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My apologies for missing the call, I had an unexpected event here.
<br>
I would be happy to help with final edits, as I expect there were
more revisions suggested on the call. I am ccing Kathy as I am not
sure whether you have added her to the list as yet.<br>
Kind regards, Stephanie P<br>
<div class="moz-cite-prefix">On 2015-05-29 8:46, zalnieriute .
wrote:<br>
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<div dir="ltr">Dear All,
<div><br>
</div>
<div>Would it be fine if I address Marianne's and Gabrielle's
comments into the document first, and then we give to
Stephanie for grammatical edits she promised in an earlier
e-mail? </div>
<div><br>
</div>
<div>Let me know as we dont want to have several parellell
versions at the same time,</div>
<div><br>
</div>
<div>Best wishes,</div>
<div><br>
</div>
<div>Monika</div>
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<div class="gmail_extra"><br>
<div class="gmail_quote">On Thu, May 28, 2015 at 6:15 PM,
Marianne Franklin <span dir="ltr"><<a
moz-do-not-send="true"
href="mailto:m.i.franklin@gold.ac.uk" target="_blank">m.i.franklin@gold.ac.uk</a>></span>
wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0
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<div bgcolor="#FFFFFF" text="#000000"> Dear all<br>
<br>
Just wanted to say hello, rather late into this really
interesting and productive conversation on this CCWP for
ICANN. The thread was quite long and substantial so have
had to take time to get up to speed; nothing like a long
train-ride to enable that!. <br>
<br>
Being relatively new to ICANN at this level of work, it is
quite encouraging to see how far this work has gone.<br>
<br>
I have not much to add in terms of the discussions around
the title of the document, and also the symbolic and
legally substantive issues around Human Rights as
enshrined in international law and CSR. All the points
raised are for a non-expert make sense. <br>
<br>
A couple of comments if I may though on the document as it
is readied for circulation to the iCANN community; based
on reading the penultimate draft but hopefully still
relevant for the final tweaks, and future references. <br>
<br>
1) The revised preamble/framing of this initiative for
ICANN folk: this works pretty well now as long as there
remains room for eventual inclusion of later human rights
treaties and covenants that tend to drop off the list e.g.
those on disability, the rights of women, rights of
children etc. ICANN may want to, at this very early stage,
restrict its thinking to privacy and freedom of
expression, or focus on consumer rights at the expense of
more inclusive human rights norms and keep stipulating
this, particularly in terms of consumer rights and CSR
frameworks. Nonetheless, revising this project in a way
that continues to more inclusive is in the long term the
right way to go even if there may be push-back:
international human rights law and norms do not stop with
the ICCPR and ICESCR, and norms change slowly over time as
do legal instruments such as the UN Bill of Rights .... :)
. <br>
<br>
a) So moving from there to the current introduction; where
a clear distinction is made between protecting and
respecting human rights. This makes sense so do make sure
that the remaining references to 'protecting' human rights
are redacted later in the document (e.g. page 18). <br>
<br>
b) That said and recalling point 1 above, the strong
emphasis on how this initiative will only
acknowledge"human rights content [that] is limited to
internationally recognized human rights..." (page 8)
strikes me as a bit too restrictive in that international
recognition of the full range of human rights instruments
that have been put in place since the UDHR varies across
these treaties and covenants. <br>
<br>
This prominent place given to limitations and restrictions
on which human rights instruments will be taken on board,
even if for strategic purposes, This could in the future
put this whole initiative on to the back foot as these
"later" human rights instruments become relevant to
ICANN's work. <br>
<br>
I am not a legal expert nor scholar of international human
rights law but could this second limitation on page 8
perhaps be rephrased to accommodate just these nuances and
in way that does not scare the horses (so to speak) but
also does not shut the door for future developments. Not
sure how to rephrase this but something like "human rights
content refers specifically to recognized international
human rights law and norms....."<br>
<br>
2) The latter point affects what follows in the document
and how different stakeholders will respond: So If I could
just make one longer comment on the current text in light
of comments related to the IRPC Charter. And, as some of
you know, what comes next is from the point of view of the
work of the IRP Coalition and its Charter of Human Rights
and Principles of the Internet. This is mentioned, and
referenced on page 12; <br>
<br>
It was suggested that the IRPC Charter does not have the
requisite status because some of its Clauses "fall below
international standards". The legal point - and ensuing
debates - raised here notwithstanding (which Gabrielle
provided for the IRPC Charter review at the 2014 IGF so
they are well taken), I would like to note that seeing the
IRPC Charter given its due place in the final draft
confirms that these reservations need not preclude mention
of the IRPC Charter in the context of this new opening for
ICANN. <br>
<br>
This is because whatever the verdict on its content at
present may be (Version 1.1) in the ICANN work the IRPC
Charter is being rightly attributed its role as a
foundational framework for thinking about human rights
(broadly defined) within the more technically focused IG
spaces - within and beyond ICANN. This is because it is
arguably the first document that takes international law
seriously as well as those more ethical though less
legally rigorous positions advocated in civil society
spaces i.e. the IRPC Charter links human rights (in toto)
obligations for states to those articulated for
corporations through CSR undertaking. For this reason
alone it deserves this mention. <br>
<br>
What do I mean here? The critical points about some parts
of the IRPC Charter referring to emerging rather than
existing rights reach back to the earliest days of the
IRPC Charter drafting process back in 2009; a period of
starting out that saw discussions not unlike the ones we
have had on this thread for the ICANN application of human
rights in its work 5-6 years, and several UN resolutions
etc, later. But even with these imperfections the IRPC
Charter, in its own terms a "living document" (taking its
cue from the UDHR) is a formative part of the ethical and
legal landscape in which this ICANN-based initiative has
emerged. <br>
<br>
So good to see that the IRPC Charter reference is still
there though could I suggest the following revision of
this paragraph on page 12 for accuracy: <br>
<br>
"Within the framework of the Internet Governance Forum,
the Internet Rights & Principles Coalition was created
in 2009 with the mission “to make rights on the
Internet and their related duties, specified from the
point of view of individual users, a central theme of the
internet governance debate held in the IGF context". In
2010-11 the Internet Rights & Principles Coalition
developed its Charter of Human Rights and Principles for
the Internet, distilling its 21 clauses into 10 Rights and
Principles for the Internet based on international human
rights laws and norms.."<br>
<br>
3) A minor editing point: Page 12, note 29 is incomplete
so a minor edit could be "The IRPC Charter is available,
in booklet form, in 8 languages, at <a
moz-do-not-send="true"
href="http://internetrightsandprinciples.org/site/"
target="_blank">http://internetrightsandprinciples.org/site/</a>"<br>
<br>
4) And on fiddly things like spelling and typos: Other
edits too are needed to have consistent spelling (US or UK
Spelling) and there are still some typos still need
correcting. <br>
<br>
5) On Stephanie's points about human rights scaring
people; too true. So all the more reason for this
initiative in ICANN to take courage; they scare not only
the very states that are supposed to uphold them and in so
doing protect their citizens, by law and in principle, but
also powerful corporations, and ICANN is one, who too
often fudge fundamental freedoms under CSR waffle or step
back from "respecting" human rights in deed as well as
words by appealing to the limits set on them by various
sorts of national jurisdictions.. :) <br>
<br>
Will try and make the upcoming call tomorrow. Thanks Niels
for all this great text-shepherding work.<br>
<br>
best wishes<br>
Marianne F
<div>
<div class="h5"><br>
<br>
<div>On 27/05/2015 16:32, Niels ten Oever wrote:<br>
</div>
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<div class="h5">
<pre>Hi all,
For your information, please find the comments from Gabrielle attached.
Would be great to see the comments from Stephanie as well.
If we want to make this a product of the CCWP, it would be great to have
a bit more people.
Also happy to discuss this at our call on Friday.
Best,
Niels
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<pre cols="72">--
Marianne Franklin, PhD
Professor of Global Media and Politics
Convener: Global Media & Transnational Communications Program
Goldsmiths (University of London)
Department of Media & Communications
New Cross, London SE14 6NW
Tel: <a moz-do-not-send="true" href="tel:%2B44%2020%207919%207072" value="+442079197072" target="_blank">+44 20 7919 7072</a>
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-- <br>
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<div dir="ltr">
<div
style="color:rgb(0,0,0);font-family:Calibri,Arial,Helvetica,sans-serif"><font
color="#808080" face="Helvetica, sans-serif" size="1">Dr.
Monika Zalnieriute</font></div>
<div
style="color:rgb(0,0,0);font-family:Calibri,Arial,Helvetica,sans-serif">
<div><font color="#808080" face="Helvetica, sans-serif"
size="1">Centre for Internet & Human Rights</font></div>
<div><font color="#808080" face="Helvetica, sans-serif"
size="1">European University Viadrina</font></div>
<div><font color="#808080" face="Helvetica, sans-serif"
size="1">Mittelweg 50, 12053 Berlin, Germany </font></div>
<div><font color="#808080" face="Helvetica, sans-serif"
size="1">e-mail: <a moz-do-not-send="true"
href="mailto:monika.zalnieriute@eui.eu"
target="_blank">monika.zalnieriute@eui.eu</a></font></div>
<div><font color="#808080" face="Helvetica, sans-serif"
size="1"><a moz-do-not-send="true"
href="https://cihr.eu/" target="_blank">https://cihr.eu</a></font></div>
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