[cc-humanrights] Fwd: [CCWG-ACCT] Board comments on Recommendation 6 - Human Rights

Ephraim Percy Kenyanito ephraim at accessnow.org
Thu Feb 4 11:50:50 UTC 2016


Awesome everyone. :)

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*Ephraim Percy Kenyanito*
Sub-Saharan Africa Policy Analyst
Access Now | accessnow.org

@ekenyanito
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On 4 February 2016 at 13:38, Marianne Franklin <m.i.franklin at gold.ac.uk>
wrote:

> Dear all
>
> +1 from me! A great step forward.
>
> ciao
> MF
>
>
> On 04/02/2016 10:35, HIBBARD Lee wrote:
>
>> Congratulations to the CCWP! This is great news.
>> Regards to all - Lee
>>
>> Lee Hibbard
>> Internet Governance Coordinator
>> Council of Europe - DG1 Human Rights and Rule of Law
>> Tel: +33 388 41 3104 / www.coe.int
>>
>>
>>
>> -----Original Message-----
>> From: cc-humanrights-bounces at icann.org [mailto:
>> cc-humanrights-bounces at icann.org] On Behalf Of Niels ten Oever
>> Sent: jeudi 4 février 2016 10:02
>> To: Human Rights
>> Subject: [cc-humanrights] Fwd: [CCWG-ACCT] Board comments on
>> Recommendation 6 - Human Rights
>>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA256
>>
>> Dear all,
>>
>> The CCWG on Accountability has achieved consensus on human rights
>> commitment in the bylaws (as part of the CCWG proposal) now the board
>> has agreed to the text proposed by the CCWG.
>>
>> The interpretation framework will be part of Workstream 2.
>>
>> Congratulations all. Exciting work ahead!
>>
>> Best,
>>
>> Niels
>>
>>
>> - -------- Forwarded Message --------
>> Subject: [CCWG-ACCT] Board comments on Recommendation 6 - Human Rights
>> Date: Thu, 4 Feb 2016 07:33:34 +0000
>> From: Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>
>> To: CCWG-Accountability <accountability-cross-community at icann.org>
>>
>> Hello All,
>>
>> In the spirit of the compromise throughout the CCWG proceedings, the
>> Board is modifying its position, and is supportive of inserting a
>> commitment to respect human rights into the ICANN Bylaws as follows:
>>
>>
>>         "Within its Core Values, ICANN will commit to respect
>> internationally
>> recognized Human Rights as required by applicable law. This provision
>> does not create any additional obligation for ICANN to respond to or
>> consider any complaint, request, or demand seeking the enforcement of
>> human rights by ICANN. This Bylaw provision will not enter into force
>> until (1) a Framework of Interpretation for Human Rights (FOI-HR) is
>> developed by the CCWG-Accountability (or another Cross Community
>> Working Group chartered for such purpose by one or more Supporting
>> Organizations or Advisory Committees) as a consensus recommendation in
>> Work Stream 2 (including Chartering Organizations' approval) and (2)
>> the FOI-HR is approved by the ICANN Board using the same process and
>> criteria it has committed to use to consider the Work Stream 1
>> recommendations."
>>
>> Rationale:
>>
>> The clause on the timing of the effective date of the Bylaws provision
>> addressed many, though not all, of the Board's timing concerns.  There
>> were still significant concerns regarding some of the other detail,
>> including possible interpretations that could impose human rights
>> responsibilities on those with whom ICANN does business, or whether
>> there are things that ICANN should affirmatively be doing today, in
>> addition to compliance with law.
>>
>> One of the most pressing concerns that remained with the language was
>> on the potential impact on external entities.  The Board remained
>> concerned that the CCWG's attempt to exclude reach to "entit[ies]
>> having a relationship with ICANN", could actually be interpreted in a
>> manner that increases - not insulates - the reach of this provision.
>> When ICANN is challenged for conduct alleged to be in violation of
>> applicable laws on human rights, that that challenge could also reach
>> third parties for alleged failures to protect or enforce human rights
>> within applicable law.  This could reach entities with or without
>> contracts, and many of which (including ICANN) have no enforcement
>> power when it comes to the law.  This is a potential path to placing
>> an affirmative (and out of mission) obligation to police those with
>> whom ICANN has relationships for potential failures to protect or
>> enforce human rights.
>>
>> This language could leave the door open for those doing business with
>> ICANN to be held to, for example, the applicable laws in the USA or
>> another place where ICANN is found to do business.  The applicable law
>> is not defined as it applies to entities with relationships with
>> ICANN, nor is that the type of language normally included in Bylaws.
>>
>> The Board supports the removal of the language that causes it concern,
>> while allowing the CCWG to move forward with a recommendation to
>> include a commitment in the Bylaws that ICANN treats human rights as a
>> core value that guides the decisions and actions of ICANN:.  We hope
>> this compromise can allow this issue to be closed.
>>
>> Regards,
>> Bruce Tonkin
>>
>> ICANN Board Liaison to the CCWG
>> _______________________________________________
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>>
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