[cc-humanrights] Human Rights in CCWG on accountability
Matthew Shears
mshears at cdt.org
Fri Aug 7 08:40:50 UTC 2015
Very good points.
On 8/5/2015 3:16 PM, Stephanie Perrin wrote:
> AS for the strategy....I think it would be a good idea to discuss it
> with Avri among others who have been in the thick of it trying to get
> the language into the bylaws. The CCWG gets quite heated and this is
> very controversial and close to some government hearts, not to mention
> industry hearts. I would suggest a somewhat cautious approach, but
> perhaps I just find the CCWG multiple conversations and calls
> overwhelming. I would suggest you have a listen to some of them
> before you wade in Niels.
> cheers Stephanie
> PS I will see if I can find and forward the email that has the list of
> all who have joined the group.
>
> On 2015-08-05 8:46, Rafik Dammak wrote:
>> a subgroup was set to work on that and its mailing list set already.
>> I think participants of CCWG can join it ( the CCWG is open to
>> participants and observers)
>>
>> Rafik
>>
>> 2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels at article19.org
>> <mailto:niels at article19.org>>:
>>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA256
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>> 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?
>>
>> Best,
>>
>> Niels
>>
>>
>>
>> Niels ten Oever
>> Head of Digital
>>
>> Article 19
>> www.article19.org <http://www.article19.org>
>>
>> PGP fingerprint 8D9F C567 BEE4 A431 56C4
>> 678B 08B5 A0F2 636D 68E9
>>
>> 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>
>> <mailto: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
>> y/
>> <https://mm.icann.org/pipermail/accountability-cross-community/2015-Jul%0Ay/>
>> >
>> >
>> 004798.html
>> >
>> <https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju
>> ly/
>> >
>> >
>> 004798.html>
>> > )
>> >
>> > Best,
>> >
>> > Niels
>> >
>> > Mathieu Weill mathieu.weill at afnic.fr <http://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.
>> >
>> >
>> >
>> > _______________________________________________ cc-humanrights
>> > mailing list cc-humanrights at icann.org
>> <mailto:cc-humanrights at icann.org>
>> > <mailto:cc-humanrights at icann.org <mailto:cc-humanrights at icann.org>>
>> > https://mm.icann.org/mailman/listinfo/cc-humanrights
>> >
>> >
>> >
>> >
>> > -- *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>
>> > <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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>
>
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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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