[cc-humanrights] Human Rights in CCWG on accountability

Marianne Franklin m.i.franklin at gold.ac.uk
Fri Aug 7 13:46:12 UTC 2015

Dear all

I too would note the legal issues around parsing out some rights as more 
fundamental as others.. So, perhaps a wording as follows, in light of 
the legal nuances at stake, and with that political issues around phrasing..

"Within its mission and its operations ICANN commits to respecting and 
upholding fundamental rights and freedoms according international human 
rights law and norms"

This phrase is specific and open enough to permit the full spectrum of 
human rights law and norms, because these now include more than the 

This wider framework of human rights treaties and convenants, which the 
IRPC Charter of Human Rights and Internet articulates for instance, is 
politically sensitive so such a phrase acknowledges this.

Second, within this wider context for the ICANN setting I think that 
using the Ruggie Principles as the initial framing for this initiative 
is important for the business side of the work. That said, ICANN is 
doing work that affects other aspects of our online lives that a more 
narrowly defined business articulation within CSR frameworks, or the 
Ruggie Principles do leave relatively under-articulated.

The above phrasing thereby allows for future steps in acknowledging the 
wider terrain of ICANN work once its CSR responsibilities to human 
rights online are taken on board.

Good luck!
All the best

On 07/08/2015 13:38, Matthew Shears 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:
>> Hash: SHA256
>> 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
>> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>>                     678B 08B5 A0F2 636D 68E9
>> 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 19www.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 19www.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 listcc-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
>>>>>>> Schoolhttp://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 listcc-humanrights at icann.org  
>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights
>>>> _______________________________________________ cc-humanrights
>>>> mailing listcc-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
> _______________________________________________
> cc-humanrights mailing list
> cc-humanrights at icann.org
> https://mm.icann.org/mailman/listinfo/cc-humanrights

Marianne Franklin, PhD
Professor of Global Media and Politics
Convener: Global Media & Transnational Communications Program
Goldsmiths (University of London)
Department of Media & Communications
New Cross, London SE14 6NW
Tel: +44 20 7919 7072
<m.i.franklin at gold.ac.uk>
Chair of the Global Internet Governance Academic Network (GigaNet)
Steering Committee/Former Co-Chair Internet Rights & Principles Coalition (UN IGF)

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