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

Wed Feb 18 18:40:12 UTC 2015

"public interest consistent with human rights."

The public interest can include issues far 
removed from human rights - thus replacing the 
term public interest as Robin suggested is not 
acceptable. Those other issues may not be 
inconsistent with human rights, so the statement 
may be accurate, but nevertheless misleading in 
that it could be inferred that the only public 
interest issues that are excluded are those that violate human rights.

If we would have thought that human rights 
guaranteed by international treaty are implicit 
in any definition of public interest, but if it 
is really necessary to call them out, then 
"public interest, including human rights".

Alan

At 18/02/2015 11:20 AM, Avri Doria wrote:
>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 
>><<mailto:egmorris1 at toast.net>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 
>>><<mailto:tijani.benjemaa at fmai.org.tn>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>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 : 
>>>><mailto:accountability-cross-community-bounces at icann.org>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
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>----------
>>>><http://www.avast.com/><~WRD000.jpg>
>>>>
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>>>>
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