[cc-humanrights] Human Rights in CCWG on accountability

Fri Aug 7 11:43:06 UTC 2015

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Agreed working on a good basic implementation into the bylaws without necessarily going into specifics is a good idea so that the CCWP and WS2 can actually come up with solid standards that the bylaw will then be able to be held as a standard against.

- -James

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> On 7 Aug 2015, at 12:38, Matthew Shears <mshears at cdt.org> wrote:
> 
> I agree Niels.  Some simple language like (based on some of the inputs Avri had collated):
> 
> "Within its mission and in its operations, ICANN [will be] *is* committed to respect [fundamental] human rights."
> 
> Two points: 1) unless there is some legally defined meaning to the term "fundamental" when applied to HR I would leave it out as it is subjective and differs by jurisdiction/state/interpretation; 2) if we do include the word fundamental then we probably should include reference to the minimum qualifying docs - "as enshrined in the UDHR and ICCPR."
> 
> Everything else we can leave to WS2 and the CCWP to work on.
> 
> Best.
> 
> Matthew
> 
> .
> On 8/7/2015 12:07 PM, Niels ten Oever wrote:
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>> Hi all,
>> 
>> I think a clear commitment to human rights is sufficient for the
>> bylaws. I don't think specific instruments or policies should be
>> described there.
>> 
>> One could possibly think of the reference for there being a policy
>> that describes how ICANN ensures it respects human rights in its
>> policies and operation, but wouldn't want to risk going into the weeds
>> here about what that should look like. Don't think the CCWG is the
>> place for that.
>> 
>> Best,
>> 
>> Niels
>> 
>> Niels ten Oever
>> Head of Digital
>> 
>> Article 19
>> www.article19.org
>> 
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>> 
>> On 08/07/2015 10:39 AM, Matthew Shears wrote:
>>> Suggest both.  All should join who are concerned with this issue.
>>> 
>>> Note that there are many of us already on the subgroup.  What
>>> formulation would you want to see introduced?
>>> 
>>> Matthew
>>> 
>>> On 8/5/2015 2:25 PM, Niels ten Oever wrote: Hi James and others,
>>> 
>>> What would be the rationale for a public comment vs participating
>>> in the subgroup? Just trying to assess the best strategy for
>>> engagement.
>>> 
>>> Cheers,
>>> 
>>> Niels
>>> 
>>> Niels ten Oever Head of Digital
>>> 
>>> Article 19 www.article19.org
>>> 
>>> PGP fingerprint    8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D
>>> 68E9
>>> 
>>> On 08/05/2015 02:49 PM, James Gannon wrote:
>>>>>> 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.
>>>>>> 
>>>>>> -James
>>>>>> 
>>>>>> ________________________________________ 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
>>>>>> 
>>>>>> 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
>>>>>> 
>>>>>> 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>> wrote: Dear all, This might
>>>>>>> be of interest to you (from CCWG on Accountability
>>>>>>> https://mm.icann.org/pipermail/accountability-cross-community/2015
>> - -Ju
>> l
>>> y/
>>>>>> 004798.html
>>>>>>> <https://mm.icann.org/pipermail/accountability-cross-community/201
>> 5-J
>> u
>>> ly/
>>>>>> 004798.html>
>>>>>>> ) 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.
>>>>>> 
>>>>>>> _______________________________________________
>>>>>>> cc-humanrights mailing list 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>
>>>>>>> PoliTICs Magazine Advisory Committee -
>>>>>>> http://www.politics.org.br/ Subscribe "Digital Rights:
>>>>>>> Latin America & the Caribbean" -
>>>>>>> http://www.digitalrightslac.net/en
>>>>>> _______________________________________________
>>>>>> cc-humanrights mailing list cc-humanrights at icann.org
>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights
>>>>>> 
>>>> _______________________________________________ cc-humanrights
>>>> mailing list cc-humanrights at icann.org
>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights
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> 
> -- 
> Matthew Shears
> Global Internet Policy and Human Rights
> Center for Democracy & Technology (CDT)
> + 44 (0)771 247 2987
> 