[CCWG-ACCT] way forward and minority statements

Jordan Carter jordan at internetnz.net.nz
Thu Jul 30 10:54:13 UTC 2015


Nope, I don't disagree - quite the opposite in respect of the way ICANN
operates as an organisation. And so I hope that the work that has recently
begun in working out how best to carry those obligations into ICANN's
framework comes to a successful conclusion.

The legal analysis we have is that there is no material change to ICANN's
obligations arising from the end of the IANA functions contract (at least,
that is how I read it).

So - doing something now, if it is very light touch, is OK - but I believe
it is a "nice to have" for Work Stream 1 rather than a necessity given the
practical impact is so limited.

Whether or not it happens WS1, 2 or more organically, I look forward to the
commitment being undertaken appropriately when it happens -which I think it
both should, and will.

Ever yours,

Jordan

On 30 July 2015 at 22:46, Nigel Roberts <nigel at channelisles.net> wrote:

> Imposing /any/ requirements on the policies on ccTLDs is outside of ICANN
> scope (unless you can show me authority otherwise).
> So this is actually a non-question and a straw-man argument.
>
> But I would say that in carrying out the IANA contract ICANN should,
> indeed MUST, conduct itself to the highest standards of international norms.
>
> Fair hearing. Right to free expression. Right to property.
> All controversial things like that.
>
> You'd disagree?
>
>
>
> On 30/07/15 11:34, Jordan Carter wrote:
>
>> Should ICANN impose global human rights norms on the policies of ccTLDs,
>> in your view?
>>
>> Jordan
>>
>> On 30 July 2015 at 22:29, Nigel Roberts <nigel at channelisles.net
>> <mailto:nigel at channelisles.net>> wrote:
>>
>>     With respect to Avri, whose position I very much apprecite on these
>>     matter I certainly would object to that formulation mostloudly since
>>     it appears extremely well drafted with the design of excluding all
>>     the other fundamental rights.
>>
>>     I'm not even going to make a list of what they are (you can look at
>>     hte Europan Union Charter at
>>     http://ec.europa.eu/justice/fundamental-rights/charter/index_en.htm)
>>
>>     But fair hearing and a right to private life are right in the middle
>>     of ICANN's work.
>>
>>     What is absolutely unacceptable is anything weaker than.
>>
>>     "Within its mission and in its operations, ICANN will be committed
>>     to respect, and ensure the respect of, fundamental human rights".
>>
>>
>>
>>
>>     On 30/07/15 09:16, Drazek, Keith wrote:
>>
>>         Hi Avri,
>>
>>         In order to tie your suggestion directly to the language in
>>         Secretary Strickling's April 2014 written congressional
>>         testimony (included in a prior email) and to reduce concerns
>>         about scope creep, would language along these lines be
>>         acceptable to you?
>>
>>             "Within its mission and in its operations, ICANN will be
>>             committed to respect the fundamental human rights of the
>>             exercise of free expression and the free flow of information."
>>
>>
>>         Speaking personally, I could probably support this formulation.
>>         To be clear, I have not discussed this with the RySG, but it's
>>         consistent with the requirements outlined by NTIA so I think
>>         it's certainly worth considering.
>>
>>         I'm not advocating including this in the Bylaws, but I'm not
>>         objecting to it either. However, if we don't reach consensus for
>>         adding to the Bylaws, I definitely think this is worth further
>>         consideration in WS2 and would support an explicit reference
>>         using this or similar language and timetable for doing so.
>>
>>         Regards,
>>         Keith
>>
>>             On Jul 30, 2015, at 8:11 AM, Avri Doria <avri at acm.org
>>             <mailto:avri at acm.org>> wrote:
>>
>>             Within its mission, ICANN will be committed to respect
>>             fundamental
>>                 human rights in its operationsespecially with regard to
>>             the exercise
>>                 of free expression or the free flow of information.
>>
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>>
>>
>>
>> --
>> Jordan Carter
>>
>> Chief Executive
>> *InternetNZ*
>>
>> +64-495-2118 (office) | +64-21-442-649 (mob)
>> Email: jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>
>> Skype: jordancarter
>>
>> /A better world through a better Internet /
>>
>>


-- 
Jordan Carter

Chief Executive
*InternetNZ*

+64-495-2118 (office) | +64-21-442-649 (mob)
Email: jordan at internetnz.net.nz
Skype: jordancarter

*A better world through a better Internet *
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