[cc-humanrights] ICANN55 overview, welcome new members, and road forward

Niels ten Oever niels at article19.org
Sun Mar 20 10:55:41 UTC 2016

Dear all,

I hope you are all recovered from ICANN55. We had a lot of activities
and made quite a bit of progress. Please find my short overview below.
This is also the moment to welcome some new people to our list and our
work. To them I'd like to say: Great you're here, welcome, and feel free
to ask a question or chip in at any time.

Now first a short recap, for the follow-ups, check below.

**CCWP HR Public Session**
Audio Stream:

We had a very well attended public session in which member from
different parts of the community as well as four board
members actively participated, next to ICANN staff. There was a
lively discussion as well as presentations of the work of all the
subgroups by Tatiana, Vidushi, Motoko, Marilia, and Monika. You can find
the slides, transcripts and recordings under the links provided above.
The feedback we have received both after the session and in the hallways
was very positive and people were very impressed by the structured,
thorough and consist nature of the work that is being delivered.
Unfortunately the audio connection with Jeremy Malcolm did not work out
so there was no presentation on intermediary liability.
In several

**Joint session CCWP HR – GAC WG HRIL**
Audio Stream:

The joint session between the CCWP HR and the GAC WG HRIL unfortunately
coincided with a very crucial moment in the development of the GAC
communiqué vis-a-vis the CCWG accountability proposal. The GAC had just
decided it would go for a short break, and would continue drafting
through the evening and into the night. Therefor the attendance of the
joint session by governments was not as big as we hoped, but the
engagement with the government representatives present as well as the
GAC working group co-chairs was very constructive. Marília , Motoko,
Tatiana and Aarti provided a great overview of our work and our initial
thoughts about possible ways forward. The GAC WG repeatedly expressed
their appreciation of the work, as well as the commitment to continue
communication, collaboration and coordination in the work ahead.
Currently the CAG WG on HRIL is deciding on its work plan for the coming

**Meeting with staff**
After running into Theresa Swineheart in the hallways and shortly
discussing human rights with her, I received an invitation to discuss a
coordination of human rights work with the staff. Because this was an
explicit ask we made to Nigel Hikson in our previous calls I thought
this would be a good opportunity, and asked Tatiana and Motoko to join
me in this meeting.

The meeting was attended by Samantha Eisner from ICANN’s general
council’s office, Nora Abusita, Theresa Swineheart and Elizabeth
Andrews. Elizabeth Andrews will be ICANN’s staff main contact point for
human rights issues. After brief introductions, we established the
significance and importance of having the CCWP HR as a forum of
convergence and discussion on human rights issues, that are now
mushrooming all over ICANN.
For ICANN staff is was crucial that the discussions in WS2 are
reflective of community discussions. The board will also be engaging in
Workstream two, and it was reiterated that it is crucial to remain
within ICANN's mission and scope.

Nonetheless, the concrete development of work is taking place in the
PDPs and the CCWG on accountability. It is of importance that we are
focused on the importance of not duplicating efforts, and keeping each
other informed. This could pre-empt misunderstandings and concerns that
live in different parts of the community.  We concluded that Liz will be
the future point of contact. And the CCWP aims to improve her visibility
and communication with the community as we also discussed in our last
CCWP HR call. Finally, in this meeting as well as in the CCWG
face-to-face meeting there seems to be quite some gusto for the human
rights impact assessment to first understand what are the concrete
issues at hand. It was also observed by Samantha that corporate
practices need a different analysis than a rights impact analysis during
the PDP process. We suggested we would also look at the risk framework
that is currently being developed to analyze ICANNs rights impact. The
CFO and staff seemed interested by this idea.
Theresa will be responsible for the human rights work in WorkStream two,
Elisabeth will be our point of contact and Samantha will provide all the
legal assessments needed. All reiterated they are were open and ready to
engage withthe community.

**Questions to the board**
Audio Stream:

We agreed in the NCSG to ask the following questions to the board
concerning human rights:

In the CCWP HR we've been working on the preparation for a human rights
policy for ICANN, which would be needed to live up to the commitment to
human rights which is proposed in the CCWG report. How does the board
envision a process for the development of a human rights policy for
ICANN ? Will there be dedicated ICANN staff working on the development
of a human rights policy who could also function as a focal point on
human rights? And if so, who will this be? Will making a human rights
statement by the board be part of this, as suggested by the board in
your comments to the 3rd draft report of the CCWG on Accountability?

You can find the full recording above (transcript not yet available),
but the the board reaffirmed its commitment to work on human rights; it
nonetheless did not prepare a board human rights statement for this
meeting but is still intending to do so. The response to the questions
by different board members showed a constructive attitude but also
different perspectives held by different members of the board.

**CCWG Accountability Report passed**
As you all probably know, all constituencies have approved the report
produced by the CCWG on accountability, in the mean time the board has
also forwarded it to NTIA where it is now under review and after which
this will be forwarded to Congress. In the mean time the CCWG is working
with ICANN lawyers on the drafting of the bylaws, as described in the
report. Subsequently, we will start with the implementation of work
stream 2 but the talks about this are still in a very early stage. Once
the call for volunteers for work stream 2 is out I will make sure to
post it here. As well as of course the draft of the bylaw language as
proposed in annex 6 of the CCWG accountability proposal.

**CCWP HR Working Session + To Do's**
Audio Stream:

In a constructive working session we evaluated the current working
methods, and decided that five subgroups was a bit of an overkill. So we
decided to reduce to three thematic subgroups: by merging subgroup 1 and
2 into 1 research group, as well as sub group 4 and 5 into 1 PDP
liaising policy group to support the important work that is happening,
and will happen in the PDPs for new Gtlds, RDAP, WHOIS, and others. The
subgroup 3 will remain focused on the CCWG Accountability work stream 2.

This all worked great with the support of Maryam. You should have all
been moved to the relevant sublists, if not you can subscribe here.


I would like to ask all the groups to rework their ToR and share it on
this list before the next call. The notes I have about scope are:

Research Group:
- Continue Vizualizations
- Map cases that make the link between ICANN and human rights
- Privacy & Data Protection
- Whois
- Trademark & Copyright Protection Mechanism
- new gTLDs
- Auctions
- Geographical names

-> volunteers: Monika, Vidushi*, Gangesh, Marillia, Aarti, Renata +
members on the list, new people very welcome

Human Rights Workstream 2 Group
- Focus on human rights recommendation in WS2
- Aim to also grasp other issues such as diversity
- Continue work on Human Rights Impact Assessment
- Map Framework of Interpretation History
- Engage with legal experise
- Report back about the process

-> Volunteers: Aarti, Matthew Gangesh, Milton, Tatiana, Niels* + members
on the list, new people very welcome

PDP Group
- Provide research to inform PDPs
- new gTLDs
- Auction proceeds
- RPM pdp
- Engage and report back, map how we can contribute and how it impacts
Human Rights

-> Volunteers: Renata, Vidushi, Gangesh, Marilia*, Monika, Aarti +
members on the list, new people very welcome

I would like to ask Vidushi (Research Group) and Marilia (PDP group) to
get this work going and ensure we have a ToR and update sub-sites on the
wiki before our next call. I'll do so for the WS2 group.


I would like to propose following call schedules:

CCWP HR calls:
13:00 UTC
16:00 UTC

CCWP HR Research call
April 1, 13:00 UTC
April 29 16:00 UTC
May 27, 13:00 UTC

April 8, 16:0 UTC
May 6, 13:00 UTC
April 3, 16:00 UTC

April 15, 13:00 UTC
May 13, 16:00 UTC
June 10, 13:00 UTC

CCWP HR call:
April 22, 16:00 UTC
May 20, 13:00 UTC
June 17, 16:00 UTC
June 22, 13:00 UTC

June 27-30 ICANN Helsinki.

Please let me know if you would like to alter this, if not I'll ask
Mariam to send out invites for this.


Looking forward to make the next steps in this important human rights
work in ICANN together with you. Join the mailinglists:


and let's get to the work :)

If you have any questions or suggestions, always feel free to reach out
to the list, or to me directly. Also let me know if you think something
is misrepresented in this mail or something important is missing.

All the best,


Niels ten Oever
Head of Digital

Article 19

PGP fingerprint    8D9F C567 BEE4 A431 56C4
                   678B 08B5 A0F2 636D 68E9

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