[CCWG-ACCT] What are the WS2 activities that ensue from a WS1 bylaws commitment to human rights?

Malcolm Hutty malcolm at linx.net
Fri Jul 31 11:04:56 UTC 2015

On 31/07/2015 11:11, Nigel Roberts wrote:
>> As this applies to ICANN, do you think this creates a duty to use its
>> business relationships with Registries and Registrars seek to prevent
>> human rights abuses by domain registrants?
> There are two extremely important aspects of human rights law comes in
> to play here, called the "margin of appreciation", and, more
> importantly, "proportionality".
> So if you ask me, literally, does this create a *duty* upon ICANN to use
> business relationships to seek to prevent human rights abuses by
> registrants, the answer, is, precisely, "No".
> Dissection and analysis of this further, is a detailed matter, on which
> I'm happy to expound at the right time, in the right place.
> But I would suggest it's entirely appropriate that ICANN's business and
> policy decisions be informed by a culture of respect for, and
> advancement of, fundamental rights.

If you consider how this answer could be read you will see why there is
such wariness about accepting any HR language at all.

Surely you can see that the prospect of ICANN developing policies to
examine the compliance of domain registrants with human rights, and to
sanction non-compliance, in the same way ICANN policy currently examines
compliance with trademark rights and sanctions non-compliance, is
something that many of us consider enirely outside ICANN's proper mandate?

Perhaps that wasn't the outcome you had in mind. But your reply can
certainly be read that way, and if it wasn't what you intended I'm not
sure what it would mean in practice.

            Malcolm Hutty | tel: +44 20 7645 3523
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