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

Sun Mar 20 21:12:08 UTC 2016

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Chris LaHatte
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-----Original Message-----
From: cc-humanrights-bounces at icann.org [mailto:cc-humanrights-bounces at icann.org] On Behalf Of Niels ten Oever
Sent: Sunday, March 20, 2016 11:56 PM
To: Human Rights <cc-humanrights at icann.org>
Subject: [cc-humanrights] ICANN55 overview, welcome new members, and road forward

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**
https://meetings.icann.org/en/marrakech55/schedule/mon-ncsg-human-rights
Audio Stream:
https://meetings.icann.org/en/marrakech55/schedule/mon-ncsg-human-rights/audio-ncsg-human-rights-07mar16-en
Transcript:
https://meetings.icann.org/en/marrakech55/schedule/mon-ncsg-human-rights/transcript-ncsg-human-rights-07mar16-en

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**
https://meetings.icann.org/en/marrakech55/schedule/tue-gac-hril-ccwp
Audio Stream:
https://meetings.icann.org/en/marrakech55/schedule/tue-gac-hril-ccwp/ac-gac-hril-ccwp-08mar16-en
Transcript:
https://meetings.icann.org/en/marrakech55/schedule/tue-gac-hril-ccwp/transcript-gac-hril-ccwp-08mar16-en

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 time.

**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**
https://meetings.icann.org/en/marrakech55/schedule/tue-board-ncsg
Audio Stream:
https://meetings.icann.org/en/marrakech55/schedule/tue-board-ncsg/audio-board-ncsg-08mar16-en

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**
https://meetings.icann.org/en/marrakech55/schedule/wed-ccwp-human-rights
Audio Stream:
https://meetings.icann.org/en/marrakech55/schedule/wed-ccwp-human-rights/audio-ccwp-human-rights-09mar16-en
Transcript:
https://meetings.icann.org/en/marrakech55/schedule/wed-ccwp-human-rights/ccwp-human-rights-09mar16-en

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.

https://mm.icann.org/mailman/listinfo/cc-humanrights-research
https://mm.icann.org/mailman/listinfo/cc-humanrights-ws2
https://mm.icann.org/mailman/listinfo/cc-humanrights-pdp

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
- UDRP
- Privacy & Data Protection
- RAA
- 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
- WHOIS, RDAP
- 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.

**Calls**

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

CCWP HR WS2
April 8, 16:0 UTC
May 6, 13:00 UTC
April 3, 16:00 UTC

CCWP HR PDP call:
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.

**Conclusion**

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

https://mm.icann.org/mailman/listinfo/cc-humanrights-research
https://mm.icann.org/mailman/listinfo/cc-humanrights-ws2
https://mm.icann.org/mailman/listinfo/cc-humanrights-pdp

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

--
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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