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

Wed Feb 18 16:38:12 UTC 2015

What public interest would be inconsistent with human rights?

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From: Avri Doria [mailto:avri at acm.org] 
Sent: Wednesday, February 18, 2015 11:21 AM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5

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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