[CCWG-ACCT] way forward and minority statements

Greg Shatan gregshatanipc at gmail.com
Thu Jul 30 16:24:23 UTC 2015


Stop the presses.  I agree with Dr. Lisse.

(Beelze)Greg

On Thu, Jul 30, 2015 at 12:23 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> Carlos,
>
> This has nothing to do with the First Amendment.  This refers to
> internationally recognized fundamental human rights, and "free flow of
> information" isn't one.  It may be a laudable goal, but it is simply not on
> the UN list of "fundamental human right."
>
> Greg
>
> On Thu, Jul 30, 2015 at 12:16 PM, Carlos Raul Gutierrez <crg at isoc-cr.org>
> wrote:
>
>> Dear Steve,
>>
>> Maybe Tunis agenda or anything related to the information society we live
>> in? In any case, if we can go at least a little step further than the
>> strict language of 1st anmendemnt, so it sounds more modern and
>> international would be a great  step forward.
>>
>> Best
>>
>> Carlos Raúl
>> On Jul 30, 2015 10:00 AM, "Steve DelBianco" <sdelbianco at netchoice.org>
>> wrote:
>>
>>>  The compromise text says "fundamental human rights of the exercise of
>>> free expression and the free flow of information”.
>>>
>>>  But I do not find “free flow if information” on the UN list of
>>> fundamental human rights.   Where is that right stated as fundamental?
>>>
>>>
>>>
>>>   From: <accountability-cross-community-bounces at icann.org> on behalf of
>>> Greg Shatan
>>> Date: Thursday, July 30, 2015 at 11:47 AM
>>> To: Stephanie Perrin
>>> Cc: "accountability-cross-community at icann.org"
>>> Subject: Re: [CCWG-ACCT] way forward and minority statements
>>>
>>>   Nobody has to publish their confidential information to the world in
>>> order to register a domain name.  Privacy/proxy services are readily
>>> available and there is no formal proposal to take that away from anyone.  I
>>> agree we can and should take this debate elsewhere, since it is a nuanced
>>> one, and there has been much misinformation spread on the topic.
>>>
>>>  However, if adding the proposed language to the Bylaws changes how
>>> ICANN should "determine where the human rights obligations fall" in the
>>> policy-making process relating to this issue, then this is a very
>>> significant change.
>>>
>>>  Greg
>>>
>>> On Thu, Jul 30, 2015 at 11:31 AM, Stephanie Perrin <
>>> stephanie.perrin at mail.utoronto.ca> wrote:
>>>
>>>> No actually I am referring to scammers, spammers, doxxers, and really
>>>> irritating (but not criminal) commercial elements who mine the WHOIS
>>>> database to pursue innocent folks who have to publish their confidential
>>>> information to the world in order to register a domain name.
>>>> A public directory is not the way to control lawbreakers who hide
>>>> behind proxy services, as has been amply debated in the recent PPSAI public
>>>> comments period.
>>>> Anyway lets take this debate elsewhere as it does not contribute much
>>>> to the topic.  Except, I would point out, that the risk balance between the
>>>> harm done by public disclosure through WHOIS has changed in the 17 years
>>>> that the Internet has been growing up, and it is time to revisit who is at
>>>> risk, and determine where the human rights obligations fall.  As you can
>>>> tell, I believe privacy and the people who need it are more at risk today
>>>> than law enforcement operations (who can find the registrars and the ISPs,
>>>> and request the data they need there, in addition to more relevant info
>>>> such as payment details). Disclosure of address and phone numbers is
>>>> permanent and irrevocable thanks to value added services that have grown up
>>>> to mine the WHOIS data.
>>>> kind regards,
>>>> Stephanie
>>>>
>>>>
>>>> On 2015-07-30 11:18, Greg Shatan wrote:
>>>>
>>>>  Stephanie,
>>>>
>>>>  Are you referring to the criminal element who knows how to use WHOIS
>>>> to hide themselves?  That is certainly a huge problem and not limited to
>>>> violations of criminal law -- it is also a huge problem with regard to
>>>> lawbreakers whose actions are not criminal in nature.
>>>>
>>>>  Greg
>>>>
>>>> On Thu, Jul 30, 2015 at 11:05 AM, Stephanie Perrin <
>>>> stephanie.perrin at mail.utoronto.ca> wrote:
>>>>
>>>>> Totally agree Nigel, but providing access to law enforcement is not
>>>>> the same as publishing to the world, and the criminal element who know how
>>>>> to use WHOIS.  At the moment, options for nuanced disclosure are limited.
>>>>> SP
>>>>>
>>>>>
>>>>> On 2015-07-30 11:00, Nigel Roberts wrote:
>>>>>
>>>>>> Stephanie
>>>>>>
>>>>>> The whole debate about the right to private and family life is more
>>>>>> nuanced.
>>>>>>
>>>>>> Without turning this list into a discussion on how respect for human
>>>>>> rights is guaranteed on this contintent, it's worth pointing out that
>>>>>> respecting the right of privacy does NOT mean closing off domain
>>>>>> registration data to law enforcment. Quite the opposite.
>>>>>>
>>>>>> The privacy right is a qualified right -- so it CAN be interfered with
>>>>>>
>>>>>> - lawfully, when necessary in a democratic society; so long as it is
>>>>>> - proportionate.
>>>>>>
>>>>>> And I don't think that conflicts with anybody's 'marching orders'.
>>>>>>
>>>>>>
>>>>>> On 30/07/15 15:53, Stephanie Perrin wrote:
>>>>>>
>>>>>>> I hate to complicate this discussion, but I feel duty bound to point
>>>>>>> out
>>>>>>> that the first human right many people think of these days with
>>>>>>> respect
>>>>>>> to the domain name registration system is privacy.  Freedom of
>>>>>>> expression and the openness of the Internet rolls more easily off the
>>>>>>> tongue....but if anyone says what about privacy, the WHOIS would
>>>>>>> have to
>>>>>>> be re-examined.  This of course conflicts with the marching orders
>>>>>>> that
>>>>>>> the NTIA has had for ICANN since its inception.
>>>>>>> Stephanie Perrin
>>>>>>>
>>>>>>> On 2015-07-30 5:59, Erika Mann wrote:
>>>>>>>
>>>>>>>> In addition to Avri's points, such a provision could help as well to
>>>>>>>> ensure that future business models that relate to more sensitive
>>>>>>>> strings (.gay for example) will continue to be treated as any other
>>>>>>>> string.
>>>>>>>>
>>>>>>>> Erika
>>>>>>>>
>>>>>>>> On Thu, Jul 30, 2015 at 11:42 AM, Avri Doria <avri at acm.org
>>>>>>>> <mailto:avri at acm.org>> wrote:
>>>>>>>>
>>>>>>>>     Hi,
>>>>>>>>
>>>>>>>>     Off the top of my head, I think a first thing we would have to
>>>>>>>> do
>>>>>>>>     would
>>>>>>>>     be to start understanding the impact, if any, of ICANN
>>>>>>>> operations and
>>>>>>>>     policies on human rights.  Some of this work is already starting
>>>>>>>>     in the
>>>>>>>>     human rights working party (HRWP), though that is a rather
>>>>>>>> informal
>>>>>>>>     beginning.  I would also think that some part of the staff would
>>>>>>>>     need to
>>>>>>>>     start taking these issues into consideration.  I do not think
>>>>>>>> that it
>>>>>>>>     would cause any serious changes in the near future but would
>>>>>>>> make us
>>>>>>>>     more aware as time went on, and would give us a basis for
>>>>>>>> discussion
>>>>>>>>     both in the HRWP and in the ACSO and Board.
>>>>>>>>
>>>>>>>>     In terms of the specific things it might limt us from, and this
>>>>>>>> would
>>>>>>>>     require some analysis on specifc events, might be creating any
>>>>>>>>     kinds of
>>>>>>>>     policies or operations that forced  limitation of content,
>>>>>>>> beyond the
>>>>>>>>     limitations required by law for incitement, on domain named
>>>>>>>> sites.  It
>>>>>>>>     would in fact strengthen our postion in that respect.
>>>>>>>>
>>>>>>>>     Most important though, it would cover a hole left by the loss
>>>>>>>> of the
>>>>>>>>     NTIA backstop, on any issue concerning freedom of expression,
>>>>>>>> free
>>>>>>>>     flow
>>>>>>>>     of information or openness of the Internet.
>>>>>>>>
>>>>>>>>     thanks
>>>>>>>>     avri
>>>>>>>>
>>>>>>>>     >
>>>>>>>>     > On Jul 30, 2015, at 11:01 AM, Chris Disspain <ceo at auda.org.au
>>>>>>>>     <mailto:ceo at auda.org.au>
>>>>>>>>     > <mailto:ceo at auda.org.au <mailto:ceo at auda.org.au>>> wrote:
>>>>>>>>     >
>>>>>>>>     >> Keith,
>>>>>>>>     >>
>>>>>>>>     >> This looks interesting. Could we think of an example of
>>>>>>>> something
>>>>>>>>     >> concrete ICANN would have to do if it made this commitment?
>>>>>>>> Or
>>>>>>>>     >> something it would not be able to do?
>>>>>>>>     >>
>>>>>>>>     >>
>>>>>>>>     >>
>>>>>>>>     >> Cheers,
>>>>>>>>     >>
>>>>>>>>     >>
>>>>>>>>     >> Chris
>>>>>>>>     >>
>>>>>>>>     >>
>>>>>>>>     >>> On 30 Jul 2015, at 18:16 , Drazek, Keith <
>>>>>>>> kdrazek at verisign.com
>>>>>>>>     <mailto:kdrazek at verisign.com>
>>>>>>>>     >>> <mailto:kdrazek at verisign.com <mailto:kdrazek at verisign.com>>>
>>>>>>>> wrote:
>>>>>>>>     >>>
>>>>>>>>     >>> Hi Avri,
>>>>>>>>     >>>
>>>>>>>>     >>> In order to tie your suggestion directly to the language in
>>>>>>>>     >>> Secretary Strickling's April 2014 written congressional
>>>>>>>> testimony
>>>>>>>>     >>> (included in a prior email) and to reduce concerns about
>>>>>>>> scope
>>>>>>>>     >>> creep, would language along these lines be acceptable to
>>>>>>>> you?
>>>>>>>>     >>>
>>>>>>>>     >>>> "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."
>>>>>>>>     >>>
>>>>>>>>     >>> Speaking personally, I could probably support this
>>>>>>>> formulation. To
>>>>>>>>     >>> be clear, I have not discussed this with the RySG, but it's
>>>>>>>>     >>> consistent with the requirements outlined by NTIA so I
>>>>>>>> think it's
>>>>>>>>     >>> certainly worth considering.
>>>>>>>>     >>>
>>>>>>>>     >>> I'm not advocating including this in the Bylaws, but I'm not
>>>>>>>>     >>> objecting to it either. However, if we don't reach
>>>>>>>> consensus for
>>>>>>>>     >>> adding to the Bylaws, I definitely think this is worth
>>>>>>>> further
>>>>>>>>     >>> consideration in WS2 and would support an explicit
>>>>>>>> reference using
>>>>>>>>     >>> this or similar language and timetable for doing so.
>>>>>>>>     >>>
>>>>>>>>     >>> Regards,
>>>>>>>>     >>> Keith
>>>>>>>>     >>>
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>
>>>
>>> _______________________________________________
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>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>>
>
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