[cc-humanrights] Signing up for a sub-group

Geetha Hariharan geetha at cis-india.org
Thu Nov 26 05:10:11 UTC 2015


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Hello all,

Hope this finds you well! Thank you for joining and being involved
with subgroup 2 of the CCWP-HR.

0. Mandate
- ----------

How should we define our mandate?  Currently it reads:

"To document cases and examples in which ICANN is potentially impacting
human rights."

Given that this will necessarily overlap to an extent with SG3 and SG4,
do we wish to narrow down the focus?  Or should we keep it broad-ended,
and say that what we are seeking to do is a 'snapshot' analysis (unlike
SGs 3 and 4, which will engage in an ongoing process).

Further, do we wish to include only ICANN policies, or even include
individual instances of practices (and applications of policy) which we
believe have had HR impact?  (For instance, calling out specific
instances within the gTLD process, etc.)?

Lastly, do we wish to go for breadth of cases, or to take a few and
examine them with some amount of depth?


1. Output
- ---------

What should out output for Marrakesh be?  Potentially, subgroup 2 could
come out with an issue brief compiling our analysis.


2. Calls
- --------

We'd suggest that our subgroup meets over call one day before the
CCWP-HR calls. This would mean calls (at say, 1500hrs UTC) on December
20 - January 20 - February 9.

In the alternative, we could have our calls an hour before each CCWP-HR
call.


3. Some potential topics
- ------------------------

1. The new gTLD Subsequent Procedures PDP:
In the Preliminary Issues Report (31 August 2015), a set of 30+ issues
have been set out. The following issues are missing or inadequately
dealt with:

   (a) WHOIS privacy;
   (b) Freedom of expression considerations wrt to gTLD applications,
string contention and dispute resolution. This issue is noted in the
Preliminary Report, and references the CoE report on ICANN and human
rights (October 2014), but does not consider the list or scope of issues
involved.

2. UDRP

   (a) In Clause 4(a) on Mandatory Administrative Proceedings for
Applicable Disputes, the scope of applicable disputes is limited to
trademark-related disputes. Issues surrounding freedom of expression,
privacy, community interests in a domain name, geographical interests in
domain names, etc. are not addressed.

3. Name Collisions Management Framework

The framework does not set out a process to hear parties with
colliding names, but only authorises registries to undertake
controlled interruption.

4. WHOIS and privacy, in light of the new PDP


Warm regards,
Geetha.

- -- 
Geetha Hariharan
Programme Officer
Centre for Internet and Society
W: http://cis-india.org | T: +91 8860 360717
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