[CCWG-ACCT] Human rights - way forward

Fri Jul 31 22:19:21 UTC 2015

+1 re thanks for the approach from the co-chairs, to Keith's qualification,
to Paul's misgivings...

and I do not volunteer to participate on the subgroup, but I would like to
be on the email list to see the conversation and learn more about the issue.

Jordan

On 1 August 2015 at 05:15, Malcolm Hutty <malcolm at linx.net> wrote:

> 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
> >>>> *****************************
> >>>>
> >>>> _______________________________________________
> >>>> Accountability-Cross-Community mailing list
> >>>> Accountability-Cross-Community at icann.org<mailto:
> Accountability-Cross-Community at icann.org>
> >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >>>>
> >>>>
> >>>>
> >>>> _______________________________________________
> >>>> Accountability-Cross-Community mailing list
> >>>> Accountability-Cross-Community at icann.org
> >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >>> _______________________________________________
> >>> Accountability-Cross-Community mailing list
> >>> Accountability-Cross-Community at icann.org
> >>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >> _______________________________________________
> >> Accountability-Cross-Community mailing list
> >> Accountability-Cross-Community at icann.org
> >> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >
> > --
> > Dr Paul Twomey
> > Managing Director
> > Argo P at cific
> >
> > US Cell: +1 310 279 2366
> > Aust M: +61 416 238 501
> >
> > www.argopacific.com
> >
> > _______________________________________________
> > Accountability-Cross-Community mailing list
> > Accountability-Cross-Community at icann.org
> > https://mm.icann.org/mailman/listinfo/accountability-cross-community
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>

-- 
Jordan Carter

Chief Executive
*InternetNZ*

+64-495-2118 (office) | +64-21-442-649 (mob)
Email: jordan at internetnz.net.nz
Skype: jordancarter

*A better world through a better Internet *
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150801/84e0a7fd/attachment.html>