
> interest test for ICANN decisions.
>
>
>
> *Integrity* of the DNS is vital to registrants and end-users of the
> Internet. Registrants rely upon the integrity of domain name registration
> to ensure that their identities are not misrepresented or misappropriated.
> E-commerce and Internet financial transactions absolutely require integrity
> in resolution of domain names and secure delivery of encrypted data.
>
>
>
> Internet users depend upon the integrity of domain name services to
> provide accurate and authentic results when they look up a website or send
> an email. Integrity is undermined by deceptive practices such as
> redirecting users to fraudulent websites or providing false information
> about the true owner of a web domain.
>
>
>
> I encourage further discussion on the concept of global public interest in
> our CCWG. This term is too important to leave undefined or let a few
> individuals define it to fit their own agenda.   If we allow 'public
> interest' to mean anything and everything, it will end up meaning nothing
> at all.
>
>
>
> —
>
> Steve DelBianco
>
> Executive Director
>
> NetChoice
>
> http://www.NetChoice.org <http://www.netchoice.org/> and
> http://blog.netchoice.org
>
> +1.202.420.7482
>
>
>
>
>
>
>
> On 12/16/14, 11:48 AM, "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au>
> wrote:
>
>
>
> Hello All,
>
>
>
> The origin of the strategic work on public interest comes from the
> strategy panel on Public Responsibility Framework.
>
>
>
> https://www.icann.org/en/system/files/files/prf-report-15may14-en.pdf
>
>
>
> That panel recommended the following definition:
>
>
>
> "Panel Definitions Submitted to ICANN:
>
>
>
> As an independent, global organization, ICANN is one of the organizations
> charged
>
> with responsibility for an increasingly important shared global resource:
> The Internet.
>
> As one of the stewards of this resource, ICANN recognizes it has a
> responsibility to
>
> protect and promote the global public interest, both throughout its work,
> and in
>
> collaboration with other entities. ICANN's public responsibility permeates
> all areas of
>
> its work and is at the core of its operations.
>
>
>
> ICANN defines the global public interest in relation to the Internet as
> ensuring the
>
> Internet becomes, and continues to be, stable, inclusive, and accessible
> across the
>
> globe so that all may enjoy the benefits of a single and open Internet. In
> addressing its
>
> public responsibility, ICANN must build trust in the Internet and its
> governance
>
> ecosystem."
>
>
>
> This definition though has not been formally adopted.
>
>
>
> Regards,
>
> Bruce Tonkin
>
>
>
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