[CCWG-ACCT] Regarding mission statement and human rights

Nigel Roberts nigel at channelisles.net
Thu Jan 28 17:59:21 UTC 2016


MAYBE, just maybe, we can put this to bed.

Can you construe (deconstruct) the latest language for me, the way you 
see it, please?

As an aside, whilst I have no issue with the word enforcement, since 
ICANN will not employ blue helmets, I am not sure that IP interests 
would be that keen on relieving ICANN of its obligation to protect the 
right to property (on matters properly within mission).

On 28/01/16 17:51, Greg Shatan wrote:
> Nigel,
>
> I have to disagree with your interpretation of the proposed bylaw.  The
> "applicable law" restriction only applies to ICANN's obligation (if any)
> to "protect" and "enforce" human rights.  It does not apply to ICANN's
> obligation to "respect" human rights.  As such, ICANN would be required
> to take into account human rights from the posture of "respecting" them.
>
> What exactly does that mean?  Well, that's what will be determined in
> WS2.  Avri believes that it would include a human rights impact
> assessment.  Is she right?  Wait for WS2.  Some think the Ruggie
> Principles should apply, while others believe that there are significant
> problems with that idea.  Who is right?  Wait for WS2.  Is this intended
> to change how ICANN operates (including policy development) or is just a
> backstop to prevent ICANN from backsliding from its current level of
> commitment (arguably enforced by the NTIA relationship)?  Wait for WS2.
> Are sequels better than the original or do they tend to be
> unimaginative, bloody and trite?  Wait for WS2.
>
> Greg
>
> On Thu, Jan 28, 2016 at 12:38 PM, Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>> wrote:
>
>     But do you want a cleverly drafted by-law that guarantees that human
>     rights are not required to be taken into account (whilst appearing
>     to say the contrary), or a word-is-my-bond committment from the
>     current Board, who are at least, a lot more trustworthy than some
>     Boards that there were heretofore?
>
>     You can only pick one.
>
>
>     On 28/01/16 17:25, Avri Doria wrote:
>
>         Hi,
>
>         The problem with a firm commitment by the Board is that it
>         something
>         that can be undone or changed by a future Board with ease and at
>         their
>         will.  Unlike a bylaw which involves a multistakeholder process.
>
>         Without the bylaw, there is no guarantee.
>
>         avri
>
>         On 28-Jan-16 11:21, Kavouss Arasteh wrote:
>
>             HR should be referenced in intermediate Bylaws and drafted
>             at WS2. Based on our dis discussions and REC . once FOI is
>             ready the final legal  text shall  be approved and included
>             in the Definitive Bylaws. In the meantime Board,s firm
>             commitment once approved by CCWG shall apply
>             Kabouss .
>
>             Sent from my iPhone
>
>                 On 28 Jan 2016, at 16:33, Avri Doria <avri at acm.org
>                 <mailto:avri at acm.org>> wrote:
>
>
>
>                     On 28-Jan-16 09:25, Andrew Sullivan wrote:
>
>                         On Thu, Jan 28, 2016 at 02:05:26PM +0000, Nigel
>                         Roberts wrote:
>                         ICANN must simply respect human rights. That's it.
>
>                     I wish I knew what this is supposed to mean for
>                     ICANN action, though.
>                     I'm trying to imagine something where ICANN would
>                     act differently in
>                     the presence or absence of the bylaw, and I've been
>                     unable to come up
>                     with anything.
>
>                 As I have mentioned before, for me the prime issue is
>                 that human rights
>                 impact analysis be done as part of the PDP process as
>                 opposed to just
>                 waiting to see if some government agency slaps our wrist
>                 afterwards for
>                 not having considered the impact of, e.g., freedom of
>                 expression or an
>                 open internet.  At this point we just do stuff and then
>                 wait to see if
>                 NTIA, or any other federal agency, or the GAC lets us
>                 know that we have
>                 messed up.  Requiring that we respect Human Rights
>                 includes it being in
>                 scope as a consideration that is understood and
>                 discussed when policy is
>                 made and considered for approval.
>
>                 Without the bylaw such considerations remain out of
>                 scope in a future
>                 where there is no backstop for our actions.   i believe
>                 that taking on
>                 this responsibility is our only reliable response to the
>                 NTIA
>                 requirement.  And I believe that the fears of such a
>                 bylaw have been
>                 shown to be emotional and not fact based.
>
>
>
>                     (That's also, I suppose, why I don't really have an
>                     opinion about what ought to be done here, except
>                     that we should come
>                     to a speedy conclusion so that the document can ship
>                     and we can get
>                     the transition over with.)
>
>                 I see this as a gating issue.
>
>                 Though I do not think our work can ever be called
>                 speedy, even if we
>                 were to reach consensus this week.
>                 And this is just the start of the transition, unless you
>                 also believe
>                 that implementation and  WS2 are not part of the transition.
>
>                 avri
>
>                 ---
>                 This email has been checked for viruses by Avast
>                 antivirus software.
>                 https://www.avast.com/antivirus
>
>                 _______________________________________________
>                 Accountability-Cross-Community mailing list
>                 Accountability-Cross-Community at icann.org
>                 <mailto:Accountability-Cross-Community at icann.org>
>                 https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
>
>         ---
>         This email has been checked for viruses by Avast antivirus software.
>         https://www.avast.com/antivirus
>
>         _______________________________________________
>         Accountability-Cross-Community mailing list
>         Accountability-Cross-Community at icann.org
>         <mailto:Accountability-Cross-Community at icann.org>
>         https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>     _______________________________________________
>     Accountability-Cross-Community mailing list
>     Accountability-Cross-Community at icann.org
>     <mailto:Accountability-Cross-Community at icann.org>
>     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>


More information about the Accountability-Cross-Community mailing list