[CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5

Avri Doria avri at acm.org
Wed Feb 18 16:20:50 UTC 2015


Hi,

Many of us argue that Human Rights is an essential component of any
definition of Public Interest.  How can something be in the Public
Interest if it contravenes human rights, especially those that are
binding upon nations and obligatory for businesses, especially those
which are defined as adhering to all applicable international law.

However, we have seen that in arriving at expression of public interest,
it is often necessary to balance those human rights, all of which stand
equal as human rights, but that have different emphasis in different
national regimes, even among those who justifiably can claim an
adherence to human rights.

As a organization, ICANN needs to adhere to human rights mandates and
needs to do so in the public interest.  It is my understanding that our
bottom-up processes are the means by which we determine our
understanding of the public interest.  But in doing so, we must always
be sure we do not infringe upon human rights.

Just as there are many ways to achieve stability, security and
resilience, and we determine that through our bottom-up processes, as
modulated through the advice of our experts on security and stability in
the SSAC and RSSAC, there are many ways to serve the public interest
that need to be determined through adherence to bylaws manadated
bottom-up processes and modulated through expert advice on human rights.

So perhaps we should be considering "public interest consistent with
human rights."

avri

I

On 18-Feb-15 05:15, Kavouss Arasteh wrote:
> Dear All,
> We should avoid to be engaged doing
>  something that we know would no tangible
>  results.
> I do not be infavour of replacing public interest 
> With anything such as human rights and 
> freedom Of expression, acknowledging 
> That the latter two issues are very important 
> But are quite difficult to limit public interests to 
> These two issues
> Pls be prudent
> Kavouss
>     
>   
>
> Sent from my iPhone
>
> On 17 Feb 2015, at 22:43, Edward Morris <egmorris1 at toast.net
> <mailto:egmorris1 at toast.net>> wrote:
>
>> I'm a bit confused Tijani.
>>
>> First, you said you didn't remember the suggestion and now you state
>> the suggestion had no support. As I wasn't able to be in Frankfurt I
>> would appreciate clarification of the status of this worthy idea. I'm
>> personally not a big fan of the generic  term "public interest",
>> finding that in practice "public interest" usually morphs into
>> "personal interest": that is, "the public it is I". I realise that
>> creation of a consensus definition of the public interest is called
>> for in the draft 5 year OP but I do find Robin's idea to be worthy of
>> discussion by the wider WG and thank staff for including it in the
>> summary document.
>>
>> Best,
>>
>> Ed
>>
>> Sent from my iPad
>>
>> On Feb 17, 2015, at 7:09 PM, Tijani BEN JEMAA
>> <tijani.benjemaa at fmai.org.tn <mailto:tijani.benjemaa at fmai.org.tn>> wrote:
>>
>>> Yes you did in Frankfurt, and there was no support to your suggestion.
>>>
>>>  
>>>
>>> The “public interest” or the “benefit of the public, not just in the
>>> interests of a particular set of stakeholders” had a large support
>>> as part of the “CCWG Accountability – Problem definition” document
>>> (purposes of ICANN’s accountability, d.)
>>>
>>>  
>>>
>>>  
>>>
>>> --------------------------------------------------------------------------------
>>>
>>> *Tijani BEN JEMAA*
>>>
>>> Executive Director
>>>
>>> Mediterranean Federation of Internet Associations (*FMAI*)
>>>
>>> Phone:  + 216 41 649 605
>>>
>>> Mobile: + 216 98 330 114
>>>
>>> Fax:       + 216 70 853 376
>>>
>>> --------------------------------------------------------------------------------
>>>
>>>  
>>>
>>>  
>>>
>>>  
>>>
>>> *De :*Robin Gross [mailto:robin at ipjustice.org]
>>> *Envoyé :* mardi 17 février 2015 18:40
>>> *À :* Tijani BEN JEMAA
>>> *Cc :* 'Adam Peake'; 'Accountability Cross Community'
>>> *Objet :* Re: [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5
>>>
>>>  
>>>
>>> Yes, I made this suggestion.
>>>
>>>  
>>>
>>> Thanks,
>>>
>>> Robin
>>>
>>>  
>>>
>>>  
>>>
>>> On Feb 16, 2015, at 3:54 PM, Tijani BEN JEMAA wrote:
>>>
>>>
>>>
>>> Dear Adam,
>>>
>>>  
>>>
>>> I may have missed some of the mails exchanged but I don’t remember
>>> that it was suggested that the public interest be replaced by human
>>> rights and internet freedom.
>>>
>>>  
>>>
>>> Tijani
>>>
>>>  
>>>
>>>  
>>>
>>>  
>>>
>>> -----Message d'origine-----
>>> De : accountability-cross-community-bounces at icann.org
>>> <mailto:accountability-cross-community-bounces at icann.org> [mailto:accountability-cross-community-bounces at icann.org]
>>> De la part de Adam Peake
>>> Envoyé : lundi 16 février 2015 18:45
>>> À : Accountability Cross Community
>>> Objet : [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5
>>>
>>>  
>>>
>>> Apologies for the delay sending this summary.  It was sent to the
>>> advisors last week.
>>>
>>>  
>>>
>>> Best,
>>>
>>>  
>>>
>>> Adam
>>>
>>>  
>>>
>>>  
>>>
>>>  
>>>
>>>  
>>>
>>>  
>>>
>>> ------------------------------------------------------------------------
>>>
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