[CCWG-ACCT] Human rights - way forward

Sat Aug 1 22:59:18 UTC 2015

I volunteer for this subgroup as well.

Regards.

David Einhorn

From: Greg Shatan [mailto:gregshatanipc at gmail.com]
Sent: Friday, July 31, 2015 02:20 PM
To: Carlos Raul Gutierrez <crg at isoc-cr.org>
Cc: accountability-cross-community at icann.org <accountability-cross-community at icann.org>
Subject: Re: [CCWG-ACCT] Human rights - way forward

There are a few points in this thread I would like to respond to.

First, I volunteer for this subgroup.

Second, I agree with Keith's addition to the language, for the reasons stated above.

Third, I think the approach taken by the Co-Chairs is a good one, and I support that.

Fourth, there is one element in the newly proposed additional text which really must be changed.  It is the list of "requirements," being presented as if these are agreed text:

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

There was no agreement or consensus that these are "requirements."  They are reasons offered during the discussions by those who wanted language (or particular language) included.  I do not object to the first (because it's a statement of fact, and presented as such, and is not being used as an argument for particular text (to which I object)) or the third (because I agree with it, and it does not exclude other types of impact assessment).

However, I have to object to the second "requirement."  I've only seen this mentioned by one or two people and it has not even been seriously discussed on the list or on any call in relation to the Human Rights commitment.  More to the point, I do not think that this point is a reason why we should have Human Rights language in the Bylaws and I object to the linkage being enshrined in this document.  There are types of content control that clearly implicate Human Rights concerns and others that do not (indeed there are those that are consistent with and uphold fundamental Human Rights).  ICANN's relationship to "content regulation" is not per se a Human Rights issue.

If we had time, I might make a broad demand regarding this section, which would be followed by discussion and most likely a compromise.  Since we don't have time, I will start with the compromise, which removes no text (even text I disagree with).  It simply revises the introduction so there is no implication that this is an agreed list of "requirements":

In these discussions, some participants raised the following as accountability-related reasons for including a commitment to fundamental Human Rights in the Bylaws: :

I can live with this in the text without further comment.  Please make this change.  Thank you.

Greg Shatan

On Fri, Jul 31, 2015 at 1:22 PM, Carlos Raul Gutierrez <crg at isoc-cr.org<mailto:crg at isoc-cr.org>> wrote:
++++++++++++1

Carlos Raúl Gutiérrez
ISOC Costa Rica Chapter
skype carlos.raulg
+506 8837 7176<tel:%2B506%208837%207176>  (New  Phone number!!!!)
________
Apartado 1571-1000
COSTA RICA

On Fri, Jul 31, 2015 at 5:49 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<tel:%2B33%201%2039%2030%2083%2006>
mathieu.weill at afnic.fr<mailto:mathieu.weill at afnic.fr>
Twitter : @mathieuweill
*****************************

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