[CCWG-ACCT] Human rights - way forward

Sat Aug 1 11:53:20 UTC 2015

+1 on the intent of your mail, but at the same time adding just a general
statement on human right may not avoid scope widening. As you have rightly
put it, refining the human right text in line with "how ICANN works" would
indeed ensure a clear and unambiguous future for ICANN.

It's not something we can afford not to properly and clearly document as we
may not always have an Avri to remind us of the motives behind formerly
introducing HR text in ICANN governing documents.

Good luck to the sub-group working on this.

Regards
On 1 Aug 2015 12:25 pm, "Avri Doria" <avri at acm.org> wrote:

> Hi,
>
> I also see nothing in this to suggest or even hint, at broadening the
> mission.  In fact I think the commitment is a  value statement not a
> mission statement. It is about how we work, not what work we do.  We are
> not a human rights organizations, nor could we ever become on.  We are
> just company that within its mission has had an unspoken value of
> respect for human rights  backed up by a knowledge that the NTIA, as
> part of the US human rights Duty Bearer, would have kept us in check.
> That now needs to assert the value for ourselves.  As corporation
> without USG oversight, we need to take responsibility for ourselves.
>
> Really nothing should change except that instead of tacitly depending on
> Uncle Sam for our values, we will have to rely on our own commitment to
> our values.
>
> avri
>
>
> On 01-Aug-15 10:19, Thomas Rickert wrote:
> > Keith,
> > let me confirm that I heard no one suggesting ICANN’s mission should
> > be broadened, while I have heard multiple statements confirming
> > exactly what your understanding is, i.e. that the question of HR is
> > related to ICANNs mission.
> >
> > I have no reason to believe that the sub team will deviate from that
> > understanding, but it is good of you ask for a clarification on the
> > record.
> >
> > Thomas
> >
> >> Am 31.07.2015 um 17:24 schrieb Drazek, Keith <kdrazek at verisign.com
> >> <mailto:kdrazek at verisign.com>>:
> >>
> >> 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 général
> >>> Tél: +33 1 39 30 83 06
> >>> mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>
> >>> Twitter : @mathieuweill
> >>> *****************************
> >>>
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