[cc-humanrights] On renewed importance, opportunities to engage, and ICANN61

Collin Kurre collin at article19.org
Wed Apr 11 13:53:03 UTC 2018


Dear Betsy, all,

Thanks for this explanation; very helpful. That answers half of Niels’ initial question (“Does the Board fall under the HRIA of the org?” — No), but the other half still remains up for discussion:

"Should the ICANN board have its own HRIA?"

The Framework of Interpretation <https://community.icann.org/display/WEIA/Documents?preview=/59641302/79437270/CCWG-Accountability-WS2-HumanRight-FinalReport-20171106%5B1%5D.pdf> states that “The Board will need to take into account ICANN’s Mission, Commitments and Core Values, including the Human Rights Core Value, in considering all matters before the Board” (p 9), but human rights impact assessments are only explicitly mentioned in relation to SOs and ACs.

Since the Board seems to be a blind spot covered by neither the organizational HRIAs nor the community compliance mechanisms, it could make sense to work on devising an HRIA model or other mechanism specifically tailored to the Board. Thoughts?

Best,
Collin Kurre

> On Apr 10, 2018, at 4:30 PM, Elizabeth Andrews <elizabeth.andrews at icann.org> wrote:
> 
> Hi Niels, Collin, all,
> 
> The scope of the ICANN org HRIA includes four categories: events, procurement, human resources, and the implications of running worldwide offices. While some of those areas intersect with Board operations, there is no "Board" category included and how the Board does its work is out of scope of this current project.
> 
> Thanks,
> Betsy
> 
> 
> Dr Elizabeth Andrews
> Academic Specialist and Senior Research Analyst
> Public Responsibility Support
> Internet Corporation for Assigned Names and Numbers (ICANN)
> 
> Mobile: +1 310 266 5376
> Email: elizabeth.andrews at icann.org <mailto:elizabeth.andrews at icann.org>
> Skype: elizabeth.andrews.icann
> 
> 
> 
> 
> 
> 
> From: cc-humanrights <cc-humanrights-bounces at icann.org <mailto:cc-humanrights-bounces at icann.org>> on behalf of Collin Kurre <collin at article19.org <mailto:collin at article19.org>>
> Date: Friday, April 6, 2018 at 11:06 AM
> To: Rafik Dammak <rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>>, avri doria <avri at acm.org <mailto:avri at acm.org>>
> Cc: Niels ten Oever <niels at article19.org <mailto:niels at article19.org>>, Mike Karanicolas <mkaranicolas at gmail.com <mailto:mkaranicolas at gmail.com>>, "cc-humanrights at icann.org <mailto:cc-humanrights at icann.org>" <cc-humanrights at icann.org <mailto:cc-humanrights at icann.org>>
> Subject: Re: [cc-humanrights] On renewed importance, opportunities to engage, and ICANN61
> 
> Dear colleagues, <>
> 
> First, responding to Rafik, the website was precisely what I was thinking about when I used the word “housed” — e.g., resources from the CCWP-HR are housed <https://community.icann.org/display/gnsononcomstake/CCWP+on+ICANN+and+Human+Rights> on the NCSG wiki.
> 
> CHARTER
> In discussing CCWP's chartering organization, let’s not forget the intended scope of work for the CCWP-HR, which is perhaps more relevant than whether or not it is deemed independent. Our objectives can be summarized as follows: researching and raising awareness about ICANN’s human rights effects; providing information, suggestions, and recommendations to SOs, ACs, and broader ICANN community about how each group can comply with the Human Rights Bylaw; and serving as a forum for related discussions.
> 
> IMPORTANCE
> I agree that the CCWP-HR will have a central role in the wake of WS2, as we are the only group that is making movements to propose procedures and mechanisms for community compliance with the Human Rights Bylaw. This work will—and should!—inform and coincide with the parallel work of the WS2 Implementation Team, but it won’t supplant it.
> 
> WAY FORWARD
> So let’s have a look at some of the related work that has been proposed:
> 
> - Development of specific HRIA models for the GNSO, ccNSO, ASO, GAC, ALAC, SSAC, RSSAC
> ICANN’s process documentation project <https://www.icann.org/processdocumentation>—specifically the flowcharts for each SO and AC—is a very useful resource as we consider where and how HRIAs could be incorporated into other decision-making processes. Would anyone like to zero in on an SO/AC to make proposals about where an HRIA could fit in, and what it could look like?
> 
> - Testing, evaluation and improvement of said models with the respective SOs and ACs (maybe do a shadow HRIA /  trial run)
> The CCWP-HR presented an initial sketch for an HRIA for GNSO PDPs <https://docs.google.com/document/d/1hVA3lj6NrZLBV9CbH1SwNMt-enygaDR_t2N5c8wDW8I/edit?usp=sharing> at ICANN60 in Abu Dhabi. Would anyone like to help with a trial run on an ongoing PDP?
> 
> - Providing input to the organization that is doing the HRIA of the ICANN org, and figuring out whether or not the Board is included.
> The organization doing ICANN’s HRIA is called Löning <http://www.loening-berlin.de/en/>, and they’re based in Berlin. Would anyone (in Berlin, perhaps?) like to liaise with them and determine if the HRIA encompasses the ICANN board?
> 
> Please keep in mind that we also welcome research ideas not explicitly related to the Human Rights Bylaw or the proceedings of WS2. Vidushi is working on a paper exploring the specific human rights impacts of ongoing GNSO PDPs, and Ines has kindly offered to join the drafting team. Get in touch if you would like to contribute there, or have any new ideas for a paper.
> 
> All the best,
> Collin Kurre
> 
> On Apr 6, 2018, at 12:04 AM, avri doria <avri at apc.org <mailto:avri at apc.org>> wrote:
> 
> Hi,
> 
> As I said, I was asked by several people and did not know the answer.
> Given the central role this group might have going forward once WS2 is
> done and dealt with, it is good for it to be clear and for it to be
> accepted across the community.
> 
> And I do know it has done some interesting work, thank you for reminding me.
> 
> avri
> 
> 
> On Apr 5, 2018, at 8:41 PM, Rafik Dammak <rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>> wrote:
> 
> Hi Avri,
> 
> 
> NCSG provides some in-kind support by sharing some resources such as wiki space or using adobe connect since during the time of formation staff was reluctant to provide support for an ad-hoc group. NCSG didn't charter the working party and I am not sure that word "housing" is the right term (unless I am mistaking in the meaning)  , probably supporting is more appropriate here.
> 
> Best,
> 
> Rafik
> 
> On Fri, Apr 6, 2018, 3:18 AM avri doria <avri at apc.org <mailto:avri at apc.org>> wrote:
> Hi,
> 
> So it is not independent, but rather is a part of the NCSG.
> 
> Thanks
> 
> avri
> 
> 
> 
> On 05-Apr-18 11:27, Collin Kurre wrote:
> > Hi Avri,
> >
> > Michael and I were asked about the CCWP-HR's chartering organization
> > several times in San Juan as well. To follow up on Niels’ helpful
> > response on the history of its creation, the CCWP-HR was ultimately
> > formed as an informal, multistakeholder group housed within the
> > Non-Commercial Stakeholder Group of the GNSO.
> >
> > The original charter (written many meetings before Abu Dhabi, when our
> > name was shortened) can be found
> > here: https://community.icann.org/pages/viewpage.action?pageId=53772653&preview=/53772653/54003840/Charter%20of%20CCWP-HR.pdf <https://community.icann.org/pages/viewpage.action?pageId=53772653&preview=/53772653/54003840/Charter%20of%20CCWP-HR.pdf>
> >
> > Best,
> > Collin
> >
> > Collin Kurre
> > Digital Programme
> >
> > PGP Fingerprint:
> > C8E9 0123 A256 06E6 1471 53C5 5A7F 3E06 61CC 0603
> >
> > ARTICLE 19 <http://www.article19.org <http://www.article19.org/>>
> > <http://www.article19.org <http://www.article19.org/>>
> >> On Apr 5, 2018, at 3:00 PM, Niels ten Oever <niels at article19.org <mailto:niels at article19.org>
> >> <mailto:niels at article19.org <mailto:niels at article19.org>>> wrote:
> >>
> >> The charter was developed with input in-person and on-list from a wide
> >> range of participants from different SOs and ACs, at the time it was
> >> decided that an informal structure would serve the purpose of the CCWP
> >> better, so it was not officially chartered by different SOs and ACs.
> >>
> >> Best,
> >>
> >> Niels
> >>
> >> Niels ten Oever
> >>
> >> Article 19
> >> www.article19.org <http://www.article19.org/><http://www.article19.org <http://www.article19.org/>>
> >>
> >> PGP fingerprint    2458 0B70 5C4A FD8A 9488
> >>                   643A 0ED8 3F3A 468A C8B3
> >>
> >> On 04/05/2018 03:52 PM, avri doria wrote:
> >>> Hi,
> >>>
> >>> One question I have been asked about this group is: by whom is it
> >>> chartered?  Is it a bottom up independent group outside the SOAC
> >>> structure or has it been chartered by groups within the SOAC structure?
> >>>
> >>> thanks
> >>>
> >>> avri
> >>>
> >>>
> >>>
> >>> On 03-Apr-18 16:08, Collin Kurre wrote:
> >>>> *SUMMARY*:
> >>>> - Letter from the chair on the CCWP-HR’s renewed importance and
> >>>> opportunities to engage
> >>>> - Overview of CCWP-HR session at ICANN61
> >>>>
> >>>>
> >>>> Fellow members of the CCWP-HR,
> >>>>
> >>>> First, to those of you who are new to the Cross Community Working
> >>>> Party on ICANN and Human Rights (CCWP-HR), or new to the ICANN
> >>>> community: Welcome.
> >>>>
> >>>> 10 ICANN meetings ago, the CCWP-HR was chartered
> >>>> <https://community.icann.org/pages/viewpage.action?pageId=53772653&preview=/53772653/54003840/Charter%20of%20CCWP-HR.pdf <https://community.icann.org/pages/viewpage.action?pageId=53772653&preview=/53772653/54003840/Charter%20of%20CCWP-HR.pdf>>
> >>>> with the objectives of providing information, facilitating dialogue,
> >>>> and making suggestions on ways to harmonize ICANN’s policies and
> >>>> procedures with internationally recognized human rights standards,
> >>>> among others.
> >>>>
> >>>> Though the frequency of our mailing list may have dwindled as our
> >>>> members dedicated their time and efforts to enhancing diversity,
> >>>> transparency, and other rights-related considerations through Work
> >>>> Stream 2 <https://community.icann.org/display/WEIA <https://community.icann.org/display/WEIA>>, the relevance of
> >>>> our Working Party has not diminished. Quite the contrary.
> >>>>
> >>>> The new Human Rights Bylaw
> >>>> <https://www.icann.org/resources/pages/governance/bylaws-en/#article1 <https://www.icann.org/resources/pages/governance/bylaws-en/#article1>>,
> >>>> a core value to “respect internationally recognized human rights as
> >>>> required by applicable law,” will come into effect this year. Quoting
> >>>> from the Bylaw’s Framework of Interpretation
> >>>> <https://community.icann.org/display/WEIA/Documents?preview=/59641302/79437270/CCWG-Accountability-WS2-HumanRight-FinalReport-20171106%5B1%5D.pdf <https://community.icann.org/display/WEIA/Documents?preview=/59641302/79437270/CCWG-Accountability-WS2-HumanRight-FinalReport-20171106%5B1%5D.pdf>>
> >>>> “it is up to each SO and AC, and ICANN the organization, to develop
> >>>> their own policies and frameworks to fulfill this Core Value.”
> >>>> Compliance must—and will—happen. ICANN org’s [1] ongoing HRIA is a
> >>>> testament to their commitment to uphold this core value. Yet how this
> >>>> compliance will materialize in SOs, ACs, and the other parts of the
> >>>> ICANN remains to be seen.
> >>>>
> >>>> As the only cross-community group mandated to provide information,
> >>>> suggestions, and recommendations to chartering organizations regarding
> >>>> human rights impacts and improvements, the CCWP-HR is uniquely
> >>>> positioned to play an influential role in these discussions moving
> >>>> forward. By extension, we—the members of the Working Party; an
> >>>> informal gathering of people interested in the intersection of human
> >>>> rights and ICANN—are also uniquely poised to help shape the
> >>>> community’s Human Rights compliance mechanisms as they develop.
> >>>>
> >>>> In case you remain unconvinced or uninspired by the challenge of
> >>>> creating systems to uphold ICANN’s Human Rights Bylaw, there are
> >>>> myriad other ways to contribute to the discussion. In the past,
> >>>> members of the CCWP-HR have diagrammed ICANN Policies and Human Rights
> >>>> <https://community.icann.org/download/attachments/53772653/ICANN%20and%20Human%20Rights%20Jan2018.pdf?version=1&modificationDate=1518025905000&api=v2 <https://community.icann.org/download/attachments/53772653/ICANN%20and%20Human%20Rights%20Jan2018.pdf?version=1&modificationDate=1518025905000&api=v2>>,
> >>>> documented potential human rights issues arising from gTLD subsequent
> >>>> procedures
> >>>> <https://community.icann.org/download/attachments/53772653/4.CCWP-HR%20Jurisdiction.pdf?version=1&modificationDate=1467180138000&api=v2 <https://community.icann.org/download/attachments/53772653/4.CCWP-HR%20Jurisdiction.pdf?version=1&modificationDate=1467180138000&api=v2>>,
> >>>> and designed an initial sketch
> >>>> <https://docs.google.com/document/d/1hVA3lj6NrZLBV9CbH1SwNMt-enygaDR_t2N5c8wDW8I/edit?usp=sharing <https://docs.google.com/document/d/1hVA3lj6NrZLBV9CbH1SwNMt-enygaDR_t2N5c8wDW8I/edit?usp=sharing>> for
> >>>> incorporating human rights impact assessments into policy development
> >>>> processes.
> >>>>
> >>>> Ongoing research in the CCWP-HR seeks to flesh out the effects of
> >>>> current policy development procedures on particular rights (presented
> >>>> at last meeting, see below). Getting involved in this project may be
> >>>> of interest to newcomers in particular, as it offers an opportunity to
> >>>> become more familiar with ICANN procedures while contributing to
> >>>> scholarship in the field human rights and Internet governance.
> >>>> Charting the decision-making processes of SOs and ACs, tracking the
> >>>> effectiveness of remedy and due process measures, or further exploring
> >>>> language rights in the ICANN context have all been floated as
> >>>> potential avenues for future research.
> >>>>
> >>>> Thought guided by its charter, the CCWP-HR is driven by its members;
> >>>> that is, /your/ interests, expertise, and experience. Meetings are
> >>>> important, but inter-sessional work shouldn’t be overlooked—lest the
> >>>> plurality of our Working Party be reduced to a precious few voices.
> >>>>
> >>>> Got an idea for a paper? *Float it on the list. *
> >>>> Have a doubt about operationalizing the Human Rights Bylaw in ASO, or
> >>>> ALAC, or other? *Flag it on the list.*
> >>>> Is a half-baked idea taking shape, but not ready to share? *Ping your
> >>>> co-chairs*—we're here to support you.
> >>>>
> >>>> Looking forward,
> >>>>
> >>>> Collin Kurre
> >>>> Co-Chair, Cross Community Working Party on ICANN and Human Rights
> >>>>
> >>>>
> >>>>
> >>>> *CCWP-HR at ICANN61*
> >>>>
> >>>> Meeting agenda:
> >>>>
> >>>>  * Welcome and Introduction
> >>>>  * /Update/: ICANN Org’s ongoing Human Rights Impact Assessment
> >>>>    (HRIA) — /Ergys Ramaj /(presentation
> >>>>    <https://static.ptbl.co/static/attachments/169538/1521013234.pdf?1521013234 <https://static.ptbl.co/static/attachments/169538/1521013234.pdf?1521013234>>)
> >>>>  * /Update/: HR Bylaw and CCWG-Accountability Work Stream 2
> >>>>  * /Discussion/: Implementing the Human Rights Bylaw in SOs/Acs
> >>>>  * Review of the FoI & Considerations Document
> >>>>  * Lessons learned from designing HRIAs for infrastructure providers
> >>>>  * /Presentation/: Human Rights in PDPs — /Vidushi Marda/
> >>>>  * /Discussion/: Future research possibilities
> >>>>
> >>>> Presentation:
> >>>> https://static.ptbl.co/static/attachments/169578/1521030196.pdf?1521030196 <https://static.ptbl.co/static/attachments/169578/1521030196.pdf?1521030196>
> >>>>
> >>>> Meeting
> >>>> transcript: https://static.ptbl.co/static/attachments/169785/1521124762.pdf?1521124762 <https://static.ptbl.co/static/attachments/169785/1521124762.pdf?1521124762>
> >>>>
> >>>> Session description: https://61.schedule.icann.org/meetings/647769 <https://61.schedule.icann.org/meetings/647769>
> >>>>
> >>>>
> >>>> [1] For newcomers, the distinction I am referencing here is between
> >>>> “ICANN org,” the nonprofit organization incorporated in California and
> >>>> responsible for /coordinating/ the maintenance of the DNS, as opposed
> >>>> to the “ICANN community,” the multistakeholder supporting
> >>>> organizations and advisory committees that define how the DNS is
> >>>> managed through consensus-driven policymaking processes.
> >>>>
> >>>> <http://www.article19.org <http://www.article19.org/>>
> >>>>
> >>>>
> >>>> _______________________________________________
> >>>> cc-humanrights mailing list
> >>>> cc-humanrights at icann.org <mailto:cc-humanrights at icann.org>
> >>>> https://mm.icann.org/mailman/listinfo/cc-humanrights <https://mm.icann.org/mailman/listinfo/cc-humanrights>
> >>>
> >>> _______________________________________________
> >>> cc-humanrights mailing list
> >>> cc-humanrights at icann.org <mailto:cc-humanrights at icann.org>
> >>> https://mm.icann.org/mailman/listinfo/cc-humanrights <https://mm.icann.org/mailman/listinfo/cc-humanrights>
> >>>
> >>
> >> _______________________________________________
> >> cc-humanrights mailing list
> >> cc-humanrights at icann.org <mailto:cc-humanrights at icann.org>
> >> https://mm.icann.org/mailman/listinfo/cc-humanrights <https://mm.icann.org/mailman/listinfo/cc-humanrights>
> >
> 
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