[CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
Burr, Becky
Becky.Burr at neustar.biz
Sat Jul 18 16:28:14 UTC 2015
Nigel - do you happen to have the language in the statute handy?
J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932 Mobile: +1.202.352.6367 /
becky.burr at neustar.biz / www.neustar.biz
On 7/18/15, 5:49 PM, "Nigel Roberts" <nigel at channelisles.net> wrote:
>ICANN already has a legal obligation to do this,under California Law.
>
>This was explicitly highlighted by the learned panelist in a previous,
>controversial IRP case.
>
>But ICANN did nothing.
>
>Rod Beckstrom pooh-poohed the idea of fundmental rights being relevant.
>Fadi agreed but failed to do anything.
>
>Failure to make ICANN accountable to accepted norms of fundamental
>rights lays it's ethis open to capture by governments or other
>organisation who do not respect fundamental rights.
>
>Let me put it this way, Art.1, Prot 1, ECHR protects the rights of
>corporations to their intellectual property. Who could argue that ICANN
>should NOT take this right into account?? (There are other fundamental
>rights that it has been much less able to cope with, of course).
>
>
>Nigel
>
>On 07/18/2015 01:16 PM, Avri Doria wrote:
>> Hi,
>>
>> On the contrary it is quite simple. as a core value to respect human
>> right in our activities.
>>
>> We need to honor our human rights commitment, as defined in the
>> declarations and covenants, and be aware of our impact on those
>> rights. Doing it may be challenging, but understanding the commitment
>> as a core value should be rather easy.
>>
>> avri
>>
>>
>> On 18-Jul-15 13:34, Carlos Raul Gutierrez wrote:
>>>
>>> I'm in full agreement with Greg's considerations. It is too serious an
>>> issue to rush it in a narrowly determined stewardship transition.
>>> Paradoxically it may be easier to deal with it when we have less
>>> influence of the US Government.
>>>
>>> Carlos Raúl Gutiérrez
>>>
>>> On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc at gmail.com
>>> <mailto:gregshatanipc at gmail.com>> wrote:
>>>
>>> I am more than sympathetic with the cause of human rights.
>>> However, I don't think this is the right time and place for this
>>> proposal, especially given where we are in our timeline. I am also
>>> far from certain this is the right proposal, or even the right
>>> type of proposal for dealing with human rights concerns within the
>>> structure, work and remit of ICANN. Judging from even the brief
>>> discussion here, there are quite a number of variables and inputs
>>> to be considered.
>>>
>>> This is not something to be adopted hastily and without thoughtful
>>> study and deliberation. As proposed, it would have wide ranging
>>> implications to policy creation, policy implementation and policy
>>> assessment, and it would apparently spawn due diligence and impact
>>> assessment protocols. We have no real idea of the impact this
>>> would have on ICANN activities, how it balances and interacts with
>>> other rights and concerns, etc., etc.
>>>
>>> As such, I believe it is not appropriate for WS1. Frankly, I
>>> don't think this is appropriate for the CCWG, even in WS2. This
>>> deserves a dedicated group of its own -- a full multistakeholder
>>> examination in a group purposely chartered, organized and charged
>>> with looking at how human rights concerns should be dealt with at
>>> ICANN. There are at least two efforts within ICANN looking at
>>> issues relating to human rights and ICANN, both relatively new.
>>> There is not yet any formal multistakeholder group chartered to
>>> begin examining these issues. Perhaps there should be one -- that
>>> would be an appropriate place to begin the efforts to give these
>>> issues due consideration, not here.
>>>
>>> Greg
>>>
>>> On Fri, Jul 17, 2015 at 12:03 PM, william currie
>>> <willie.currie at gmail.com <mailto:willie.currie at gmail.com>> wrote:
>>>
>>> The Universal Declaration of Human Rights is the standard.
>>>
>>> In terms of criteria, the `Protect, Respect and Remedy'
>>> framwork has useful suggestions such as:
>>>
>>> - The responsibility to respect human rights would require
>>> ICANN to avoid causing or contributing to adverse human rights
>>> impacts through their own activities and address such impacts
>>> when they occur.
>>>
>>> - To meet this responsibility, ICANN would put in place
>>> policies and processes appropriate to ICANN's mission that
>>> could include:
>>>
>>> a) policy commitment to meet its responsibility regarding
>>> human rights
>>> b) a human rights due diligence process to identify, prevent,
>>> mitigate and account for how they address its impact on human
>>> rights
>>> c) processes to enable remediation of any adverse human rights
>>> impacts it causes.
>>>
>>> These policies and processes could serve to enhance ICANN's
>>> accountability to a universal standard and if handled well,
>>> contribute to ICANN's legitimacy in a multi-stakeholder global
>>> space. Part of the importance of the IANA transition is that
>>> it makes ICANN a fully multi-stakeholder body, no longer
>>> anchored by the USG. Adherence to the primary human rights
>>> standard would help allay some of the anxiety regarding
>>> ICANN's global accountability post-transition.
>>>
>>> On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher
>>> <cwilson at 21cf.com <mailto:cwilson at 21cf.com>> wrote:
>>>
>>> “Human rights” as defined by who/what? And what criteria,
>>> if any, would ICANN use to ensure it is not running afoul
>>> of human rights?
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> *From:*accountability-cross-community-bounces at icann.org
>>> <mailto:accountability-cross-community-bounces at icann.org>
>>> [mailto:accountability-cross-community-bounces at icann.org
>>> <mailto:accountability-cross-community-bounces at icann.org>]
>>> *On Behalf Of *william currie
>>> *Sent:* Friday, July 17, 2015 10:36 AM
>>> *To:* Avri Doria
>>> *Cc:* accountability-cross-community at icann.org
>>> <mailto:accountability-cross-community at icann.org>
>>> *Subject:* Re: [CCWG-ACCT] Human rights as a core value
>>> Fwd: Re: [] Mission, Commitments and Core Values
>>>
>>>
>>>
>>> Hi all
>>>
>>> I support Avri's text and think it would be important to
>>> have it included in ICANN's Bylaws because the Human
>>> Rights framework is one of the most important forms of
>>> accountability globally. As ICANN embarks further into
>>> global multi-stakeholder space, having a clear commitment
>>> to human rights would be an important signal of the change
>>> that is being undertaken. As the USG relinquishes its
>>> stewardship , role, it is important to show that ICANN
>>> endorses human rights in its policy and practices as a
>>> form of global accountability. I agree that the text
>>> should not make specific references to the UN `Respect,
>>> Protect and Remedy' framework - that would be something
>>> for the Community and Board to endorse, if so decided.
>>> Including human rights in its Bylaws does not imply any
>>> increase in scope or any role as an enforcer of human
>>> rights - it simply requires that within its limited
>>> technical and commercial mission, ICANN commits to adhere
>>> to human rights in its policy and practices. It does not
>>> mean that ICANN would get involved in content regulation
>>> or any other matter beyond its scope. Including human
>>> rights is a simple way of indicating that ICANN will
>>> behave in a way that respects human rights.
>>>
>>> So perhaps the text could read:
>>>
>>> Work to ensure that ICANN respects human rights within its
>>> mission and accounts for the impact on human rights in its
>>> policy creation, policy implementation, review and
>>>assessment.
>>>
>>> Willie
>>>
>>>
>>>
>>>
>>>
>>> On Fri, Jul 17, 2015 at 4:01 PM, Avri Doria <avri at acm.org
>>> <mailto:avri at acm.org>> wrote:
>>>
>>> Hi,
>>>
>>> This speaks of Human Rights impact within ICANN
>>>mission.
>>>
>>> It does not expand the scope one time little bit. It
>>> just saws that
>>> within our scope we need to be aware of the impact of
>>> our policies and
>>> actions on human rights. And that when we see that we
>>> are injuring
>>> those rights, we do something to fix it.
>>>
>>> avri
>>>
>>>
>>>
>>> On 17-Jul-15 14:04, James M. Bladel wrote:
>>> > I am not in favor of introducing ³human rights² in
>>> to the ICANN bylaws,
>>> > which IMO would dramatically increase its scope as a
>>> technical/commercial
>>> > organization. ICANN is not in a position to either
>>> establish or reinforce
>>> > anyone¹s ³rights².
>>> >
>>> > Thanks‹
>>> >
>>> > J.
>>> >
>>> >
>>> >
>>> >
>>> > On 7/17/15, 11:32 ,
>>> "accountability-cross-community-bounces at icann.org
>>>
>>><mailto:accountability-cross-community-bounces at icann.org>
>>> on
>>> > behalf of Avri Doria"
>>> <accountability-cross-community-bounces at icann.org
>>>
>>><mailto:accountability-cross-community-bounces at icann.org>
>>> on
>>> > behalf of avri at acm.org <mailto:avri at acm.org>> wrote:
>>> >
>>> >> Hi,
>>> >>
>>> >> As far as I can tell this fell through the cracks
>>> among the various WPs
>>> >>
>>> >> I am hoping to bring this up during our discussion
>>> in Paris. I do not
>>> >> want to let it fall
>>> >> through the cracks especially since it respond to
>>> two of the comments on
>>> >> various human rights like freedoms of expression
>>> and association. Not
>>> >> quite sure what session it will fit into.
>>> >>
>>> >> I suggest a final core value that reads:
>>> >> Work to ensure that ICANN respects human right
>>> obligations within its
>>> >> mission, accounts for impact on human rights in
>>> policy creation, and
>>> >> adheres to the "Respect, Protect and Remedy"
>>> framework developed by the
>>> >> UN.
>>> >>
>>> >> thanks
>>> >>
>>> >> avri
>>> >>
>>> >>> On 14-Jul-15 00:27, Avri Doria wrote:
>>> >>>> Hi,
>>> >>>>
>>> >>>> In his comment 100 Willie Currie raised the issue
>>> of enshrining freedom
>>> >>>> of expression in the in the core values.
>>> >>>>
>>> >>>> In comment 123 NCSG worte: "We support the
>>> addition of respect for
>>> >>>> Human
>>> >>>> rights to the core values and support the
>>> addition of an obligation for
>>> >>>> human rights impact analyses for ICANN decisions
>>> to the mission. NCSG
>>> >>>> has consistently recommended that ICANN adopt the
>>> ³Respect, Protect,
>>> >>>> and
>>> >>>> Remedy² framework which was developed for private
>>> corporations" this
>>> >>>> is
>>> >>>> the framework documented by the UN called *in
>>> Guiding Principles on
>>> >>>> Business and Human Rights *<
>>> >>>>
>>> >>>>
>>>
>>>*https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ohchr.org_Docum
>>>ents_Publications_GuidingPrinciplesBusinessHR&d=AwIGaQ&c=MOptNlVtIETeDAL
>>>C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF
>>>9R7jdA9Li69aIPxcJCPlJiGorHg&s=-DsAVzT0PWA5-tXfmUyUa2aENYRdeWAnwt6bxoT3Sl
>>>4&e=
>>> >>>> _EN.pdf>*
>>> >>>>
>>> >>>>
>>> >>>> These Guiding Principles are grounded in
>>> recognition of:
>>> >>>>
>>> >>>> (a) States¹ existing obligations to respect,
>>> protect and fulfill human
>>> >>>> rights and fundamental freedoms;
>>> >>>>
>>> >>>> (b) The role of business enterprises as
>>> specialized organs of society
>>> >>>> performing specialized functions, required to
>>> comply with all
>>> >>>> applicable laws and to respect human rights;
>>> >>>>
>>> >>>> (c) The need for rights and obligations to be
>>> matched to appropriate
>>> >>>> aeffective remedies when breached
>>> >>> I argue that we need to add something to our next
>>> version to take these
>>> >>> comment into account.
>>> >>
>>> >>
>>> >>
>>> >>
>>> >>
>>> >>
>>> >> ---
>>> >> This email has been checked for viruses by Avast
>>> antivirus software.
>>> >>
>>>https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_antiv
>>>irus&d=AwIGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYa
>>>hOP8WDDkMr4k&m=pw-YLSXwFVf8QolF9R7jdA9Li69aIPxcJCPlJiGorHg&s=PAZ4dykb1BB
>>>nTbQUIm_CvucW4KKltSVBeb8HDvlzdf0&e=
>>> >>
>>> >> _______________________________________________
>>> >> Accountability-Cross-Community mailing list
>>> >> Accountability-Cross-Community at icann.org
>>> <mailto:Accountability-Cross-Community at icann.org>
>>> >>
>>>
>>>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailma
>>>n_listinfo_accountability-2Dcross-2Dcommunity&d=AwIGaQ&c=MOptNlVtIETeDAL
>>>C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF
>>>9R7jdA9Li69aIPxcJCPlJiGorHg&s=uWTKUn5Qy_icIt9OZOJbcSDhq1aoLr8TOxIE8TW-fC
>>>c&e=
>>> >
>>> >
>>>
>>>
>>> ---
>>> This email has been checked for viruses by Avast
>>> antivirus software.
>>>
>>>https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_antiv
>>>irus&d=AwIGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYa
>>>hOP8WDDkMr4k&m=pw-YLSXwFVf8QolF9R7jdA9Li69aIPxcJCPlJiGorHg&s=PAZ4dykb1BB
>>>nTbQUIm_CvucW4KKltSVBeb8HDvlzdf0&e=
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> <mailto:Accountability-Cross-Community at icann.org>
>>>
>>>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailma
>>>n_listinfo_accountability-2Dcross-2Dcommunity&d=AwIGaQ&c=MOptNlVtIETeDAL
>>>C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF
>>>9R7jdA9Li69aIPxcJCPlJiGorHg&s=uWTKUn5Qy_icIt9OZOJbcSDhq1aoLr8TOxIE8TW-fC
>>>c&e=
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> This message and its attachments may contain legally
>>> privileged or confidential information. It is intended
>>> solely for the named addressee. If you are not the
>>> addressee indicated in this message (or responsible for
>>> delivery of the message to the addressee), you may not
>>> copy or deliver this message or its attachments to anyone.
>>> Rather, you should permanently delete this message and its
>>> attachments and kindly notify the sender by reply e-mail.
>>> Any content of this message and its attachments that does
>>> not relate to the official business of Twenty-First
>>> Century Fox, Inc. or its subsidiaries must be taken not to
>>> have been sent or endorsed by any of them. No
>>> representation is made that this email or its attachments
>>> are without defect.
>>>
>>>
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> <mailto:Accountability-Cross-Community at icann.org>
>>>
>>>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailma
>>>n_listinfo_accountability-2Dcross-2Dcommunity&d=AwIGaQ&c=MOptNlVtIETeDAL
>>>C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF
>>>9R7jdA9Li69aIPxcJCPlJiGorHg&s=uWTKUn5Qy_icIt9OZOJbcSDhq1aoLr8TOxIE8TW-fC
>>>c&e=
>>>
>>>
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> <mailto:Accountability-Cross-Community at icann.org>
>>>
>>>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailma
>>>n_listinfo_accountability-2Dcross-2Dcommunity&d=AwIGaQ&c=MOptNlVtIETeDAL
>>>C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF
>>>9R7jdA9Li69aIPxcJCPlJiGorHg&s=uWTKUn5Qy_icIt9OZOJbcSDhq1aoLr8TOxIE8TW-fC
>>>c&e=
>>>
>>
>>
>> ---
>> This email has been checked for viruses by Avast antivirus software.
>>
>>https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_antivi
>>rus&d=AwIGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahO
>>P8WDDkMr4k&m=pw-YLSXwFVf8QolF9R7jdA9Li69aIPxcJCPlJiGorHg&s=PAZ4dykb1BBnTb
>>QUIm_CvucW4KKltSVBeb8HDvlzdf0&e=
>>
>> _______________________________________________
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
>>
>>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman
>>_listinfo_accountability-2Dcross-2Dcommunity&d=AwIGaQ&c=MOptNlVtIETeDALC_
>>lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF9R7
>>jdA9Li69aIPxcJCPlJiGorHg&s=uWTKUn5Qy_icIt9OZOJbcSDhq1aoLr8TOxIE8TW-fCc&e=
>>
>>
>_______________________________________________
>Accountability-Cross-Community mailing list
>Accountability-Cross-Community at icann.org
>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_
>listinfo_accountability-2Dcross-2Dcommunity&d=AwIGaQ&c=MOptNlVtIETeDALC_lU
>Lrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF9R7jdA
>9Li69aIPxcJCPlJiGorHg&s=uWTKUn5Qy_icIt9OZOJbcSDhq1aoLr8TOxIE8TW-fCc&e=
More information about the Accountability-Cross-Community
mailing list