[WP2] Mission, Commitments and Core Values REVISED for discussion tomorrow am
Avri Doria
avri at acm.org
Tue Jul 14 18:22:28 UTC 2015
Hi,
Also, I sort of disagree with them being additional obligations.
The obligation to human rights is fundamental in serving the public
interest. The only difference is being specific about mentioning them
in the Core Values for those who do not know we already have these
obligations.
avri
On 14-Jul-15 10:08, David Post wrote:
>
> 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 <http://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 <mailto:becky.burr at neustar.biz>>
>> / www.neustar.biz <http://www.neustar.biz/>
>> >>>>>
>> >>>>>
>> >>>>>
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