[CCWG-ACCT] Human rights - way forward

Dr Eberhard W Lisse el at lisse.na
Fri Jul 31 17:10:06 UTC 2015


Me three.

el

-- 
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> On Jul 31, 2015, at 16:21, McAuley, David <dmcauley at verisign.com> wrote:
> 
> I would be happy to serve on the group as well.
> 
> David McAuley
> 
> -----Original Message-----
> From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Avri Doria
> Sent: Friday, July 31, 2015 11:15 AM
> To: accountability-cross-community at icann.org
> Subject: Re: [CCWG-ACCT] Human rights - way forward
> 
> 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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