[CCWG-ACCT] Human rights - way forward

Sat Aug 1 06:56:14 UTC 2015

On Fri, Jul 31, 2015 at 11:19 PM, Jordan Carter <jordan at internetnz.net.nz>
wrote:

> and I do not volunteer to participate on the subgroup, but I would like to
> be on the email list to see the conversation and learn more about the issue.
>

+1 like to have such status as well ;-)

Cheers!

>
> Jordan
>
>
> On 1 August 2015 at 05:15, Malcolm Hutty <malcolm at linx.net> wrote:
>
>> I share Paul's misgivings and support Keith's proposed qualification. And
>> volunteer for the subgroup.
>>
>> Malcolm.
>>
>>
>>
>> > On 31 Jul 2015, at 18:01, Paul Twomey <paul.twomey at argopacific.com>
>> wrote:
>> >
>> > +1
>> > I am sympathetic to the general thrust of the discussion, but I am
>> DEEPLY worried about anything which makes ICANN look like a place were
>> definitions of Human Rights and their application is discussed.   Knowing
>> how poisonous and constantly aggravating this is in the UN system, we may
>> end up inadvertently attracting a whole new set of diplomats into the GAC
>> which will risk GAC turning into a very divisive force in the ICANN
>> structure.   (Even in the UN, the Human Rights battles have resulted in one
>> UN entity being dismantled (almost unheard of in UN history) and another
>> established)  We really do not want to go down that path.   So keeping
>> within Mission and being very specific as to how some clear rights may
>> apply to specific things ICANN does (eg freedom of expression in gtld
>> string applications) will be useful.
>> >
>> > Paul
>> >
>> >> On 8/1/15 2:38 AM, James Gannon wrote:
>> >> I second Robins support.
>> >>
>> >> -James
>> >>
>> >> ________________________________________
>> >> From: accountability-cross-community-bounces at icann.org <
>> accountability-cross-community-bounces at icann.org> on behalf of Robin
>> Gross <robin at ipjustice.org>
>> >> Sent: 31 July 2015 17:37
>> >> To: Accountability Cross Community
>> >> Subject: Re: [CCWG-ACCT] Human rights - way forward
>> >>
>> >> I also support this key language from Keith.
>> >>
>> >> Thanks,
>> >> Robin
>> >>
>> >>> On Jul 31, 2015, at 8:48 AM, Izumi Okutani wrote:
>> >>>
>> >>> Many thanks to Co-Chairs for this suggestion on the way forward.
>> >>> I support the suggested approach.
>> >>>
>> >>>> It could also be added here:
>> >>>>
>> >>>> - this assessment and a firm commitment to add a human rights
>> related Commitment into Icann's Bylaws WITHIN ITS DEFINED MISSION
>> >>> I also support this suggestion from Keith.
>> >>>
>> >>>
>> >>> Izumi
>> >>>
>> >>>> On 2015/08/01 0:24, Drazek, Keith wrote:
>> >>>> Thanks to the Co-Chairs.
>> >>>>
>> >>>> I support this approach with one caveat. I expect this is already
>> understood but needs confirmation.
>> >>>>
>> >>>> Consistent with the CCWG discussions on the issue, when we present
>> the issue to the public, it must be made clear that any such bylaw
>> amendment is limited to ICANN's mission. It cannot be used as a tool to
>> expand ICANN's mission, now or in the future. Without this, we do NOT have
>> consensus to include the reference. I assume this would fit under the
>> proposed section:
>> >>>>
>> >>>> - the underlying requirements expressed during the debate,
>> >>>>
>> >>>> It could also be added here:
>> >>>>
>> >>>> - this assessment and a firm commitment to add a human rights
>> related Commitment into Icann's Bylaws WITHIN ITS DEFINED MISSION
>> >>>>
>> >>>> Thanks and regards,
>> >>>> Keith
>> >>>>
>> >>>>
>> >>>> On Jul 31, 2015, at 7:51 AM, Mathieu Weill <mathieu.weill at afnic.fr
>> <mailto:mathieu.weill at afnic.fr>> wrote:
>> >>>>
>> >>>> Dear Colleagues,
>> >>>>
>> >>>> As announced during our last call, the co-Chairs have reviewed where
>> we are on this issue. Our group is tasked to work on the basis of
>> consensus, and we have focused on assessing where this condition was met.
>> >>>>
>> >>>> It is our conclusion that :
>> >>>> 1) our group has achieved consensus on including a human rights
>> related Commitment in Icann's Bylaws.
>> >>>> 2) no particular wording currently proposed achieved consensus.
>> >>>>
>> >>>> As a consequence, we propose to include into the public comment 2
>> report (in the Mission & Core value section, a draft is included below)
>> >>>> - this assessment and a firm commitment to add a human rights
>> related Commitment into Icann's Bylaws,
>> >>>> - the underlying requirements expressed during the debate,
>> >>>> - the concrete language proposals that were considered by our group
>> so far, as examples
>> >>>>
>> >>>> Finally, given the strong momentum on the issue, both during the
>> meeting and on list before and after, and taking into account the high
>> level of complexity involved, we suggest to kick off ASAP a subgroup to
>> further refine the requirements and assess potential options based on
>> further studies of the current situation and "agreed-on" language.
>> >>>>
>> >>>> We thank you all for your understanding and commitment on this
>> topic, as well as the extensive discussions both on list and during the
>> calls about this.
>> >>>>
>> >>>> As a reminder, Minority statements filed until Saturday 12.00 UTC
>> will be incorporated into the report to be published on Monday. Statements
>> filed after this deadline will be published online but not incorporated
>> into the report.
>> >>>>
>> >>>> Best regards,
>> >>>> Leon, Thomas & Mathieu
>> >>>> Co-chairs
>> >>>>
>> >>>> -----------------------------------------------
>> >>>> NEW SUBSECTION IN 3A Mission, Commitmennts & Core Values
>> >>>>
>> >>>> Elaborating an Icann Commitment to Human Rights
>> >>>>
>> >>>> The CCWG-Accountability extensively discussed the opportunity to
>> include into Icann Bylaws a Comittment related to Human Rights. The group
>> commissioned a legal analysis of whether the termination of the IANA
>> contract would induce changes into Icann's obligations with regards to
>> Human Rights (LINK). While no significant issue was found to be directly
>> linked to the termination of the IANA contract, the group acknowledged the
>> recurring debates around the nature of Icann's accountability towards the
>> respect of fundamental human rights.
>> >>>>
>> >>>> These discussions identified the following, non-exhaustive, list of
>> accountability-related requirements :
>> >>>> - the NTIA criteria to maintain the openness of the Internet,
>> including free expression and the free flow of information
>> >>>> - the need to avoid extending Icann's mission into content regulation
>> >>>> - the importance of assessing the impact of Icann policies on Human
>> rights
>> >>>>
>> >>>> Examples of language that could serve as a Commitment were as
>> follows :
>> >>>> - Within its mission and in its operations, ICANN will be committed
>> to respect the fundamental human rights of the exercise of free expression
>> and the free flow of information.
>> >>>> - Within its mission and in it operations, ICANN will be committed
>> to respect internationally recognized fundamental human rights.
>> >>>>
>> >>>> The group has achieved consensus on including a human rights related
>> Commitment in Icann's Bylaws. However no particular wording currently
>> proposed achieved consensus. Reiterating its commitment to elaborate
>> concrete proposals as part of its mandate,  the CCWG-Accountability is
>> calling for comments on this approach and the underlying requirements.
>> >>>>
>> >>>>
>> >>>>
>> >>>> --
>> >>>> *****************************
>> >>>> Mathieu WEILL
>> >>>> AFNIC - directeur g�n�ral
>> >>>> T�l: +33 1 39 30 83 06
>> >>>> mathieu.weill at afnic.fr<mailto:mathieu.weill at afnic.fr>
>> >>>> Twitter : @mathieuweill
>> >>>> *****************************
>> >>>>
>> >>>> _______________________________________________
>> >>>> Accountability-Cross-Community mailing list
>> >>>> Accountability-Cross-Community at icann.org<mailto:
>> Accountability-Cross-Community at icann.org>
>> >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> >>>>
>> >>>>
>> >>>>
>> >>>> _______________________________________________
>> >>>> Accountability-Cross-Community mailing list
>> >>>> Accountability-Cross-Community at icann.org
>> >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> >>> _______________________________________________
>> >>> Accountability-Cross-Community mailing list
>> >>> Accountability-Cross-Community at icann.org
>> >>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> >> _______________________________________________
>> >> Accountability-Cross-Community mailing list
>> >> Accountability-Cross-Community at icann.org
>> >> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> >
>> > --
>> > Dr Paul Twomey
>> > Managing Director
>> > Argo P at cific
>> >
>> > US Cell: +1 310 279 2366
>> > Aust M: +61 416 238 501
>> >
>> > www.argopacific.com
>> >
>> > _______________________________________________
>> > Accountability-Cross-Community mailing list
>> > Accountability-Cross-Community at icann.org
>> > https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> _______________________________________________
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>
>
>
> --
> Jordan Carter
>
> Chief Executive
> *InternetNZ*
>
> +64-495-2118 (office) | +64-21-442-649 (mob)
> Email: jordan at internetnz.net.nz
> Skype: jordancarter
>
> *A better world through a better Internet *
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*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
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The key to understanding is humility - my view !
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