[cc-humanrights] CCWP-Human Rights Action areas

[Raphaël BEAUREGARD-LACROIX]

Dear all,

I would like to suggest a refinement regarding where our work could be
headed, for the workgroup in general and more precisely for this paper.

Considering the wording of the HR bylaw (here for your convenience, with my
emphasis):

*In performing its Mission, the following "Core Values" should also guide
the decisions and actions of ICANN:*

*(viii) Subject to the limitations set forth in Section 27.2, within the
scope of its Mission and other Core Values, respecting internationally
recognized human rights as required by applicable law. This Core Value does
not create, and shall not be interpreted to create, any obligation on ICANN
outside its Mission, or beyond obligations found in applicable law. This
Core Value does not obligate ICANN to enforce its human rights obligations,
or the human rights obligations of other parties, against other parties.*

I think it would make sense to consider "applicable law" as, more
precisely, how HR enforcement or operationalisation by governments
(including EU here) may affect ICANN's operations (which also include its
community "activities" like PDPs)

This in my view would be interesting, given that human rights are first and
foremost a legal relation between states and individuals and impose duty on
states. That does not mean that HRs are not relevant to ICANN, on the
contrary! By virtue of what ICANN "does", there may be interference, and
there actually is, when we consider the GDPR, for example.

Even if we were to adopt a very strict reading of the law applicable to
ICANN, its operations and the activities of the community (i.e. US Federal
and California law only, disregarding offices abroad), because such
operations and activities are likely to have "effects" anywhere in the
world, someone, somewhere (anywhere!) could raise a HR entitlement to its
government against ICANN. Again, this is very visible in the case of the
GDPR.

I obviously am volunteer to spell out this refinement more precisely, but I
look forward to cooperating with any of you! I am also looking forward to
reading your comments on this idea.

Best,

Raphael

2018-05-03 18:21 GMT+02:00 Michael Karanicolas <mkaranicolas at gmail.com>:

> Hi,
>
> Thanks to all of you who were able to join us today - we had great turnout
> and a great discussion. Our action items are as follows:
>
>    - Incorporate the very helpful suggestions made for our GNSO HRIA
>    model, and take the discussion to the lists for further input.
>    - Human Rights in Ongoing PDPs Paper
>    <https://docs.google.com/document/d/1RCJCQLvz_pc9IzCcczFntwPd005WYcjiHwv3uFKpbuI/edit>:
>    Several people have kindly volunteered to assist on this paper.
>       - Next steps: Targeted interviews with people familiar with PDPs at
>       RightsCon in May or ICANN62 in June. David McAuley and Ayden Férdeline have
>       volunteered to speak to PDPs they are familiar with. Any other volunteers?
>       - Refining the paper based on this information. Raphael and Ines,
>       could you assist with this stage?
>    - Monitor developments with regard to an ePDP for the GDPR and/or for
>    the RDS, and if and when those move forward we should aim to demo an HRIA
>    in the early stages.
>    - Next meeting scheduled for early June (June 1).
>
> Best wishes,
>
> Michael and Collin
> Co-Chairs
>
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>
>


-- 
Raphaël Beauregard-Lacroix
LinkedIn
<https://www.linkedin.com/in/rapha%C3%ABl-beauregard-lacroix-88733786/> -
@rbl0012 <https://twitter.com/rbl0112>
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