[CCWG-ACCT] Human rights - way forward

Malcolm Hutty malcolm at linx.net
Fri Jul 31 17:15:59 UTC 2015


I share Paul's misgivings and support Keith's proposed qualification. And volunteer for the subgroup. 

Malcolm. 



> On 31 Jul 2015, at 18:01, Paul Twomey <paul.twomey at argopacific.com> wrote:
> 
> +1
> I am sympathetic to the general thrust of the discussion, but I am DEEPLY worried about anything which makes ICANN look like a place were definitions of Human Rights and their application is discussed.   Knowing how poisonous and constantly aggravating this is in the UN system, we may end up inadvertently attracting a whole new set of diplomats into the GAC which will risk GAC turning into a very divisive force in the ICANN structure.   (Even in the UN, the Human Rights battles have resulted in one UN entity being dismantled (almost unheard of in UN history) and another established)  We really do not want to go down that path.   So keeping within Mission and being very specific as to how some clear rights may apply to specific things ICANN does (eg freedom of expression in gtld string applications) will be useful.
> 
> Paul
> 
>> On 8/1/15 2:38 AM, James Gannon wrote:
>> I second Robins support.
>> 
>> -James
>> 
>> ________________________________________
>> From: accountability-cross-community-bounces at icann.org <accountability-cross-community-bounces at icann.org> on behalf of Robin Gross <robin at ipjustice.org>
>> Sent: 31 July 2015 17:37
>> To: Accountability Cross Community
>> Subject: Re: [CCWG-ACCT] Human rights - way forward
>> 
>> I also support this key language from Keith.
>> 
>> Thanks,
>> Robin
>> 
>>> On Jul 31, 2015, at 8:48 AM, Izumi Okutani wrote:
>>> 
>>> Many thanks to Co-Chairs for this suggestion on the way forward.
>>> I support the suggested approach.
>>> 
>>>> 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
>>> I also support this suggestion from Keith.
>>> 
>>> 
>>> Izumi
>>> 
>>>> On 2015/08/01 0:24, 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 g�n�ral
>>>> T�l: +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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> 
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> Dr Paul Twomey
> Managing Director
> Argo P at cific
> 
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