[Ws2-hr] Fwd: Input from SSAC to the WG on Human Rights

Tue Mar 14 16:15:11 UTC 2017

Hi Paul,

That's surprising because the mail went to the list:
https://mm.icann.org/pipermail/ws2-hr/2017-March/thread.html

As you can see in the considerations document this point has been
carefully and extensively addressed in the Considerations document, and
we also discussed this extensively on the list and on calls.

But all you concerns and suggestions vis a vis that document are of
course more than appreciated here on the list and on the upcoming call.

Best,

Niels

On 03/14/2017 04:42 PM, Paul Twomey wrote:
> Hi Neils
> 
> I did not receive your earlier email.
> 
> But yes ICANN does have a range of agreements with ccTLDs. About 86 of
> them.
> 
> See: https://www.icann.org/resources/pages/cctlds/cctlds-en
> 
> I have to say I am a bit shocked that you asked me this question.  I
> think it is very important that this group needs to be expertly advised
> on the day to day operations of ICANN's core functions, or else we run
> the risk of putting forward a "theoretical" set of recommendations which
> when examined by the members of the SOs and ACs and/or the board will be
> rejected as putting existing operations at undue risk.
> 
> Paul
> 
> 
> On 3/14/17 4:06 AM, Aikman-Scalese, Anne wrote:
>> Thank you Niels.  I am planning to attend this session.  I spoke with
>> Patrik last night.  His explanation was a bit different in terms of
>> the limited scope of ICANN's mission.  Tatiana also heard this
>> explanation and may have comment.  However, Patrik emphasized that
>> someone from SSAC would be present at the NCSG meeting on Human Rights
>> mentioned to explain the SSAC letter and why it comes before an FOI
>> being published by the CCWG-Accountability.
>>
>> Anne
>>
>> Anne E. Aikman-Scalese
>> Of Counsel
>> 520.629.4428 office
>> 520.879.4725 fax
>> AAikman at lrrc.com
>> _______________________________
>>
>> Lewis Roca Rothgerber Christie LLP
>> One South Church Avenue, Suite 700
>> Tucson, Arizona 85701-1611
>> lrrc.com
>> -----Original Message-----
>> From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On
>> Behalf Of Niels ten Oever
>> Sent: Monday, March 13, 2017 8:12 AM
>> To: Paul Twomey
>> Cc: ws2-hr at icann.org
>> Subject: Re: [Ws2-hr] Fwd: Input from SSAC to the WG on Human Rights
>>
>> Hi Paul,
>>
>> As far as I know ICANN does not have contracts with ccTLDs, right?
>>
>> In any case, I would like to invite everyone to a session of the CCWP
>> HR * coming Wednesday March 15 at 17:00 (CEST) ** where both SSAC and
>> an expert on Human Rights Impact Assessment from the Danish Institute
>> for Human Rights will be present, so that might be an interesting
>> venue to discuss.
>>
>> Best,
>>
>> Niels
>>
>> * Cross Community Working Party on ICANNs Corporate and Social
>> Responsibility to Respect Human Right
>> ** https://schedule.icann.org/event/9nmu/gnso-ncsg-icann-human-rights
>>
>> On Mon, Mar 13, 2017 at 10:43:14AM -0400, Paul Twomey wrote:
>>> Yes Neil.   But think of how does ICANN do a Human Rights Impact
>>> Assessment
>>> on an agreement with a new ccTLD operator in a non-democratic (or even
>>> democratic) country?    ICANN is not the UN Human Rights Council.  
>>> It would
>>> be explosive.
>>>
>>>
>>> On 3/13/17 10:38 AM, Niels ten Oever wrote:
>>>> Hi Paul,
>>>>
>>>> Thanks for your response. Reply inline:
>>>>
>>>> On 03/13/2017 03:32 PM, Paul Twomey wrote:
>>>>> Dear Niels
>>>>>
>>>>> I note the SSAC report.   I worry again that its recommendation
>>>>> language
>>>>> calling for a Human Rights Impact Assessment,
>>>>>
>>>>> Microsoft Word -
>>>>> SAC0XX_SSAC_Input_to_CCWG-Acc_WS2_Human_Rights_v1.1-CLEAN.docx
>>>>>
>>>>> "A Human Rights Impact Assessment4 is a process for systematically
>>>>> identifying, predicting and responding to the potential human
>>>>> rights impacts of business operations, policies, or agreements."
>>>>>
>>>>> has the possible consequence of inadvertantly trying to impose
>>>>> human rights tests on agreements in the IANA function, especially
>>>>> as they may
>>>>> apply to agreements (written or explicit) with ccTLD operators.   As I
>>>>> have said consistently in this process, this could be extremely
>>>>> damaging
>>>>> on the operations and global acceptance of the IANA function.  
>>>>> Hence my
>>>>> concern about certain sections of the Ruggie Principles being
>>>>> applied to ICANN - ICANN does not have the luxury of choosing
>>>>> which parts of the world it may or may not serve.
>>>>>
>>>>> First and foremost, the first right of humans we need to protect
>>>>> is having access to an Internet that is global and operates 7x24.
>>>>>
>>>> Isn't that exactly what the SSAC letter says in the first paragraph
>>>> (as well as the Core Value, and the Framework of Interpretation) ?
>>>>
>>>> Best,
>>>>
>>>> Niels
>>>>
>>>>
>>>>> Best
>>>>>
>>>>> Paul
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On 3/13/17 9:12 AM, Niels ten Oever wrote:
>>>>>> Dear all,
>>>>>>
>>>>>> Please find attached the letter we received from SSAC.
>>>>>>
>>>>>> All the best,
>>>>>>
>>>>>> Niels
>>>>>>
>>>>>>
>>>>>> -------- Forwarded Message --------
>>>>>> Subject: Input from SSAC to the WG on Human Rights
>>>>>> Date: Mon, 13 Mar 2017 03:12:11 +0100
>>>>>> From: Patrik Fältström <paf at netnod.se>
>>>>>> To: Niels ten Oever <niels at article19.org>
>>>>>> CC: SSAC <ssac at icann.org>, Human Rights
>>>>>> <cc-humanrights at icann.org>
>>>>>>
>>>>>> Niels,
>>>>>>
>>>>>> As chair of the Security and Stability Advisory Committee, one
>>>>>> of the chartering organizations of the CCWG on Accountability,
>>>>>> we would like to submit the attached comments as fruit for thought
>>>>>> for the discussions.
>>>>>>
>>>>>> Best,
>>>>>>
>>>>>>      Patrik Fältström
>>>>>>      Chair of the SSAC
>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> Ws2-hr mailing list
>>>>>> Ws2-hr at icann.org
>>>>>> https://mm.icann.org/mailman/listinfo/ws2-hr
>>>>> -- 
>>>>> Dr Paul Twomey
>>>>> Managing Director
>>>>> Argo P at cific
>>>>>
>>>>> US Cell: +1 310 279 2366
>>>>> Aust M: +61 416 238 501
>>>>>
>>>>> www.argopacific.com
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> Ws2-hr mailing list
>>>>> Ws2-hr at icann.org
>>>>> https://mm.icann.org/mailman/listinfo/ws2-hr
>>>>>
>>> -- 
>>> Dr Paul Twomey
>>> Managing Director
>>> Argo P at cific
>>>
>>> US Cell: +1 310 279 2366
>>> Aust M: +61 416 238 501
>>>
>>> www.argopacific.com
>>>
>>> _______________________________________________
>>> Ws2-hr mailing list
>>> Ws2-hr at icann.org
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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
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