[CCWG-ACCT] Human rights - way forward

Matthew Shears mshears at cdt.org
Fri Jul 31 15:54:56 UTC 2015

Thank you Co-Chairs.

I would also like to serve on that subgroup - thanks.

On 7/31/2015 4:15 PM, Avri Doria wrote:
> hi,
> Thank you.
> Contrary to my often proclaimed  policy of no more volunteering at
> ICANN, I would be happy to serve on that subgroup.
> I am in the process of collecting all of the various forms of the bylaws
> phrase that have been submitted an will send it to the list.
> avri
> On 31-Jul-15 13:49, Mathieu Weill wrote:
>> Dear Colleagues,
>> As announced during our last call, the co-Chairs have reviewed where
>> we are on this issue. Our group is tasked to work on the basis of
>> consensus, and we have focused on assessing where this condition was met.
>> It is our conclusion that :
>> 1) our group has achieved consensus on including a human rights
>> related Commitment in Icann's Bylaws.
>> 2) no particular wording currently proposed achieved consensus.
>> As a consequence, we propose to include into the public comment 2
>> report (in the Mission & Core value section, a draft is included below)
>> - this assessment and a firm commitment to add a human rights related
>> Commitment into Icann's Bylaws,
>> - the underlying requirements expressed during the debate,
>> - the concrete language proposals that were considered by our group so
>> far, as examples
>> Finally, given the strong momentum on the issue, both during the
>> meeting and on list before and after, and taking into account the high
>> level of complexity involved, we suggest to kick off ASAP a subgroup
>> to further refine the requirements and assess potential options based
>> on further studies of the current situation and "agreed-on" language.
>> We thank you all for your understanding and commitment on this topic,
>> as well as the extensive discussions both on list and during the calls
>> about this.
>> As a reminder, Minority statements filed until Saturday 12.00 UTC will
>> be incorporated into the report to be published on Monday. Statements
>> filed after this deadline will be published online but not
>> incorporated into the report.
>> Best regards,
>> Leon, Thomas & Mathieu
>> Co-chairs
>> -----------------------------------------------
>> NEW SUBSECTION IN 3A Mission, Commitmennts & Core Values
>> Elaborating an Icann Commitment to Human Rights
>> The CCWG-Accountability extensively discussed the opportunity to
>> include into Icann Bylaws a Comittment related to Human Rights. The
>> group commissioned a legal analysis of whether the termination of the
>> IANA contract would induce changes into Icann's obligations with
>> regards to Human Rights (LINK). While no significant issue was found
>> to be directly linked to the termination of the IANA contract, the
>> group acknowledged the recurring debates around the nature of Icann's
>> accountability towards the respect of fundamental human rights.
>> These discussions identified the following, non-exhaustive, list of
>> accountability-related requirements :
>> - the NTIA criteria to maintain the openness of the Internet,
>> including free expression and the free flow of information
>> - the need to avoid extending Icann's mission into content regulation
>> - the importance of assessing the impact of Icann policies on Human
>> rights
>> Examples of language that could serve as a Commitment were as follows :
>> - 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.
>> - Within its mission and in it operations, ICANN will be committed to
>> respect internationally recognized fundamental human rights.
>> The group has achieved consensus on including a human rights related
>> Commitment in Icann's Bylaws. However no particular wording currently
>> proposed achieved consensus. Reiterating its commitment to elaborate
>> concrete proposals as part of its mandate,  the CCWG-Accountability is
>> calling for comments on this approach and the underlying requirements.
> ---
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Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 (0)771 247 2987

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