[WP2] Mission, Commitments and Core Values REVISED for discussion tomorrow am
David Post
david.g.post at gmail.com
Tue Jul 14 14:08:45 UTC 2015
I would only reiterate that it's really important
that these additional obligations NOT be
available to the Board as justification for
acting outside of the narrow confines of the
Mission Statement. That is, we don't want to be
in the position where the Board can take some
action outside the Mission - e.g., implementing
some policy that was not "developed through a
bottom-up, consensus-based multistakeholder
process" - and, if challenged, say something
like: "Yes, but we're acting in furtherance
of one of our other obligations, such as our
obligation to see that "business entities . . .
comply with all applicable laws and respect human
rights," or our obligation to implement the UN's
"Respect, Protect, and Remedy" framework." That
would severely weaken, in my opinion, the force of the Mission statement.
David
At 12:48 AM 7/14/2015, Avri Doria wrote:
>On 14-Jul-15 00:27, Avri Doria wrote:
> > Hi,
> >
> > In his comment 100 Willie Currie raised the issue of enshrining freedom
> > of expression in the in the core values.
> >
> > In comment 123 NCSG worte: "We support the addition of respect for Human
> > rights to the core values and support the addition of an obligation for
> > human rights impact analyses for ICANN decisions to the mission. NCSG
> > has consistently recommended that ICANN adopt the “Respect, Protect, and
> > Remedy” framework which was developed for private corporations" this is
> > the framework documented by the UN called *in Guiding Principles on
> > Business and Human Rights *<
> >
> *http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>*
> >
> >
> > These Guiding Principles are grounded in recognition of:
> >
> > (a) States’ existing obligations to respect, protect and fulfil*l* human
> > rights and fundamental freedoms;
> >
> > (b) The role of business enterprises as specialized organs of society
> > performing specialized functions, required to
> comply with all applicable laws and to respect human rights;
> >
> > (c) The need for rights and obligations to be
> matched to appropriate aeffective remedies when breached
>
> > I argue that we need to add something to our next version to take these
> > comment into account.
> >
> > I suggest a final core value that reads:
> >
> > Work to ensure that ICANN respects human right obligations, accounts for
> > impact on human rights in policy creation, and adheres to the "Respect,
> > Protect and Remedy" framework developed by the UN.
> >
> > I am not recommending that we enumerate specific rights, for example
> > freedom of expression as it is included among the set of indivisible
> > rights that make up the International Bill of Rights established by the
> > UDHR, the CSPR, and the CESPR.
>
>the second should be CCPR - Covenant on civil and political rights
>the last should be CESCR - Covenant on economic social and cultural rights.
>
>my autocorrection should know better considering how much I write these.
>
>
> >
> > thanks
> >
> > avri
> >
> >
> >
> > On 13-Jul-15 11:43, Avri Doria wrote:
> >> Hi,
> >>
> >> I have to run a few pre trip errands now, but will write up the song a
> >> little later.
> >>
> >> During today's meeting, I was searching for the right place to mention
> >> this, but never quite found the spot. I think acknowledgement of our
> >> commitment to human rights and to understand the ongoing impact we make
> >> on them is something important that needs to be included in mission
> >> and/or core values. It was also included in some of the comments we
> >> got. Those human rights are one of the foundations for any notion of
> >> global public interest and one of the realities that we need to grapple
> >> with in our BUMPs (bottom up multistakeholder processes). What I need to
> >> think about is how to state it in a manner that does not offend or
> >> otherwise put people off.
> >>
> >> avri
> >>
> >>
> >> On 13-Jul-15 10:42, Burr, Becky wrote:
> >>> Can you hum a few more bars on the third point?
> >>>
> >>> J. Beckwith Burr
> >>> Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
> >>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
> >>> Office: + 1.202.533.2932 Mobile: +1.202.352.6367 /
> >>> becky.burr at neustar.biz / www.neustar.biz
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> On 7/12/15, 4:17 PM, "Avri Doria" <avri at acm.org> wrote:
> >>>
> >>>> Hi,
> >>>>
> >>>> At first reading I can accept most of it but have 3 comments:
> >>>>
> >>>> - if forced to choose between [support] and [coordinate] I would choose
> >>>> to say [support and coordinate].
> >>>>
> >>>> - I found the use of
> >>>>> undue expense
> >>>> in the last line, problematic as how do we determine which expense to a
> >>>> SG is due. What does that mean?
> >>>>
> >>>> - perhaps I am missing it, but I thought we had a commitment to respond
> >>>> to some of the comments about not only include adherence to human rights
> >>>> treaties and conventions, but that in support of that mission we
> >>>> endevored to include understanding the impact of our policies on those
> >>>> rights.
> >>>>
> >>>> Thanks for the edits.
> >>>>
> >>>> avri
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>> On 12-Jul-15 15:35, Burr, Becky wrote:
> >>>>> I¹ve made the changes we discussed but there are a couple we need to
> >>>>> work through and I would like to see if we have support for the
> >>>>> revised balancing
> >>>>>
> >>>>>
> >>>>> J. Beckwith Burr
> >>>>>
> >>>>> *Neustar, Inc. /* Deputy General Counsel and Chief Privacy Officer
> >>>>>
> >>>>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
> >>>>>
> >>>>> Office: + 1.202.533.2932 Mobile:
> >>>>> +1.202.352.6367 / becky.burr at neustar.biz
> >>>>> <mailto:becky.burr at neustar.biz> / www.neustar.biz
> >>>>>
> >>>>>
> >>>>>
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*******************************
David G Post - Senior Fellow, Open Technology Institute/New America Foundation
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