So I take it you are volunteering as rapporteur for the proposed subgroup, Ed? :) Best, Sabine Von: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] Im Auftrag von Edward Morris Gesendet: Freitag, 31. Juli 2015 14:58 An: Mathieu.Weill@afnic.fr; accountability-cross-community@icann.org Betreff: Re: [CCWG-ACCT] Human rights - way forward Perfect. Thank you. Congratulations. Amazed. Happy. Historic. Best, Ed ________________________________ From: "Mathieu Weill" <mathieu.weill@afnic.fr<mailto:mathieu.weill@afnic.fr>> Sent: Friday, July 31, 2015 12:50 PM To: "accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>" <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Subject: [CCWG-ACCT] Human rights - way forward 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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill ***************************** _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

I look forward to serving on this subgroup also. Thanks, Robin On Jul 31, 2015, at 8:21 AM, McAuley, David wrote:

I would be happy to serve on the group as well.

David McAuley

-----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Avri Doria Sent: Friday, July 31, 2015 11:15 AM To: accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] Human rights - way forward

hi,

Thank you.

Contrary to my often proclaimed policy of no more volunteering at ICANN, I would be happy to serve on that subgroup.

I am in the process of collecting all of the various forms of the bylaws phrase that have been submitted an will send it to the list.

avri

On 31-Jul-15 13:49, Mathieu Weill 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.

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I would certainly wish to be included as well. Nigel On 31/07/15 16:15, Avri Doria wrote:

hi,

Thank you.

Contrary to my often proclaimed policy of no more volunteering at ICANN, I would be happy to serve on that subgroup.

I am in the process of collecting all of the various forms of the bylaws phrase that have been submitted an will send it to the list.

avri

On 31-Jul-15 13:49, Mathieu Weill 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.

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Thank you Co-Chairs. I would also like to serve on that subgroup - thanks. On 7/31/2015 4:15 PM, Avri Doria wrote:

hi,

Thank you.

Contrary to my often proclaimed policy of no more volunteering at ICANN, I would be happy to serve on that subgroup.

I am in the process of collecting all of the various forms of the bylaws phrase that have been submitted an will send it to the list.

avri

On 31-Jul-15 13:49, Mathieu Weill 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.

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-- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 (0)771 247 2987

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@afnic.fr<mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

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_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

I second Robins support. -James ________________________________________ From: accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org> on behalf of Robin Gross <robin@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@afnic.fr<mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

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_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

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+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@icann.org <accountability-cross-community-bounces@icann.org> on behalf of Robin Gross <robin@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@afnic.fr<mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

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_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

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-- Dr Paul Twomey Managing Director Argo P@cific US Cell: +1 310 279 2366 Aust M: +61 416 238 501 www.argopacific.com

Completely agree. And as mentioned during our last call, I am wary of creating any explicit or implicit mechanism of enforcement these via commercial contracts. Sent via iPhone. Blame Siri.

On Jul 31, 2015, at 07:14, Drazek, Keith <kdrazek@verisign.com> wrote:

I agree with Paul's concerns.

Keith

...

On Jul 31, 2015, at 1:07 PM, Paul Twomey <paul.twomey@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@icann.org <accountability-cross-community-bounces@icann.org> on behalf of Robin Gross <robin@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@afnic.fr<mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

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-- Dr Paul Twomey Managing Director Argo P@cific

US Cell: +1 310 279 2366 Aust M: +61 416 238 501

http://www.argopacific.com

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+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@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@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@icann.org < accountability-cross-community-bounces@icann.org> on behalf of Robin Gross <robin@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@afnic.fr <mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto: Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

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-- Dr Paul Twomey Managing Director Argo P@cific

US Cell: +1 310 279 2366 Aust M: +61 416 238 501

www.argopacific.com

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-- Jordan Carter Chief Executive *InternetNZ* +64-495-2118 (office) | +64-21-442-649 (mob) Email: jordan@internetnz.net.nz Skype: jordancarter *A better world through a better Internet *

I would like to do that as well please. Stephanie Perrin On 2015-08-01 2:56, Seun Ojedeji wrote:

On Fri, Jul 31, 2015 at 11:19 PM, Jordan Carter <jordan@internetnz.net.nz <mailto:jordan@internetnz.net.nz>> wrote:

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.

+1 like to have such status as well ;-)

Cheers!

Jordan

On 1 August 2015 at 05:15, Malcolm Hutty <malcolm@linx.net <mailto:malcolm@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@argopacific.com <mailto:paul.twomey@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@icann.org <mailto:accountability-cross-community-bounces@icann.org> <accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org>> on behalf of Robin Gross <robin@ipjustice.org <mailto:robin@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@afnic.fr <mailto:mathieu.weill@afnic.fr><mailto:mathieu.weill@afnic.fr <mailto:mathieu.weill@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 <tel:%2B33%201%2039%2030%2083%2006> >>>> mathieu.weill@afnic.fr <mailto:mathieu.weill@afnic.fr><mailto:mathieu.weill@afnic.fr <mailto:mathieu.weill@afnic.fr>> >>>> Twitter : @mathieuweill >>>> ***************************** >>>> >>>> _______________________________________________ >>>> Accountability-Cross-Community mailing list >>>> Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org><mailto:Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org>> >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community >>>> >>>> >>>> >>>> _______________________________________________ >>>> Accountability-Cross-Community mailing list >>>> Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community >>> _______________________________________________ >>> Accountability-Cross-Community mailing list >>> Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> >>> https://mm.icann.org/mailman/listinfo/accountability-cross-community >> _______________________________________________ >> Accountability-Cross-Community mailing list >> Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> >> https://mm.icann.org/mailman/listinfo/accountability-cross-community > > -- > Dr Paul Twomey > Managing Director > Argo P@cific > > US Cell: +1 310 279 2366 <tel:%2B1%20310%20279%202366> > Aust M: +61 416 238 501 <tel:%2B61%20416%20238%20501> > > www.argopacific.com <http://www.argopacific.com> > > _______________________________________________ > Accountability-Cross-Community mailing list > Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> > https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

-- Jordan Carter

Chief Executive *InternetNZ*

+64-495-2118 (office) | +64-21-442-649 <tel:%2B64-21-442-649> (mob) Email: jordan@internetnz.net.nz <mailto:jordan@internetnz.net.nz> Skype: jordancarter

/A better world through a better Internet /

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

/Seun Ojedeji, Federal University Oye-Ekiti web: http://www.fuoye.edu.ng Mobile: +2348035233535 //alt email:<http://goog_1872880453>seun.ojedeji@fuoye.edu.ng <mailto:seun.ojedeji@fuoye.edu.ng>/

The key to understanding is humility - my view !

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I would also like to be subscribed to the mailing list as an observer. Thanks Konstantinos Dr. Konstantinos Komaitis Senior Policy Advisor The Internet Society On Aug 3, 2015, at 4:00 PM, Martin Boyle <Martin.Boyle@nominet.org.uk<mailto:Martin.Boyle@nominet.org.uk>> wrote: I would also like to observe, please. From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Jordan Carter Sent: 31 July 2015 23:19 To: Malcolm Hutty Cc: accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org> Subject: Re: [CCWG-ACCT] Human rights - way forward +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@linx.net<mailto:malcolm@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@argopacific.com<mailto:paul.twomey@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@icann.org<mailto:accountability-cross-community-bounces@icann.org> <accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org>> on behalf of Robin Gross <robin@ipjustice.org<mailto:robin@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@afnic.fr<mailto:mathieu.weill@afnic.fr><mailto:mathieu.weill@afnic.fr<mailto:mathieu.weill@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<tel:%2B33%201%2039%2030%2083%2006> mathieu.weill@afnic.fr<mailto:mathieu.weill@afnic.fr><mailto:mathieu.weill@afnic.fr<mailto:mathieu.weill@afnic.fr>> Twitter : @mathieuweill *****************************

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-- Dr Paul Twomey Managing Director Argo P@cific

US Cell: +1 310 279 2366<tel:%2B1%20310%20279%202366> Aust M: +61 416 238 501<tel:%2B61%20416%20238%20501>

www.argopacific.com<http://www.argopacific.com/>

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Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@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@internetnz.net.nz<mailto:jordan@internetnz.net.nz> Skype: jordancarter A better world through a better Internet _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

Kimberley I'd be obliged if you'd add Konstantinos and Wolfgang to the WP4 list. Many thanks. Nigel --

Nigel, Brenda, please include me as well, thanks, Erika Sent from my iPhone

On 07 Sep 2015, at 16:49, Nigel Roberts <nigel@channelisles.net> wrote:

Kimberley

I'd be obliged if you'd add Konstantinos and Wolfgang to the WP4 list.

Many thanks.

Nigel -- <Re: [CCWG-ACCT] Human rights - way forward.eml> <Re: [CCWG-ACCT] Human rights - way forward.eml> _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

Paul, I understand Keith opposition to extending ICANN's mission, to mean ICANN treat whoever it deals with (such as staff, constituents, (directly) affected parties and the like) by respecting the fundamental rights. And this is exactly what I want/mean. el -- Sent from Dr Lisse's iPad mini

On Jul 31, 2015, at 18:01, Paul Twomey <paul.twomey@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@icann.org <accountability-cross-community-bounces@icann.org> on behalf of Robin Gross <robin@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@afnic.fr<mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

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-- Dr Paul Twomey Managing Director Argo P@cific

US Cell: +1 310 279 2366 Aust M: +61 416 238 501

www.argopacific.com

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

Absolutely agree with Paul. We need to take ICANN far from the political fights to keep it focused on its mission. -------------------------------------------------------------------------------- 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 -------------------------------------------------------------------------------- -----Message d'origine----- De : accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] De la part de Paul Twomey Envoyé : vendredi 31 juillet 2015 18:01 À : accountability-cross-community@icann.org Objet : Re: [CCWG-ACCT] Human rights - way forward +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@icann.org <accountability-cross-community-bounces@icann.org> on behalf of Robin Gross <robin@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@afnic.fr<mailto:mathieu.weill@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@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

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-- Dr Paul Twomey Managing Director Argo P@cific US Cell: +1 310 279 2366 Aust M: +61 416 238 501 www.argopacific.com _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community --- L'absence de virus dans ce courrier électronique a été vérifiée par le logiciel antivirus Avast. http://www.avast.com

Hi all, I just sent a final freeze version in response to Greg¹s comment, but I had missed Keith¹s feedback. Attached is the updated freeze version. Thank you, Grace From: <accountability-cross-community-bounces@icann.org> on behalf of Keith Drazek <kdrazek@verisign.com> Date: Friday, July 31, 2015 at 11:24 AM To: Mathieu Weill <mathieu.weill@afnic.fr> Cc: Accountability Cross Community <accountability-cross-community@icann.org> Subject: Re: [CCWG-ACCT] Human rights - way forward 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@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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

Hi Eberhard, We are unifying the formatting in each section and pulling together the compiled document. Once everything is ready and formatted, we will send out the fully compiled document. For now, you can view each finalized section (and the formatted ones where available) here: https://community.icann.org/x/pKs0Aw. We keep this Wiki page up to date with our work progress. Best, Grace From: <accountability-cross-community-bounces@icann.org> on behalf of Eberhard Lisse <el@lisse.NA> Date: Saturday, August 1, 2015 at 1:49 AM To: Accountability Cross Community <accountability-cross-community@icann.org> Cc: "directors@omadhina.net" <directors@omadhina.net> Subject: Re: [CCWG-ACCT] Human rights - way forward Thanks for your hard work. Where can I find the final, frozen, complete proposal? el -- Sent from Dr Lisse's iPad mini On Aug 1, 2015, at 01:05, Grace Abuhamad <grace.abuhamad@icann.org> wrote:

Hi all,

I just sent a final freeze version in response to Greg¹s comment, but I had missed Keith¹s feedback. Attached is the updated freeze version.

Thank you, Grace

From: <accountability-cross-community-bounces@icann.org> on behalf of Keith Drazek <kdrazek@verisign.com> Date: Friday, July 31, 2015 at 11:24 AM To: Mathieu Weill <mathieu.weill@afnic.fr> Cc: Accountability Cross Community <accountability-cross-community@icann.org> Subject: Re: [CCWG-ACCT] Human rights - way forward

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@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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community <Principles_3107_v2.docx> <Principles_3107_v2_redline.docx> <Principles_3107_v2_redline.pdf> <Principles_3107_v2.pdf>

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Hi, I also see nothing in this to suggest or even hint, at broadening the mission. In fact I think the commitment is a value statement not a mission statement. It is about how we work, not what work we do. We are not a human rights organizations, nor could we ever become on. We are just company that within its mission has had an unspoken value of respect for human rights backed up by a knowledge that the NTIA, as part of the US human rights Duty Bearer, would have kept us in check. That now needs to assert the value for ourselves. As corporation without USG oversight, we need to take responsibility for ourselves. Really nothing should change except that instead of tacitly depending on Uncle Sam for our values, we will have to rely on our own commitment to our values. avri On 01-Aug-15 10:19, Thomas Rickert wrote:

Keith, let me confirm that I heard no one suggesting ICANN’s mission should be broadened, while I have heard multiple statements confirming exactly what your understanding is, i.e. that the question of HR is related to ICANNs mission.

I have no reason to believe that the sub team will deviate from that understanding, but it is good of you ask for a clarification on the record.

Thomas

...

Am 31.07.2015 um 17:24 schrieb Drazek, Keith <kdrazek@verisign.com <mailto:kdrazek@verisign.com>>:

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@afnic.fr <mailto:mathieu.weill@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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr <mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

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+1 on the intent of your mail, but at the same time adding just a general statement on human right may not avoid scope widening. As you have rightly put it, refining the human right text in line with "how ICANN works" would indeed ensure a clear and unambiguous future for ICANN. It's not something we can afford not to properly and clearly document as we may not always have an Avri to remind us of the motives behind formerly introducing HR text in ICANN governing documents. Good luck to the sub-group working on this. Regards On 1 Aug 2015 12:25 pm, "Avri Doria" <avri@acm.org> wrote:

Hi,

I also see nothing in this to suggest or even hint, at broadening the mission. In fact I think the commitment is a value statement not a mission statement. It is about how we work, not what work we do. We are not a human rights organizations, nor could we ever become on. We are just company that within its mission has had an unspoken value of respect for human rights backed up by a knowledge that the NTIA, as part of the US human rights Duty Bearer, would have kept us in check. That now needs to assert the value for ourselves. As corporation without USG oversight, we need to take responsibility for ourselves.

Really nothing should change except that instead of tacitly depending on Uncle Sam for our values, we will have to rely on our own commitment to our values.

avri

On 01-Aug-15 10:19, Thomas Rickert wrote:

...

Keith, let me confirm that I heard no one suggesting ICANN’s mission should be broadened, while I have heard multiple statements confirming exactly what your understanding is, i.e. that the question of HR is related to ICANNs mission.

I have no reason to believe that the sub team will deviate from that understanding, but it is good of you ask for a clarification on the record.

Thomas

...

Am 31.07.2015 um 17:24 schrieb Drazek, Keith <kdrazek@verisign.com <mailto:kdrazek@verisign.com>>:

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@afnic.fr <mailto:mathieu.weill@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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr <mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

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Matheiu I have mentioned my views before I still maintain that I proposed to just recognized the importance of HR in the Bylaws and indicate that IUCANN must in performing it mission recognize that as an fundamental issue . However, the TEXT of Keith does not cover the case totally as Human Rights is not limited to the Freedom of Expression without respecting the rights of others, .It does not cover other fundamental rights such as right to education, rights to asylum, rights to be treated without discrimination ,rights of fair judgment. That text is incomplete and should not include . The texts of Grec and that of mine are the minimum Pls kindly and diligently consider that Regards Kavouss 2015-07-31 20:20 GMT+02:00 Greg Shatan <gregshatanipc@gmail.com>:

There are a few points in this thread I would like to respond to.

First, I volunteer for this subgroup.

Second, I agree with Keith's addition to the language, for the reasons stated above.

Third, I think the approach taken by the Co-Chairs is a good one, and I support that.

Fourth, there is one element in the newly proposed additional text which really must be changed. It is the list of "requirements," being presented as if these are agreed text:

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

There was no agreement or consensus that these are "requirements." They are reasons offered during the discussions by those who wanted language (or particular language) included. I do not object to the first (because it's a statement of fact, and presented as such, and is not being used as an argument for particular text (to which I object)) or the third (because I agree with it, and it does not exclude other types of impact assessment).

However, I have to object to the second "requirement." I've only seen this mentioned by one or two people and it has not even been seriously discussed on the list or on any call in relation to the Human Rights commitment. More to the point, I do not think that this point is a reason why we should have Human Rights language in the Bylaws and I object to the linkage being enshrined in this document. There are types of content control that clearly implicate Human Rights concerns and others that do not (indeed there are those that are consistent with and uphold fundamental Human Rights). ICANN's relationship to "content regulation" is not *per se* a Human Rights issue.

If we had time, I might make a broad demand regarding this section, which would be followed by discussion and most likely a compromise. Since we don't have time, I will start with the compromise, which removes no text (even text I disagree with). It simply revises the introduction so there is no implication that this is an agreed list of "requirements":

In these discussions, some participants raised the following as accountability-related reasons for including a commitment to fundamental Human Rights in the Bylaws: :

I can live with this in the text without further comment. Please make this change. Thank you.

Greg Shatan

On Fri, Jul 31, 2015 at 1:22 PM, Carlos Raul Gutierrez <crg@isoc-cr.org> wrote:

...

++++++++++++1

Carlos Raúl Gutiérrez ISOC Costa Rica Chapter skype carlos.raulg +506 8837 7176 (New Phone number!!!!) ________ Apartado 1571-1000 COSTA RICA

On Fri, Jul 31, 2015 at 5:49 AM, Mathieu Weill <mathieu.weill@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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

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Dear All I strongly disagree with the first text in particular to reference NTIA which implicitly subordinate an independent Group like CCWG to a particular entity I could leave with the second text as suggested by Grec Kavouss Sent from my iPhone

On 2 Aug 2015, at 07:59, Einhorn, David A. <deinhorn@bakerlaw.com> wrote:

I volunteer for this subgroup as well.

Regards.

David Einhorn

From: Greg Shatan [mailto:gregshatanipc@gmail.com] Sent: Friday, July 31, 2015 02:20 PM To: Carlos Raul Gutierrez <crg@isoc-cr.org> Cc: accountability-cross-community@icann.org <accountability-cross-community@icann.org> Subject: Re: [CCWG-ACCT] Human rights - way forward

There are a few points in this thread I would like to respond to.

First, I volunteer for this subgroup.

Second, I agree with Keith's addition to the language, for the reasons stated above.

Third, I think the approach taken by the Co-Chairs is a good one, and I support that.

Fourth, there is one element in the newly proposed additional text which really must be changed. It is the list of "requirements," being presented as if these are agreed text:

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

There was no agreement or consensus that these are "requirements." They are reasons offered during the discussions by those who wanted language (or particular language) included. I do not object to the first (because it's a statement of fact, and presented as such, and is not being used as an argument for particular text (to which I object)) or the third (because I agree with it, and it does not exclude other types of impact assessment).

However, I have to object to the second "requirement." I've only seen this mentioned by one or two people and it has not even been seriously discussed on the list or on any call in relation to the Human Rights commitment. More to the point, I do not think that this point is a reason why we should have Human Rights language in the Bylaws and I object to the linkage being enshrined in this document. There are types of content control that clearly implicate Human Rights concerns and others that do not (indeed there are those that are consistent with and uphold fundamental Human Rights). ICANN's relationship to "content regulation" is not per se a Human Rights issue.

If we had time, I might make a broad demand regarding this section, which would be followed by discussion and most likely a compromise. Since we don't have time, I will start with the compromise, which removes no text (even text I disagree with). It simply revises the introduction so there is no implication that this is an agreed list of "requirements":

In these discussions, some participants raised the following as accountability-related reasons for including a commitment to fundamental Human Rights in the Bylaws: :

I can live with this in the text without further comment. Please make this change. Thank you.

Greg Shatan

...

On Fri, Jul 31, 2015 at 1:22 PM, Carlos Raul Gutierrez <crg@isoc-cr.org> wrote: ++++++++++++1

Carlos Raúl Gutiérrez ISOC Costa Rica Chapter skype carlos.raulg +506 8837 7176 (New Phone number!!!!) ________ Apartado 1571-1000 COSTA RICA

...

On Fri, Jul 31, 2015 at 5:49 AM, Mathieu Weill <mathieu.weill@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 général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr Twitter : @mathieuweill *****************************

_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

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