[Wp4] New report on ICANN and Human Rights

Niels ten Oever lists at digitaldissidents.org
Mon Oct 26 16:34:16 UTC 2015 

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Hi Paul,

I'm sorry for responding this late. Please find my response inline:

On 10/20/2015 04:09 AM, Paul Twomey wrote:
> Niels
> 
> I am again confronted with the challenge of understanding exactly
> what these broadly stated proposals mean.
> 

We did our best to be precise, but maybe we haven't sufficiently
succeeded. Could you please point our which proposals or
recommendation (in the report) you mean with 'these broadly stated
proposals'?

> Does your paper just refer to the process within ICANN of creating 
> policy - or does it apply to the application of that policy?
> 

As the paper described, a human rights review could be part of the
Policy Develop Process. But to have a full human rights report, the
impact of ICANN's policies and operations should be assessed.

> For instance, concerning specific ICANN necessary functions would
> you be able to tell me how the process recommended in this paper
> would apply to the GAC principles on redelgation of ccTLDs or the
> ccNSO process which has been underway on redelgations?  These are
> both products of policy making processes.
> 

The report recommends a way forward, based on international best
practices, for creating a human rights policy, the content of the
policy and how it would be implemented is of course up for discussion
in an appropriate process.

> Does it mean that freedom of expression has to be an overriding 
> principle in these cases - and if so how do you see
> operationalizing that?

I don't think this was mentioned or implied anywhere in the report.
Rights need to be balanced, the challenge is to come up with a
framework to do this in the best way.

> If a government, operating clearly under its laws, requests the 
> redelegation of ccTLD from one body to another because the new law 
> empowers the government to get information about domain name
> registrants from the new body and to order the new body to remove
> registrations on instructions from the government  (I know of at
> least 2 examples just like this happening in the last 10 years) and
> if such a request is consistent with the GAC principles etc, it
> seems to me that your paper implies that ICANN would be required to
> either deny this request or require that the existing policy
> processes be changed.
> 
> Have I got it right?  Or is it just that in the policy development 
> process all who wanted to participate had the freedom to express
> their views?
> 

The latter is the case.

> Please understand that I also think that we should try to hold
> ICANN to human rights standards but I remain concerned that as soon
> as the Ruggles Principles emerge as the answer I keep finding
> related party issues which could really destabilize the whole ICANN
> mission.
> 

Am very happy to discuss this with you, you mentioned this before, but
I am still a bit unclear which part of the Ruggie principles could
potentially destabilize ICANN.

> The bottom line is that ICANN has to support EVERY ccTLD and TLD 
> operator if we are going to have a single interoperable Internet.
> It is not like a business - a business can agree not to do business
> in a particular country.   ICANN will not be able to do so and
> fulfill its mission.

I think it is crucial for an organization to know and show where there
are (risk for) human rights abuses in relation to their operations and
think about ways how these can be re-mediated or improved upon, this
by no way automatically means that ICANN cannot do x or y or engage
with a specific country or business.

There are also other bodies that have done this, such as the
International Bar Association.

> 
> I look forward to your response.
> 

Again, sorry for the late reply, am looking forward to your thoughts.

Best,

Niels


> Best
> 
> Paul
> 
> 
> 
> On 10/19/15 9:26 PM, Niels ten Oever wrote: Dear Paul,
> 
> This was indeed meant to inform WP4 on the activity in the CCWP-HR
> and give an example of what the considerations and work in WS2
> might look like.
> 
> Looking forward to hear your comments and/or questions.
> 
> Best,
> 
> Niels
> 
> On 10/19/2015 09:10 AM, Avri Doria wrote:
>>>> Hi,
>>>> 
>>>> 
>>>> I think it is informational. Explains many of the things we
>>>> have been discussing.
>>>> 
>>>> It is the output of a parallel work effort and is meant to
>>>> inform.
>>>> 
>>>> avri
>>>> 
>>>> On 19-Oct-15 00:58, Paul Twomey wrote:
>>>>> Sorry Niels
>>>>> 
>>>>> I am not attending Dublin.   Can you please inform me how
>>>>> this document fits within the work of Working Party 4?
>>>>> 
>>>>> Paul
>>>>> 
>>>>> On 10/18/15 2:19 AM, Niels ten Oever wrote:
>>>>>> Dear WP4 members,
>>>>>> 
>>>>>> It's with great pleasure that I send you the the report 
>>>>>> prepared by the CCWP-HR on ICANN’s Corporate
>>>>>> Responsibility to respect Human Rights: Recommendations
>>>>>> for developing Human Rights Review Process and
>>>>>> Reporting.
>>>>>> 
>>>>>> The report will be presented and discussed during our
>>>>>> session on Wednesday October 21 at 9:00 in Wicklow MR5 or
>>>>>> via remote participation [0] for which you all have been
>>>>>> invited.
>>>>>> 
>>>>>> I trust this report will help further the discussion on
>>>>>> how ICANN can live up to its responsibility to respect
>>>>>> human rights.
>>>>>> 
>>>>>> Looking forward to discuss.
>>>>>> 
>>>>>> Best,
>>>>>> 
>>>>>> Niels
>>>>>> 
>>>>>> PS Feel free to spread the report widely. it can also be
>>>>>> found on the website of the CCWP-HR: 
>>>>>> https://tinyurl.com/cchumanrights
>>>>>> 
>>>>>> [0] 
>>>>>> https://meetings.icann.org/en/dublin54/schedule/wed-ccwp-human-ri
ght
>
>>>>>> 
s-morning
>>>>>> 
>>>>>> 
>>>>>> 
>>>>>> 
> _______________________________________________
>>>>>> Wp4 mailing list Wp4 at icann.org 
>>>>>> https://mm.icann.org/mailman/listinfo/wp4
>>>>> -- Dr Paul Twomey Managing Director Argo P at cific
>>>>> 
>>>>> US Cell: +1 310 279 2366 Aust M: +61 416 238 501
>>>>> 
>>>>> www.argopacific.com
>>>>> 
>>>>> 
>>>>> _______________________________________________ Wp4 mailing
>>>>> list Wp4 at icann.org
>>>>> https://mm.icann.org/mailman/listinfo/wp4
>>>> 
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>>>> _______________________________________________ Wp4 mailing
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>>>> 
> -- Niels ten Oever Head of Digital
> 
> Article 19 www.article19.org
> 
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- -- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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