[cc-humanrights] cc-humanrights Digest, Vol 9, Issue 12

Fri Aug 7 16:57:42 UTC 2015

I fully support Marianne's restatement as consistant with international 
human rights norms.
On 8/7/2015 10:07 AM, cc-humanrights-request at icann.org wrote:
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>     1. Re: Human Rights in CCWG on accountability (Marianne Franklin)
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>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 07 Aug 2015 15:46:12 +0200
> From: Marianne Franklin <m.i.franklin at gold.ac.uk>
> To: cc-humanrights at icann.org
> Subject: Re: [cc-humanrights] Human Rights in CCWG on accountability
> Message-ID: <55C4B6A4.1080603 at gold.ac.uk>
> Content-Type: text/plain; charset="windows-1252"; Format="flowed"
>
> 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
> UDHR, ICCPR and IESCR.
>
> 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
> MF
>
> 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:
>>> -----BEGIN PGP SIGNED MESSAGE-----
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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
>>>
>>> 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! Mar?lia 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
>>>>>>>> -- *Mar?lia 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
>>
>>
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-- 
Susan Ariel Aaronson, Ph.D.
Research Professor of International Affairs, Institute of International Economic Policy
Elliott School of International Affairs, George Washington University
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