<span style="font-family: Arial, Helvetica, Sans-Serif; font-size: 12px"><div>Well put, Avri.</div>
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<div><span style="font-family: tahoma,arial,sans-serif; font-size: 10pt;"><b>From</b>: "Avri Doria" <avri@acm.org><br />
<b>Sent</b>: Saturday, August 1, 2015 12:25 PM<br />
<b>To</b>: accountability-cross-community@icann.org<br />
<b>Subject</b>: Re: [CCWG-ACCT] Human rights - way forward</span>
<div> </div>
Hi,<br />
<br />
I also see nothing in this to suggest or even hint, at broadening the<br />
mission. In fact I think the commitment is a value statement not a<br />
mission statement. It is about how we work, not what work we do. We are<br />
not a human rights organizations, nor could we ever become on. We are<br />
just company that within its mission has had an unspoken value of<br />
respect for human rights backed up by a knowledge that the NTIA, as<br />
part of the US human rights Duty Bearer, would have kept us in check.<br />
That now needs to assert the value for ourselves. As corporation<br />
without USG oversight, we need to take responsibility for ourselves.<br />
<br />
Really nothing should change except that instead of tacitly depending on<br />
Uncle Sam for our values, we will have to rely on our own commitment to<br />
our values.<br />
<br />
avri<br />
<br />
<br />
On 01-Aug-15 10:19, Thomas Rickert wrote:<br />
> Keith,<br />
> let me confirm that I heard no one suggesting ICANN’s mission should<br />
> be broadened, while I have heard multiple statements confirming<br />
> exactly what your understanding is, i.e. that the question of HR is<br />
> related to ICANNs mission.<br />
><br />
> I have no reason to believe that the sub team will deviate from that<br />
> understanding, but it is good of you ask for a clarification on the<br />
> record.<br />
><br />
> Thomas<br />
><br />
>> Am 31.07.2015 um 17:24 schrieb Drazek, Keith <kdrazek@verisign.com<br />
>> <mailto:kdrazek@verisign.com>>:<br />
>><br />
>> Thanks to the Co-Chairs.<br />
>><br />
>> I support this approach with one caveat. I expect this is already<br />
>> understood but needs confirmation.<br />
>><br />
>> Consistent with the CCWG discussions on the issue, when we present<br />
>> the issue to the public, it must be made clear that any such bylaw<br />
>> amendment is limited to ICANN's mission. It cannot be used as a tool<br />
>> to expand ICANN's mission, now or in the future. Without this, we do<br />
>> NOT have consensus to include the reference. I assume this would fit<br />
>> under the proposed section:<br />
>><br />
>>> - the underlying requirements expressed during the debate,<br />
>><br />
>> It could also be added here:<br />
>><br />
>>> - this assessment and a firm commitment to add a human rights<br />
>>> related Commitment into Icann's Bylaws WITHIN ITS DEFINED MISSION<br />
>><br />
>> Thanks and regards,<br />
>> Keith<br />
>><br />
>><br />
>> On Jul 31, 2015, at 7:51 AM, Mathieu Weill <mathieu.weill@afnic.fr<br />
>> <mailto:mathieu.weill@afnic.fr>> wrote:<br />
>><br />
>>> Dear Colleagues,<br />
>>><br />
>>> As announced during our last call, the co-Chairs have reviewed where<br />
>>> we are on this issue. Our group is tasked to work on the basis of<br />
>>> consensus, and we have focused on assessing where this condition was<br />
>>> met.<br />
>>><br />
>>> It is our conclusion that :<br />
>>> 1) our group has achieved consensus on including a human rights<br />
>>> related Commitment in Icann's Bylaws.<br />
>>> 2) no particular wording currently proposed achieved consensus.<br />
>>><br />
>>> As a consequence, we propose to include into the public comment 2<br />
>>> report (in the Mission & Core value section, a draft is included below)<br />
>>> - this assessment and a firm commitment to add a human rights<br />
>>> related Commitment into Icann's Bylaws,<br />
>>> - the underlying requirements expressed during the debate,<br />
>>> - the concrete language proposals that were considered by our group<br />
>>> so far, as examples<br />
>>><br />
>>> Finally, given the strong momentum on the issue, both during the<br />
>>> meeting and on list before and after, and taking into account the<br />
>>> high level of complexity involved, we suggest to kick off ASAP a<br />
>>> subgroup to further refine the requirements and assess potential<br />
>>> options based on further studies of the current situation and<br />
>>> "agreed-on" language.<br />
>>><br />
>>> We thank you all for your understanding and commitment on this<br />
>>> topic, as well as the extensive discussions both on list and during<br />
>>> the calls about this.<br />
>>><br />
>>> As a reminder, Minority statements filed until Saturday 12.00 UTC<br />
>>> will be incorporated into the report to be published on Monday.<br />
>>> Statements filed after this deadline will be published online but<br />
>>> not incorporated into the report.<br />
>>><br />
>>> Best regards,<br />
>>> Leon, Thomas & Mathieu<br />
>>> Co-chairs<br />
>>><br />
>>> -----------------------------------------------<br />
>>> NEW SUBSECTION IN 3A Mission, Commitmennts & Core Values<br />
>>><br />
>>> Elaborating an Icann Commitment to Human Rights<br />
>>><br />
>>> The CCWG-Accountability extensively discussed the opportunity to<br />
>>> include into Icann Bylaws a Comittment related to Human Rights. The<br />
>>> group commissioned a legal analysis of whether the termination of<br />
>>> the IANA contract would induce changes into Icann's obligations with<br />
>>> regards to Human Rights (LINK). While no significant issue was found<br />
>>> to be directly linked to the termination of the IANA contract, the<br />
>>> group acknowledged the recurring debates around the nature of<br />
>>> Icann's accountability towards the respect of fundamental human rights.<br />
>>><br />
>>> These discussions identified the following, non-exhaustive, list of<br />
>>> accountability-related requirements :<br />
>>> - the NTIA criteria to maintain the openness of the Internet,<br />
>>> including free expression and the free flow of information<br />
>>> - the need to avoid extending Icann's mission into content regulation<br />
>>> - the importance of assessing the impact of Icann policies on Human<br />
>>> rights<br />
>>><br />
>>> Examples of language that could serve as a Commitment were as follows :<br />
>>> - Within its mission and in its operations, ICANN will be committed<br />
>>> to respect the fundamental human rights of the exercise of free<br />
>>> expression and the free flow of information.<br />
>>> - Within its mission and in it operations, ICANN will be committed<br />
>>> to respect internationally recognized fundamental human rights.<br />
>>><br />
>>> The group has achieved consensus on including a human rights related<br />
>>> Commitment in Icann's Bylaws. However no particular wording<br />
>>> currently proposed achieved consensus. Reiterating its commitment to<br />
>>> elaborate concrete proposals as part of its mandate, the<br />
>>> CCWG-Accountability is calling for comments on this approach and the<br />
>>> underlying requirements.<br />
>>><br />
>>><br />
>>><br />
>>> --<br />
>>> *****************************<br />
>>> Mathieu WEILL<br />
>>> AFNIC - directeur général<br />
>>> Tél: +33 1 39 30 83 06<br />
>>> mathieu.weill@afnic.fr <mailto:mathieu.weill@afnic.fr><br />
>>> Twitter : @mathieuweill<br />
>>> *****************************<br />
>>><br />
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