[cc-humanrights] Human Rights in CCWG on accountability

James Gannon james at cyberinvasion.net
Wed Aug 5 12:49:03 UTC 2015

I'm not Marillia but I suggest that a comment from the HRWP would be very very welcome to the CCWG draft report with regards to the human rights issue. As a conglomeration of HR experts and interested parties the members of this group are well placed to weigh in with comments on this issue.


From: cc-humanrights-bounces at icann.org <cc-humanrights-bounces at icann.org> on behalf of Niels ten Oever <niels at article19.org>
Sent: 05 August 2015 13:30:42
To: Marilia Maciel
Cc: Human Rights
Subject: Re: [cc-humanrights] Human Rights in CCWG on accountability

Hash: SHA256

Thanks Marilia. Do you think it would also make sense to draft a
public comment to the CCWG report by suggesting concrete text? Or
would the best workflow be to work on this in the subgroup? Has the
subgroup already been formed? Do you know when they should finish and
whether people from this list, who are not participating in the CCWG,
can join?



Niels ten Oever
Head of Digital

Article 19

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On 08/03/2015 07:01 PM, Marilia Maciel wrote:
> Thank you for sharing, Niels. The conclusion that a reference to
> HR should be included it in the bylaws is a very positive
> development. From what I can notice in the CCWG-Accountability
> mailing list, there has been a considerable interest to join the
> subgroup that will be created to discuss this topic.
> Best! Marília
> On Mon, Aug 3, 2015 at 12:59 PM, Niels ten Oever
> <niels at article19.org <mailto:niels at article19.org>> wrote:
> Dear all,
> This might be of interest to you (from CCWG on Accountability
> https://mm.icann.org/pipermail/accountability-cross-community/2015-Jul
> <https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju
> )
> Best,
> Niels
> Mathieu Weill mathieu.weill at afnic.fr <http://afnic.fr> Fri Jul
> 31 11:49:55 UTC 2015
> 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 righ ts
> 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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> -- *Marília Maciel* Pesquisadora Gestora - Centro de Tecnologia e
> Sociedade - FGV Direito Rio Researcher and Coordinator - Center for
> Technology & Society - FGV Law School http://direitorio.fgv.br/cts
> DiploFoundation associate - www.diplomacy.edu
> <http://www.diplomacy.edu> PoliTICs Magazine Advisory Committee -
> http://www.politics.org.br/ Subscribe "Digital Rights: Latin
> America & the Caribbean" - http://www.digitalrightslac.net/en
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