[SubPro-IRT] Predictability + Freedom of Expression

[Lars Hoffmann]

Dear members of the IRT,

As threatened promised on Thursday, attached are two flow charts on the predictability framework (‘change initiation’ and ‘change execution’). The initiation chart, depicts the paths to bring the need for a change to ICANN org. The execution chart depicts the processes of how to implement a change using the predictability framework. As you will see, the latter splits into three flows (two of which are interconnected), so, I propose to walk the group through it during tomorrow’s IRT call (Tuesday, 25 July 20 UTC<https://community.icann.org/x/x4_ZDg>).


In addition, I have attached draft AGB language for Topic 10: Freedom of Expressions, and I wanted to share some context around the draft.


 You will note that we propose to keep the text compact. To our knowledge, the previous round did not provide any evidence of an infringement of an applicant's freedom of expression and the Final Report’s Affirmation 10.1 highlights the PDP WG’s continued support for the policy principles employed by ICANN during the last round.

In terms of the Rationale for 10.1 and 10.2, we acknowledge the PDP WG's advice to ensure that human rights considerations are reflected in ICANN's processes. ICANN continues to consider how to reflect human rights considerations within its processes and in line with its Bylaws' mandate. That does not always necessitate that specific human rights-related considerations are called out within those processes. Based on this understanding, we propose that no substantial updates to the 2012 processes are necessary for the upcoming round.

We acknowledge the PDP WG’s desire, expressed in 10.2, for greater consideration of Freedom of Expression rights in the next round, with regards to enhancing evaluation guidance for third-party examiners. To address this, we intend to consider updating guidance as needed during the implementation work on the objection processes (Topic 31).

With that in mind, we would greatly appreciate your feedback on the proposed approach during tomorrow’s IRT call<https://community.icann.org/x/x4_ZDg>.

Thank you and best wishes,
Lars



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