[CCWG-ACCT] Human rights - way forward

[Matthew Shears]

+ 1 Keith.

On 7/31/2015 4:24 PM, Drazek, Keith wrote:
> Thanks to the Co-Chairs.
>
> I support this approach with one caveat. I expect this is already 
> understood but needs confirmation.
>
> Consistent with the CCWG discussions on the issue, when we present the 
> issue to the public, it must be made clear that any such bylaw 
> amendment is limited to ICANN's mission. It cannot be used as a tool 
> to expand ICANN's mission, now or in the future. Without this, we do 
> NOT have consensus to include the reference. I assume this would fit 
> under the proposed section:
>
>> - the underlying requirements expressed during the debate,
>
> It could also be added here:
>
>> - this assessment and a firm commitment to add a human rights related 
>> Commitment into Icann's Bylaws WITHIN ITS DEFINED MISSION
>
> Thanks and regards,
> Keith
>
>
> On Jul 31, 2015, at 7:51 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
>> mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>
>> Twitter : @mathieuweill
>> *****************************
>>
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>
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-- 
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 (0)771 247 2987

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