Hi,

Many of us argue that Human Rights is an essential component of any definition of Public Interest.  How can something be in the Public Interest if it contravenes human rights, especially those that are binding upon nations and obligatory for businesses, especially those which are defined as adhering to all applicable international law.

However, we have seen that in arriving at expression of public interest, it is often necessary to balance those human rights, all of which stand equal as human rights, but that have different emphasis in different national regimes, even among those who justifiably can claim an adherence to human rights.

As a organization, ICANN needs to adhere to human rights mandates and needs to do so in the public interest.  It is my understanding that our bottom-up processes are the means by which we determine our understanding of the public interest.  But in doing so, we must always be sure we do not infringe upon human rights.

Just as there are many ways to achieve stability, security and resilience, and we determine that through our bottom-up processes, as modulated through the advice of our experts on security and stability in the SSAC and RSSAC, there are many ways to serve the public interest that need to be determined through adherence to bylaws manadated bottom-up processes and modulated through expert advice on human rights.

So perhaps we should be considering "public interest consistent with human rights."

avri

I

On 18-Feb-15 05:15, Kavouss Arasteh wrote:
Dear All,
We should avoid to be engaged doing
 something that we know would no tangible
 results.
I do not be infavour of replacing public interest 
With anything such as human rights and 
freedom Of expression, acknowledging 
That the latter two issues are very important 
But are quite difficult to limit public interests to 
These two issues
Pls be prudent
Kavouss
    
  

Sent from my iPhone

On 17 Feb 2015, at 22:43, Edward Morris <egmorris1@toast.net> wrote:

I'm a bit confused Tijani.

First, you said you didn't remember the suggestion and now you state the suggestion had no support. As I wasn't able to be in Frankfurt I would appreciate clarification of the status of this worthy idea. I'm personally not a big fan of the generic  term "public interest", finding that in practice "public interest" usually morphs into "personal interest": that is, "the public it is I". I realise that creation of a consensus definition of the public interest is called for in the draft 5 year OP but I do find Robin's idea to be worthy of discussion by the wider WG and thank staff for including it in the summary document.

Best,

Ed

Sent from my iPad

On Feb 17, 2015, at 7:09 PM, Tijani BEN JEMAA <tijani.benjemaa@fmai.org.tn> wrote:

Yes you did in Frankfurt, and there was no support to your suggestion.

 

The “public interest” or the “benefit of the public, not just in the interests of a particular set of stakeholders” had a large support as part of the “CCWG Accountability – Problem definition” document (purposes of ICANN’s accountability, d.)

 

 

--------------------------------------------------------------------------------

Tijani BEN JEMAA

Executive Director

Mediterranean Federation of Internet Associations (FMAI)

Phone:  + 216 41 649 605

Mobile: + 216 98 330 114

Fax:       + 216 70 853 376

--------------------------------------------------------------------------------

 

 

 

De : Robin Gross [mailto:robin@ipjustice.org]
Envoyé : mardi 17 février 2015 18:40
À : Tijani BEN JEMAA
Cc : 'Adam Peake'; 'Accountability Cross Community'
Objet : Re: [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5

 

Yes, I made this suggestion.

 

Thanks,

Robin

 

 

On Feb 16, 2015, at 3:54 PM, Tijani BEN JEMAA wrote:



Dear Adam,

 

I may have missed some of the mails exchanged but I don’t remember that it was suggested that the public interest be replaced by human rights and internet freedom.

 

Tijani

 

 

 

-----Message d'origine-----
De : accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] De la part de Adam Peake
Envoyé : lundi 16 février 2015 18:45
À : Accountability Cross Community
Objet : [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5

 

Apologies for the delay sending this summary.  It was sent to the advisors last week.

 

Best,

 

Adam

 

 

 

 

 

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