[Wp4] Fwd: Re: [] Variety of formulation for Human Rights bylaw that were made. - corrected

Niels ten Oever lists at digitaldissidents.org
Fri Aug 7 08:44:08 UTC 2015 

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Hi Greg,

Thanks for this. I think many of these issues can be relatively simple
resolved.

Underlying documents to human rights:

- - Universal Declaration of Human Rights
- - International Covenant on Civil and Political Rights

These have been agreed upon by practically all states and are inherent
part of the body of international law. I don't think we would need to
re-discuss their validity, universality or applicability here.

I also don't think that a detailed discussion of the actual
implementation of this work needs to be discussed here. Detailed
implementation of policy does not belong in the bylaws.

If you want to read more about it, I think the reports that Article19
produced for the CCWP on ICANNs Corporate and Social Responsibility to
Respect Human Rights could be a good starter. [0] As well as of course
the UN Guiding Principles for Business and Human Rights [1] and the
ICT Sector Guide on Implementing the UN Guiding Principles on Business
and Human Rights [2].

This is not something that we are reinventing here, but a practice
that many companies have already adopted, look for instance at Cisco
[3][4].

Best,

Niels


[0] tinyurl.com/cchumanrights
[1] http://business-humanrights.org/en/un-guiding-principles
[2]
http://www.ihrb.org/pdf/eu-sector-guidance/EC-Guides/ICT/EC-Guide_ICT.pd
f
[3]
http://csr.cisco.com/cdnorigin/media/documents/Human-Rights_129973805781
330000.pdf
[4] http://www.cisco.com/assets/csr/pdf/CSR_Report_2014.pdf


On 08/06/2015 11:35 PM, Greg Shatan wrote:
> In terms of next steps, here is a list I put in an email about a
> week ago, slightly adapted for the current context.
> 
> * study/analysis/discussion of the underlying documents (treaties, 
> conventions, guidelines, standards, etc.) (which in turn requires 
> determining which documents are relevant -- there have been
> several helpful suggestions but that can't automatically be taken
> as exhaustive or on-target), o understanding the rights put forth
> in these documents ​(​ and ​any other rights ​ put forth ​as human
> rights in the WG)​ , o understanding whether all rights under
> discussion are in fact "human rights", o ​understanding how these
> rights may interact and be balanced amongst themselves,​
> 
> * understanding how these rights relate to and interact with
> ICANN's mission and activities, o ​understanding how these rights
> interact with other rights and obligations in play at ICANN
> (including the range of possible outcomes of such interactions and
> how these interactions would take place and be resolved in the
> ICANN framework), o understanding how these rights interact with
> ICANN's existing obligations under US federal, state and local laws
> and regulations (some of which embody, in differing fashions and 
> degrees, relevant international treaties and conventions) o ​ how
> this relates (if at all) to ICANN's Corporate Social Responsibility
> and what efforts have been made or need to be made in that regard ​
> ,​ * ​find out ​ how other organizations similar to ICANN ​ (e.g.,
> I* organizations)​ have dealt with these issues, * determining ​
> which Bylaws amendment is the most appropriate outcome relating to
> this issue (and noting that various proposals have been floated in
> recent weeks), * understanding the interaction between such an
> amendment and other ​B ylaws and the Articles of Incorporation, and
> other normative and operative ICANN documents, * ​ determining what
> efforts may need to take place ​ and what groups may need to be
> formed​ as a result of ​a Bylaw ​ amendment (including without
> limitation PDP (or non-PDP) GNSO Working Groups or Cross-Community
> Working Groups ​)​ ​,​ ​ ​ * ​ understanding and integrating with
> other efforts taking place in and around ICANN (GAC WG, "Working
> Party"), * what an "impact analysis" would entail (who, when, how,
> what criteria, what deliverable, what scope, what triggers, etc.),
>  * whether there are other "impact analyses" that should also be
> put in place at this time or which are already in place, * what the
> result, effects and consequences (intentional and unintentional) of
> various impact analysis outcomes would be (either on present policy
> and implementation, on future policy and implementation and on
> other ICANN activities).
> 
> ​I think the last 4 points can be left to WS2.​ For the rest, we'll
> need to balance work in WS1 vs. WS2, but I think each requires some
> work in WS1 to have a framework of understanding the meaning and
> consequences of a Bylaws amendment, and to determine the best way
> forward in WS1.  A number of these could (and probably should)
> generate (or be recast as) "Stress Tests."
> 
> This is very much a first draft (or 1.1, since I did revisit it
> once), so further contributions and revisions are welcomed.
> 
> Greg
> 
> 
> On Thu, Aug 6, 2015 at 4:17 PM, Greg Shatan
> <gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com>> wrote:
> 
> Nope.  Nothing hidden and nefarious here.  I'll leave that to this 
> guy: Greg Satan Twitter Page <https://twitter.com/GregShatan>
> 
> On Thu, Aug 6, 2015 at 3:52 PM, Dr Eberhard W Lisse <el at lisse.na 
> <mailto:el at lisse.na>> wrote:
> 
> Avri,
> 
> same tactics as usual.
> 
> Not unexpected.
> 
> 
> el
> 
> -- Sent from Dr Lisse's iPad mini
> 
> On Aug 6, 2015, at 20:44, Greg Shatan <gregshatanipc at gmail.com 
> <mailto:gregshatanipc at gmail.com>> wrote:
> 
>> Avri,
>> 
>> You are certainly entitled to express yourself, and I look 
>> forward to a robust and productive discussion.  Again, there is
>> no intention to obfuscate.  The intention is to clarify, which I
>> believe will build a stronger consensus.
>> 
>> Greg
>> 
>> On Thu, Aug 6, 2015 at 3:38 PM, Avri Doria <avri at acm.org 
>> <mailto:avri at acm.org>> wrote:
>> 
>> Hi,
>> 
>> Freedom of expression allows me to object to the statements you
>> make. I asked nicely, with a please even.  I did not attempt to 
>> regulate you speech.
>> 
>> I am objecting to what I perceive to be tactics to obfuscate and
>> make things seem hidden and nefarious. That too is freedom of
>> expression.
>> 
>> avri
>> 
>> 
>> On 06-Aug-15 15:34, Greg Shatan wrote:
>>> I really don't think using a 500 year old colloquialism
>>> "cheapens the discussion."  I also find it ironic to find this
>>> admonition in a discussion about, inter alia, freedom of
>>> expression.  Political correctness, trigger words, and other
>>> such stuff are a not inconsequential threat to freedom of
>>> expression and freedom of ideas -- starting with a kernel of
>>> good intentions, and then becoming quite damaging....
>>> 
>>> On Thu, Aug 6, 2015 at 3:05 PM, Avri Doria <avri at acm.org
>>> <mailto:avri at acm.org> <mailto:avri at acm.org
>>> <mailto:avri at acm.org>>> wrote:
>>> 
>>> 
>>> 
>>> On 06-Aug-15 14:28, Greg Shatan wrote:
>>>> Otherwise, we are just buying a pig in a poke.
>>> 
>>> 
>>> I really have trouble with such a reference to human rights. 
>>> Please do not cheapen this discussion.
>>> 
>>> avri
>>> 
>>> 
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- -- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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