[council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Mon Jul 10 13:18:06 UTC 2023

Sebastien - yes, this makes perfect sense to me!  (Sorry for the delay in
responding.)
Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com

On Tue, Jul 4, 2023 at 2:11 AM Sebastien at registry.godaddy
<Sebastien at registry.godaddy> wrote:

> Hi Anne,
>
>
>
> I think we are in full agreement: the HR-FOI should definitely be
> referenced in the Closed Generics EPDP Charter to come. It is relevant to
> the work and in fact core to the very Public Interest the proposed
> framework is aiming to protect. Running the template checklist I anticipate
> we will find ourselves in a scenario where and HR assessment will be
> required.
>
>
>
> This said my comment was targeted at the templates in general, which
> include references to the possibility of an HR assessment to ensure they
> are not overlooked, but do not need specific references to the HR-FOI as it
> doesn’t specifically all other items of the by-laws.
>
>
>
> I hope this makes sense.
>
>
>
> Kindly,
>
>
>
>
>
> *Sebastien Ducos*
>
> GoDaddy Registry | Senior Client Services Manager
>
> [image: signature_3863597109]
>
> +33612284445
>
> France & Australia
>
> sebastien at registry.godaddy
>
>
>
>
>
> *From: *Anne ICANN <anneicanngnso at gmail.com>
> *Date: *Monday, 3 July 2023 at 5:20 pm
> *To: *Sebastien Ducos <Sebastien at registry.godaddy>
> *Cc: *Stephanie E Perrin <stephanie.perrin at mail.utoronto.ca>, Thomas
> Rickert | rickert.law <thomas at rickert.law>, Marika Konings <
> marika.konings at icann.org>, council at gnso.icann.org <council at gnso.icann.org>,
> GNSO-Chairs <gnso-chairs at icann.org>, gnso-secs at icann.org <
> gnso-secs at icann.org>
> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
> Caution: This email is from an external sender. Please do not click links
> or open attachments unless you recognize the sender and know the content is
> safe. Forward suspicious emails to isitbad at .
>
>
>
> Thanks, Sebastien, for tying up this loose end.  My main purpose in making
> the comment about the Human Rights Framework of Interpretation (HR-FOI) was
> to point out that it does provide the Framework pursuant to which the Human
> Rights Core Value contained in the ByLaws is to be interpreted.  To my
> mind, this comment is particularly timely due to the prospect of an EPDP on
> Closed Generics.  Advocates for both applicants and registrants have
> asserted Human Rights interests in relation to that particular topic.  (As
> Marika noted, the templates can be modified if/when an EPDP commences.)
>
>
>
> As mentioned in our last Council meeting, I do not think we would want to
> defer action on the Human Rights analysis until the Final Report stage of a
> Closed Generic EPDP. That would only create delay.
>
>
>
> Thank you,
>
> Anne
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Fri, Jun 30, 2023 at 7:46 AM Sebastien at registry.godaddy
> <Sebastien at registry.godaddy> wrote:
>
> Dear Team and Council Colleagues,
>
>
>
> I wanted to wrap up this discussion. As per Marika’s email below we gave
> until 23 June for last comments on this and I don’t believe we received any
> since our discussion during the Council meeting in DC.
>
>
>
> We have heard Anne, Stephanie and others’ concern that Human Rights be
> nominally included in all our work and specifically while chartering new
> Working Groups. This is understood and relevant for the entire community,
> specifically at has been mentioned, since it is part of our shared By-Laws.
>
> This said we have also heard the arguments that by the very fact that is
> it part of our By-Laws it is automatically included as a concern in all our
> work, and in this case should not need reiterating. Particularly, it seems
> to me, as it would put that concern above other By-Law requirements that we
> wouldn’t list.
>
>
>
> In the interest of closure, I would like to go back to the CCOICI’s
> proposed template and agree that it is good for now.
> HR assessments remain a concern regardless of it being nominally included
> or not, and we can always review this work later should it appear that this
> or any other unreferenced By-Law concerns are overlooked.
>
>
>
> Kindly,
>
>
>
>
>
> *Sebastien Ducos*
>
> GoDaddy Registry | Senior Client Services Manager
>
> [image: signature_4195489786]
>
> +33612284445
>
> France & Australia
>
> sebastien at registry.godaddy
>
>
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Thomas
> Rickert | rickert.law via council <council at gnso.icann.org>
> *Date: *Wednesday, 7 June 2023 at 8:48 am
> *To: *Marika Konings <marika.konings at icann.org>, Stephanie E Perrin <
> stephanie.perrin at mail.utoronto.ca>, council at gnso.icann.org <
> council at gnso.icann.org>
> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
> Caution: This email is from an external sender. Please do not click links
> or open attachments unless you recognize the sender and know the content is
> safe. Forward suspicious emails to isitbad at .
>
>
>
> Thanks, Marika.
>
>
>
> Let‘s find a bit of time to discuss this while we are in DC.
>
>
>
> Best,
>
> Thomas
>
>
>
> Sent from my mobile device. Please excuse typos and brevity.
> ------------------------------
>
> *Von:* council <council-bounces at gnso.icann.org> im Auftrag von Marika
> Konings via council <council at gnso.icann.org>
> *Gesendet:* Wednesday, June 7, 2023 8:37:22 AM
> *An:* Stephanie E Perrin <stephanie.perrin at mail.utoronto.ca>;
> council at gnso.icann.org <council at gnso.icann.org>
> *Betreff:* Re: [council] [Ext] Re: For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
>
>
> Dear All,
>
>
>
> No problem providing everyone with a bit more time. How about Friday 23
> June as a deadline to provide any further comments or suggestions? This
> should allow everyone to discuss this during ICANN77. As a reminder, these
> are templates that can be updated as deemed necessary by the Council to
> factor in specific aspects of the topic that is under consideration – it is
> not intended to be a one-size fits all.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Stephanie E
> Perrin via council <council at gnso.icann.org>
> *Reply to: *Stephanie E Perrin <stephanie.perrin at mail.utoronto.ca>
> *Date: *Wednesday, 7 June 2023 at 00:20
> *To: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
>
>
> I really support Anne's request for more time.  This is an important
> issue, given the fundamental tension between free expression interests of
> the parties.  HR impact assessments are a work in progress still, and are
> only as strong as the information (facts) and risk imaginations brought to
> them.  Not sure that the FOI is going to assist in that process, so need to
> go study them both....and we are packing and dealing with umpteen
> pre-meetings this week.  Please, more time.
>
> Stephanie PErrin
>
> On 2023-06-06 10:58 a.m., Anne ICANN via council wrote:
>
> Thanks Thomas.  I think you are saying the ByLaws always govern and that
> the FOI is a community consensus interpretation of the ByLaws provision re
> the Human Rights Core Value.  Is that correct?
>
>
>
> I will give an example as to the reason I believe it's important to
> clarify the significance of the Human Rights Framework of Interpretation to
> the HR Impact Analysis:
>
>
>
> Council will soon debate the best tool for addressing the Closed Generics
> policy issue. Regardless of the tool that is chosen, it appears that Human
> Rights in relation to freedom of expression will be asserted by both those
> who advocate for unrestricted Closed Generics and those who advocate that
> no Closed Generics be permitted.  The highly anticipated Facilitated Dialog
> work on a proposed framework for Closed Generics will presumably be subject
> to a Human Rights Impact Analysis.  All indications based on comments in
> Council meetings are that Applicants for Closed Generics will assert that
> the GAC Advice abridges Applicant freedom of expression.  End User
> advocates will assert that restricting registrations in generic TLDs to a
> closed set of registrants abridges end user freedom of expression.
>
>
>
> Having participated on the Sub Team for Human Rights in Workstream 2, I
> can safely say that the balance to be struck here is exactly what the Human
> Rights Framework of Interpretation was meant to address.    Accordingly, I
> think it would be unwise to finalize the templates for the Impact Analysis
> without acknowledging directly the fact that the HR Framework of
> Interpretation governs interpretation of the Human Rights Core Value in the
> policy process, including the process of HR Impact Analysis.  I do agree
> with you that the ByLaws always govern but the FOI itself is not a ByLaw.
> It is a guide that is supposed to help establish principles for applying
> the ByLaw in the policymaking context.
>
>
>
> I would appreciate getting an extension beyond the June 7 deadline
> specified by Marika so that this important subject of the templates could
> be discussed in light of the upcoming work on Closed Generics.  (I know
> Marika will say we can approve the templates and address that issue later
> with respect to that policy work but I think it's important for Council to
> address this at the template stage.)
>
>
>
> Thank you,
>
> Anne
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Mon, Jun 5, 2023 at 12:26 PM Thomas Rickert | rickert.law
> <thomas at rickert.law> <thomas at rickert.law> wrote:
>
> Hi Anne, all,
>
> sorry for chiming in late.
>
>
>
> To be honest, I do not recall how the framework was intended to be used. I
> will offer my take on this, though, based on the documentation.
>
>
>
> The FOI is a framework of interpretation for ICANN’s human rights bylaw.
> When ICANN produces documents, we do not always refer to the bylaws to
> state that documents or policies must be compliant with ICANN’s bylaws. It
> is taken for granted.
>
> Shouldn’t the same be true for the FOI so that that document is always
> relevant as it is to be read in conjunction with the bylaws?
>
>
>
> In practical terms, I think that we do not need to explicitly reference
> the FOI, whether it is a report or something else.
>
> On the contrary, would we not create precedent by referencing it
> suggesting that when it is not applicable when not explicitly referenced?
>
>
>
> Best,
>
> Thomas
>
>
>
> *Von: *council <council-bounces at gnso.icann.org> im Auftrag von Anne ICANN
> via council <council at gnso.icann.org>
> *Antworten an: *Anne ICANN <anneicanngnso at gmail.com>
> *Datum: *Dienstag, 16. Mai 2023 um 16:50
> *An: *Marika Konings <marika.konings at icann.org>
> *Cc: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Betreff: *Re: [council] [Ext] Re: For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
>
>
> Thanks Marika.  Not sure how the wiki page language was developed or why
> the FOI is referred to there as a "report".  I do know that the ByLaws
> change was not effective until the Framework of Interpretation was formally
> adopted and so we labored long to reach agreement on the language of the
> FOI.  Thomas Rickert may be in the best position to provide further comment
> on the history of this Workstream 2 work and the role of the FOI in
> assessing HR impact.
>
>
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings at icann.org>
> wrote:
>
> Thanks, Anne, this is actually how it is referred to on the wiki page:
> “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw
> language pertaining to human rights. This report was developed by a
> subcommittee within the CCWG-WS2”. It is definitely an important document
> in the context of the ICANN HR Bylaws, but not specific to assessing the
> impact of policy recommendations on HR as far as I understand which is what
> the additional language in the templates is focused on per the CCOICI
> recommendation.
>
>
>
> Maybe others can weigh in on whether it is viewed as essential that a
> reference to the framework is included in the templates themselves or
> whether it is sufficient that it is included together with other relevant
> materials that are intended to assist community and staff?
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *Anne ICANN <anneicanngnso at gmail.com>
> *Date: *Tuesday, 16 May 2023 at 16:07
> *To: *Marika Konings <marika.konings at icann.org>
> *Cc: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
>
>
> Thanks Marika. Certainly all the materials are relevant but I don't
> believe the Framework of Interpretation is a "report".  Having working on
> that Workstream 2 team, I am aware that the ByLaws change was specifically
> designed to only take effect after the HR Framework of Interpretation was
> adopted.  Thus, the Framework of Interpretation is quite important and is
> not just a "report."
>
>
>
> Given that the Framework was designed to effect implementation, it should
> be referred to specifically in the documents.
>
>
>
> Thank you,
>
> Anne
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings at icann.org>
> wrote:
>
> Thanks, Anne. Our understanding is that the Framework of Interpretation is
> a report that offers consensus interpretation of the ICANN Bylaw language
> pertaining to human rights, it is not a tool that has been designed to
> facilitate assessing the potential impact of policy recommendations on
> human rights. The dedicated wiki page contains additional documents and
> information that may provide further guidance hence why we thought it would
> be a better approach to refer those interested to learn more there so that
> they have the range of documents and tools available to assist in this
> process.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *Anne ICANN <anneicanngnso at gmail.com>
> *Date: *Tuesday, 16 May 2023 at 14:46
> *To: *Marika Konings <marika.konings at icann.org>
> *Cc: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP
> Templates to facilitate consideration of impact on HR
>
>
>
> Thanks Marika.  Sometimes these links pepper the WG with too many
> different background documents.  Here the HR-FOI is most relevant to the
> scope of the assessment of the impact so I still believe it's a good idea
> to include a reference to that in the text.  If you think including the
> link makes it too long, then I would just add "... in accordance with the
> ICANN Human Rights Framework of Interpretation."
>
>
>
> This language would make the scope of the work much more readily
> understandable.  I hope this request is not too burdensome.
>
>
>
> Thank you!
>
> Anne
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings at icann.org>
> wrote:
>
> Hi Anne – thanks for your suggestion. Please note that the Framework of
> Interpretation, as well as other documents that may aid community and
> staff, can be found on the wiki page that is already referenced in the
> request for an Issue Report Template as well as Preliminary Issue Report
> template (see https://community.icann.org/x/RAPCCw). We’ll make sure to
> include the same link in the Charter Template and the Initial Report
> template.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *Anne ICANN <anneicanngnso at gmail.com>
> *Date: *Monday, 15 May 2023 at 19:17
> *To: *Marika Konings <marika.konings at icann.org>
> *Cc: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *[Ext] Re: [council] For your review - updated PDP Templates to
> facilitate consideration of impact on HR
>
>
>
> Thanks Marika and many thanks to Ephraim!  These forms look good.  My only
> comment is that in each section in each of the forms asking whether there
> will be an impact on Human Rights, there should be a link inserted to the
> Framework of Interpretation for Human Rights(HR-FOI) that was adopted by
> the Board.  The Framework should be very helpful in the preparation of the
> Issue Report and also to the WG as it conducts the HR impact analysis on a
> recommendation by recommendation basis as specified in the Charter
> template.  (I understand that each Recommendation of the WG must be
> accompanied by an HR impact analysis.  If that is not the case, please
> advise by reply all.)
>
>
>
> The link to the FOI is here:
>
>
>
>
> https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-final-recs-27mar18-en.pdf
>
>
>
>
>
> So, for example, in the Working Group Charter template, we should insert
> the language shown below in blue:
>
> Thank you!
>
> Anne
>
> Impact on Human Rights
> The WG is expected to consider the potential impact of any recommendations
> on human rights as set forth in the ICANN Human Rights Framework of
> Interpretation (HR-FOI) linked here:
> https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-final-recs-27mar18-en.pdf.
>    Based
>
> on the information included in the request for an Issue Report and the
> Issue Report, the WG is
> expected to further consider whether there is a likely human rights
> impact, and if so, who are the
> groups expected to be impacted and the expected severity of the impact
> (high / medium / low). If an
> impact is anticipated, the WG is expected to address the following
> questions: 1) is the proposed action
> necessary to achieve the desired outcome, 2) is the proposed action
> proportionate, 3) is the proposed
>
> action legitimate.
>
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <
> council at gnso.icann.org> wrote:
>
> Dear All,
>
>
>
> Following the Council’s adoption of the CCOICI’s WS2 Recommendations
> Report, the staff support team has worked on:
>
>
>
> *“In relation to 3 (Framework of Interpretation for Human Rights), the
> GNSO Council directs GNSO Staff Support to work on a proposed
> implementation of the recommendations, consulting relevant community
> experts as needed. This proposed implementation is to be reviewed and
> approved by the GNSO Council before implementation”;*
>
>
>
> As a result, you will find attached updated versions of:
>
>
>
>    - The request for an Issue Report template;
>    - The Preliminary Issue Report template (proposed updates on page
>    6-7);
>    - The PDP WG Charter Template (proposed updates on page 2-3), and;
>    - The PDP WG Initial Report template (proposed updates on page 7).
>
>
>
> Each of these documents have been updated with a set of check-list
> questions that, as recommended by the CCOIC would provide a lightweight
> mechanism to assess whether an impact to human rights is likely or expected
> as a result of the consideration of a specific topic and/or the related
> recommendations. Flagging potential impact on human rights at an early
> stage in the process will assist in focusing attention on this topic
> throughout the deliberations as well as allowing for a more detailed human
> rights impact assessment, if an impact is expected or established.
>
>
>
> As you may note, a link is provided to a resource page that is managed by
> ICANN org where additional materials are available that may aid both staff
> as well as community in its consideration of the potential impact on human
> rights (see https://community.icann.org/x/RAPCCw). As further materials
> are developed, for example, work is underway on an ICANN Learn training
> on inclusion which is expected to present examples of protected groups,
> these will get added.
>
>
>
> It is also important to keep in mind that these documents are templates –
> it does not prevent further elaboration and/or guidance if deemed necessary
> either by Council or community working groups.
>
>
>
> A special thanks to Ephraim Percy Kenyanito for the original input he
> provided to the CCOICI as well as his review of and feedback on these
> templates.
>
>
>
> Please provide any comments or suggestions you may have *by 7 June at the
> latest*. If additional time is needed, please do not hesitate to let us
> know as well.
>
>
>
> Best regards,
>
>
>
> Ariel, Julie and Marika
>
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