April 2015 - cc-humanrights

session descriptions for ICANN53 BA
by Niels ten Oever May 11, 2015

May 11, 2015

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Dear all, Rafik and I have requested two meetings for ICANN53 in Buenos Aires: one general session to raise awareness around this issue and present our work, and one working session. We have been a bit late in submitting session descriptions, so it would be greatly appreciated if you could comment on these descriptions as soon as possible. Session 1 - ICANNs Corporate and Social Responsibility to Respect Human Rights There is a growing recognition in parts of the ICANN community that some of ICANN’s policies and other actions have implications for human rights like freedom of expression and the right to privacy. In ICANNs articles of incorporation it's stated that ICANN will operate in conformity with international law, which includes human rights law. This session will focus on how ICANNs policies and procures can be better harmonized with internationally recognized human rights and corporate social responsibility standards. This session will present the work done in the framework of the cross community working party on ICANNs Corporate and Social Responsibility to Respect Human Rights and builds on the sessions held London, Los Angeles, and Singapore and the previous reports that were produced on this topic. Session 2 - Working session of Cross Community Working Party on ICANNs Corporate and Social Responsibility to Respect Human Rights This cross community working party (CCWP) seeks to map and understand the issues and potential solutions related to corporate and social responsibilities of the Internet Corporation for Assigned Names and Numbers (ICANN), and this related, but not limited to policies, procedures and operations, it particularly focuses on ICANNs responsibility to respect human rights. This sessions will facilitate dialogue between members of the community that have an interest in this topic and will discuss in depth the research that has been done and will discuss the future work of the CCWP as well as the new charter and report. Thanks in advance, Niels - -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.19 (GNU/Linux) iQEcBAEBAgAGBQJVPda8AAoJEAi1oPJjbWjpZKwH/3EczQdXRstR8bRjK/Z5Mw4S KZY9ZzizV7WgWeZmD6bqJ5R8U5SYF5HiQapuCk1p9SSibXCcJ+P2ddQaySHpqedL 80MgwuR7RmWNp1tM2RZRWMp+wqIUd5fl4/g9FCqwMBaSlFCICliWeWJ1W9ONI9iO emr1FnPPs01NUiWn9gYHF+z0Rsme2uUvHw+I79Fk66GwrSU/XKB4TqYKZhS9XtNs yRhEobukHEWRKe0oQkDvwF4D7ejFBxEsyCuhROZ/bovn4GlbWQpbyalWGvHkR7Xc Pgs9LpcTtaOZryoJ/itqnPNOOC+6EAYsR9/8RVVvyvGeeeO7dutl1XQ0OJ34AGs= =NirK -----END PGP SIGNATURE-----

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Re: [cc-humanrights] Initial CSR-HR Research OUTLINE Proposal
by Marilia Maciel May 7, 2015

May 7, 2015

Dear Monika, Sorry for the delayed feedback. I find a bit hard to make very concrete comments on the outline at the current stage because the topics are mentioned in broad terms, so the actual content could take different directions. Maybe as the writing evolves you could fill the outline with bullet points that show the progression of your arguments. At this point, the overview looks great and very connected to what we need in this particular moment. It was clear from the discussion of the charter that there is room for building knowledge and understanding of what CSR and a human rights approach mean in ICANN. Please see some very general and initial comments below. > *Corporate and Social Responsibility to Respect Human Rights: Practical Recommendations > for ICANN * > > > 1. Introduction > > 2. The Internet Specific CSR- HR Considerations > I would just be careful not to be caught between the narratives of an "exceptionalism" of the Internet and the approach that says the Internet is just new wine in old bottles. > > 3. Learning from Others: How the Human Rights Policies Have Been > Implemented in Other Organizations > Great point to help us move forward. Which orgs do you have in mind? > > 3.1.Insights from IHRB Report & Sample HR Policies > 3.2. Insights on CSR-HR as they relate to > > a) freedom of expression > > b) data protection and privacy > Would "a" and "b" be the sample policies mentioned above, which would be analyzed/compared accross different organizations? > 3.3.Internet specific CSR_HR initiates/projects, each as, e.g., Silicon > Valley Standard, Global Network Initiative > An interesting initiative that I came accross recently was the Center for information Policy Leadership (CIPL) http://www.informationpolicycentre.com/, a think tank composed by members of large companies (not all, but many of them related to the Internet scenario, such as Google, IBM, Apple, FB. The general goal seems to be to create knowledge and good practices that would support better policy development. One important focus of their work is privacy. > 3.4. Lessons for ICANN > > 4. Fitting CHR-HR mechanisms/policies into ICANN Context/Policy process; > > 4. 1. Short-term/ad hoc measures > 4. 2. Long-term continuous procedures/mechanisms in place > Is it possible to do 4.2 at this stage and without a careful mapping of the issues and weak points in terms of procedure in ICANN? It seems to me that topic 5 (below) is a precondition to 4.2 and maybe to 4.3. > > 4. 3. HR impacts assessments & how that could be implemented in > ICANN. > > 5. Examples of/Potential Areas/Policies Where CSR-HR Needs to Be > Implemented > > This could include one or both: > 5.1. Some broad naming of problematic areas; and/or > 5.2. Closer look/case study on specific policy (e.g., the UDRP - to > go to, e.g., in the Annex?); > Both would be relevant. I miss a careful look on procedural aspects that could help to identify the best procedural moments and mechanisms to intervene. That would require someone with very strong knowledge of ICANN´s procedures. > > 6. Conclusions/Recommendations > > > Thank you Monika. This will be great. Looking forward! Cheers! Marília > > Will be waiting for Your ideas and suggestions, > > > Best wishes > > > > ---- > > Dr. Monika Zalnieriute > > C I H R : Centre for Internet & Human Rights I > a: Mittelweg 50, 12053 Berlin, Germany I > e: monika.zalnieriute(a)eui.eu I > p: +37062852809 | > w: cihr.eu I > > Z E P H I R O : Progressive Platform for Human Rights I > a: Vilnius Str. 14 - 7, LT – 01402, Vilnius, Lithuania | > f: www.facebook.com/zephiroplatform | > w: zephiroplatform.wix.com/main | > e: zephirplatform(a)gmail.com | > p: +37062852809 | > > > > > > > > > > > The information transmitted is intended only for the person or entity to > which it is addressed and may contain confidential and/or privileged > material. Any review, retransmission, dissemination, distribution, > forwarding, or other use of, or taking of any action in reliance upon, this > information by persons or entities other than the intended recipient is > prohibited without the express permission of the sender. If you received > this communication in error, please contact the sender and delete the > material from any computer. > > _______________________________________________ > cc-humanrights mailing list > cc-humanrights(a)icann.org > https://mm.icann.org/mailman/listinfo/cc-humanrights > > -- *Marília Maciel* Pesquisadora Gestora - Centro de Tecnologia e Sociedade - FGV Direito Rio Researcher and Coordinator - Center for Technology & Society - FGV Law School http://direitorio.fgv.br/cts DiploFoundation associate - www.diplomacy.edu PoliTICs Magazine Advisory Committee - http://www.politics.org.br/ Subscribe "Digital Rights: Latin America & the Caribbean" - http://www.digitalrightslac.net/en

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Last call for CCWP charter
by Niels ten Oever April 22, 2015

April 22, 2015

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Dear all, We had some time to comment the charter text for the Cross Community Working Part on ICANN and Human Rights both on this list and in the call, I would like to propose that we leave the text (as put underneath) open for comment for one more week and then work with this charter and go ahead do some research before the Buenos Aires meeting. I'm greatly looking forward to your questions, suggestions and comments and to hopefully come to consensus by Tuesday next week. Best, Niels Background: This cross community working party (CCWP) seeks to map and understand the issues and potential solutions for the impact that policies, procedures and operations of the Internet Corporation for Assigned Names and Numbers (ICANN) have on human rights. In particular it focuses on the corporate responsibility of ICANN to respect human rights. It builds on a long term community engagement on this topic, further catalysed with the publication of the paper 'ICANN's procedures and policies in the light of human rights, fundamental freedoms and democratic values', as commissioned by the Council of Europe, and after sessions held in London, Los Angeles and Singapore. It seeks to improve ICANN's measures to respect human rights, in accordance with article 4 of ICANN's articles of incorporation. Objective: The CCWP on ICANN and Human Rights would have the purpose to raise awareness, provide information, facilitate dialogue and make suggestions to the ICANN community on ways to better harmonize ICANN’s policies and procedures with internationally recognized human rights standards, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The working party will focus on human rights that are directly impacted by ICANN policy decisions, procedures and operations. Responsibilities and scope of work: (i) To continue the process of raising awareness about the interplay between ICANN’s policies, procedures and operations and human rights; (ii) To map and collect information from the community about cases as well as current ICANN policies,procedures and operations that present an impact on human rights in which further guidance on how to harmonize policies and procedures with human rights would be necessary;; (iii) To develop guidelines for the procedures that are in place or that should be created in the policy development process to ensure the respect for human rights; (iv) To provide information, suggestions and recommendations to the chartering organizations and to the broader ICANN community on how ICANN’s policies and procedures can be developed and implemented consistent with internationally recognized human rights standards. This input can inform the policy development processes as defined in the ICANN Bylaws. (v) To propose procedures and mechanisms with the aim of producing assessments on if and how policies and procedures under development and/or being implemented may impact on human rights. (vi) Draft Position Papers and Statements as deemed appropriate (vii) To carry out further discussions about the pertinence and timing for the creation of a cross-community working group on this issue. Membership The membership of the Working Party on ICANN and Human Rights is proposed to include members representing the diversity of the ICANN community. The Working Party will serve as a focal point for the discussion, knowledge dissemination and communication about the impact of ICANN's policies and procedures on Human Rights Its activities will be conducted in an open and fully transparent manner. - -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.19 (GNU/Linux) iQEcBAEBAgAGBQJVGzT9AAoJEAi1oPJjbWjpnF8H+wRwO9Yhf3ugquccQ/qu9FpH gPSStP7wIKCvRM0DjDIVN5Y1C8h/yvBy4sLdUUb5PLBwHKTOn5Ef7cS5PnZlNfQv KhxfypaTySavtuduj7oaP7x84QKT+57XPvGtjXjZNFYLzf4YlUixNqQPEoOoFLcZ J3s4mKM0hSqP2NjUuSx2CiN1ygiioU1g3F9Pe/GsUA6wyxQgYcrXozS9uZy+o1n5 uDyPa16WoCRuVPBrHkDYMKUQ6ds6CtaDxr19UPjE2j+fNvm6enl33ipJObUeeVtd Tt+t7cqdtQ5u+d6xRSLDgCp8ZMihf50XPdlY4KmYqV2KLMA4eCNG0/aRCjpI1K4= =8S5t -----END PGP SIGNATURE-----

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Initial CSR-HR Research OUTLINE Proposal
by Zalnieriute, Monika April 15, 2015

April 15, 2015

Hello everyone, Sorry, for posting once again, but I thought its worth changing the title of the e-mail. As we are about to start writing a new research paper/report for ICANN 53 together with Niels and Article 19 , it would be great if You could comment and suggest what could be added/deleted from the initial draft OUTLINE and propose the potential length & title for the paper. Se my initial proposal below, and all are welcome to make suggestions: *Corporate and Social Responsibility to Respect Human Rights: Practical Recommendations for ICANN * 1. Introduction 2. The Internet Specific CSR- HR Considerations 3. Learning from Others: How the Human Rights Policies Have Been Implemented in Other Organizations 3.1.Insights from IHRB Report & Sample HR Policies 3.2. Insights on CSR-HR as they relate to a) freedom of expression b) data protection and privacy 3.3.Internet specific CSR_HR initiates/projects, each as, e.g., Silicon Valley Standard, Global Network Initiative 3.4. Lessons for ICANN 4. Fitting CHR-HR mechanisms/policies into ICANN Context/Policy process; 4. 1. Short-term/ad hoc measures 4. 2. Long-term continuous procedures/mechanisms in place 4. 3. HR impacts assessments & how that could be implemented in ICANN. 5. Examples of/Potential Areas/Policies Where CSR-HR Needs to Be Implemented This could include one or both: 5.1. Some broad naming of problematic areas; and/or 5.2. Closer look/case study on specific policy (e.g., the UDRP - to go to, e.g., in the Annex?); 6. Conclusions/Recommendations Will be waiting for Your ideas and suggestions, Best wishes ? ---- Dr. Monika Zalnieriute C I H R : Centre for Internet & Human Rights I a: Mittelweg 50, 12053 Berlin, Germany I e: monika.zalnieriute(a)eui.eu I p: +37062852809 |? w: cihr.eu I Z E P H I R O : Progressive Platform for Human Rights I a: Vilnius Str. 14 - 7, LT - 01402, Vilnius, Lithuania | f: www.facebook.com/zephiroplatform | w: zephiroplatform.wix.com/main | e: zephirplatform(a)gmail.com | p: +37062852809 | The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, distribution, forwarding, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited without the express permission of the sender. If you received this communication in error, please contact the sender and delete the material from any computer.

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Re: [cc-humanrights] cc-humanrights Digest, Vol 5, Issue 11
by Susan Aaronson April 13, 2015

April 13, 2015

Good job Niels. Thank you. On 4/13/2015 5:25 PM, cc-humanrights-request(a)icann.org wrote: > Send cc-humanrights mailing list submissions to > cc-humanrights(a)icann.org > > To subscribe or unsubscribe via the World Wide Web, visit > https://mm.icann.org/mailman/listinfo/cc-humanrights > or, via email, send a message with subject or body 'help' to > cc-humanrights-request(a)icann.org > > You can reach the person managing the list at > cc-humanrights-owner(a)icann.org > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of cc-humanrights digest..." > > > Today's Topics: > > 1. Re: Last call for CCWP charter (Patrik F?ltstr?m) > 2. Re: Last call for CCWP charter (Rafik Dammak) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Mon, 13 Apr 2015 19:34:03 +0200 > From: Patrik F?ltstr?m <paf(a)netnod.se> > To: Niels ten Oever <niels(a)article19.org> > Cc: cc-humanrights(a)icann.org > Subject: Re: [cc-humanrights] Last call for CCWP charter > Message-ID: <9CA00836-377A-41FE-A7C1-B6A72E33C828(a)netnod.se> > Content-Type: text/plain; charset="windows-1252" > > Just to make things clear, I think this is fine. > > This should move forward in the chartering process. > > Patrik > >> On 10 apr 2015, at 11:43, Niels ten Oever <niels(a)article19.org> wrote: >> >> Hello everyone, >> >> I have tried to balance both the comments and text suggestions from >> everyone in the following draft text for the CCWP. I tried to balance >> ICANNs corporate responsibilities, social responsibilities, its impact >> on society and its impact on human rights. >> >> I hope this text is both broad and narrow enough for everyone to work >> with. I'm greatly looking forward to your endorsements, comments >> (preferably with text suggestions), I hope we can make the final >> decision on Tuesday. >> >> Best, >> >> Niels >> >> PS I'm also keeping a pad with the changes here: >> https://etherpad.mozilla.org/icannhr >> >> Background >> >> This cross community working party (CCWP) seeks to map and understand >> the issues and potential solutions related to corporate and social >> responsibilities of the Internet Corporation >> for Assigned Names and Numbers (ICANN), and this related, but not >> limited to policies, procedures and operations, it particularly >> focuses on ICANNs responsibility to respect human rights. It builds on >> a long term community engagement on this topic, further catalyzed with >> the publication of the paper 'ICANN's procedures and policies in the >> light of human rights, fundamental freedoms and democratic values', as >> commissioned by the Council of Europe, and after sessions held in >> London, Los Angeles and Singapore. It seeks to improve ICANN's >> measures to respect human rights in accordance with article 4 of >> ICANN's articles of incorporation and and have established a programme >> for corporate social responsibility. >> >> Objective >> >> The CCWP on ICANNs Corporate and Social Responsibility to Respect >> Human Rights would have the purpose to raise awareness, provide >> information, facilitate dialogue and make suggestions to ICANN the >> corporation and the ICANN community on ways to better harmonize >> ICANN?s policies and procedures with internationally recognized human >> rights and corporate social responsibility standards, such as UN >> Guiding Principles on Business and HUman Rights, the UN Global >> Compact, and the European Commission and International Human Rights >> and Business guidelines on implementation of the UN Guiding Principles >> on Business and Human Rights for the ICT Sector. This specifically in >> the context of the Universal Declaration of Human Rights (UDHR) and >> the International Covenant on Civil and Political Rights (ICCPR). The >> working party will focus on issues related to human rights that are >> directly impacted by ICANN policy decisions, procedures and operations. >> >> Responsibilities and scope of work >> >> (i) To continue the process of raising awareness about the interplay >> between ICANN?s policies, procedures and operations and corporate and >> social responsibility issues, specifically with respect for human rights; >> >> (ii) To map and collect information from the community about cases as >> well as current ICANN policies, procedures and operations that present >> an impact on the respect of human >> rights in which further guidance on how to harmonize policies and >> procedures with increased respect of human rights would be necessary; >> >> (iii) To develop corporate and social responsibility guidelines for >> the procedures that are in place or that should be created in the >> policy development process to ensure specifically, but not limited to, >> the respect for human rights; >> >> (iv) To provide information, suggestions and recommendations to the >> chartering organizations and to the broader ICANN community on how >> ICANN?s policies and procedures can be >> developed and implemented consistent with internationally recognized >> standards. This input can inform the policy development processes as >> defined in the ICANN Bylaws. >> >> (v) To propose procedures and mechanisms with the aim of producing >> assessments on if and how policies and procedures under development >> and/or being implemented may impact on human rights. >> >> (vi) Draft Position Papers and Statements as deemed appropriate >> >> (vii) To carry out further discussions about the pertinence and timing >> for the creation of a cross-community working group on this issue. >> >> The membership of the CCWP on ICANNs Corporate and Social >> Responsibility to Respect Human Rights is proposed to include members >> representing the diversity of the ICANN community. The Working Party >> will serve as a focal point for the CSR discussion, knowledge >> dissemination and communication about the impact of ICANN's policies >> and procedures on corporate and social responsibility, specifically >> related to Human Rights. Its activities will be conducted in an open >> and fully transparent manner. >> >> >> >> >> >> Niels ten Oever >> Head of Digital >> >> Article 19 >> www.article19.org >> >> PGP fingerprint 8D9F C567 BEE4 A431 56C4 >> 678B 08B5 A0F2 636D 68E9 >> >> On 04/06/2015 06:27 PM, Niels ten Oever wrote: >>> On 04/06/2015 06:12 PM, Patrik F?ltstr?m wrote: >>>>> By adding Corporate Social Responsibility to the work of this >>>>> working party we're expanding the scope far beyond human >>>>> rights. Initially we have tried to make the scope smaller by >>>>> only having a look at first generation human rights, and >>>>> predominantly freedom of expression and the right to privacy >>>>> and the impact ICANN has on them. CSR opens up the discussion >>>>> on: The impact of a company on economic, environmental and >>>>> social impacts caused by its everyday activities. These are a >>>>> lot of different things, far beyond what was initially >>>>> envisioned. Ranging from CO2 emisions, travel policy, >>>>> transparency, renumeration, supply chain disclosure, I've been >>>>> having a look at the best practices in CSR-land, and it is >>>>> quite huge: https://www.globalreporting.org/ >>>> Yes, CSR is a VERY broad topic. One must scope it. >>>> >>>>> If we manage to produce a report provuides an analysis and >>>>> recommendations based on the IHRB report [0] that Patrik >>>>> mentioned is, would for me be a perfect outcome of our work, >>>>> but I am curious if people think we should go further. >>>>> >>>>> Patrik mentioned that he wanted to include topics of labor in >>>>> this work, but that seems covered by the UN Guiding Principles >>>>> on Business and Human Rights and are also addressed in the >>>>> IHRB report. >>>> No, I said we COULD do that. >>>> >>>> I agree we must be scoped. >>>> >>>>> So I just want to make sure that our scope is wide enough to >>>>> include everything we want to do, but narrow enough to keep it >>>>> manageable. >>>>> >>>>> Currently I am not 100% sure if we are discussing semantics, >>>>> or issues we want to tackle, it seems we are discussing the >>>>> difference between things that mean the same to me: >>>> To me semantics. >>> Happy to hear this all. Let's work it out :) >>>>> 1. CCWP on ICANN and Human Rights 2. CCWP on ICANNs Corporate >>>>> Responsibility to Respect Human Rights 3. CCWP on ICANN CSR >>>>> issues related to Human Rights >>>>> >>>>> But I think that this has a far wider scope: >>>>> >>>>> 4. CCWP on Corporate Social Responsibility for ICANN >>>>> >>>>> And this email made me want to check with you Patrik if we're >>>>> talking about the same thing: >>>>> >>>>> On 04/05/2015 04:42 PM, Patrik F?ltstr?m wrote: >>>>>> I just do not want this to be a CCWG on Human Rights. It >>>>>> should be on ICANN CSR issues related to Human Rights. >>>>>> >>>>>> And once again, if I am alone in being sensitive on this >>>>>> kind of wording, let me know. Then I rest my case ;-) >>>>> Looking forward to discuss! >>>> So it is [3] above I am asking for, of your four alternatives. >>>> >>>> But I understand the view of Bill that it might be viewed >>>> immediately as "ICANN as the corporation", so I can go with a >>>> name of the CCWG that is as [1]. >>>> >>>> I will have a look at the document you produced online Niels. >>>> >>>> Once again, I am sensitive to "Human Rights" as I very strongly >>>> see Human Rights are agreements between states on what they MUST >>>> do and what they MUST NEVER do. Everyone else is acting in that >>>> context. For example by doing activities that forces States to >>>> change their behavior. Or by acting in a specific way just >>>> because States do misbehave (but one have to do things there >>>> anyway). >>>> >>>> It might have been teachers I have had that hammered this >>>> possibly too drastic view into my brain...but there you are. >>>> >>>> And still, I can view myself be in the minority here. >>>> >>>> Patrik >>>> >>> Very happy to have your voice in this discussion Patrik (isn't >>> human rights all about protecting minorities ;) ). Previously we >>> noticed that as long as we were talking about Human Rights, people >>> thought we were going to have ICANN as an advocacy organizations >>> against torture. Adding 'ICANNs Corporate Responsibility to Respect >>> Human Rights' made things much clearer for many people (and linked >>> it very directly to the UN Guiding Principles on Business and Human >>> Rights). So great to be able to test what is the best language to >>> describe what we want to do. >>> >>> There are indeed different obligations for states (that should >>> protect human rights) and for other actors (that should respect >>> human rights), which is both a responsibility. >>> >>> It's just that CSR has become quite something of a marketing term >>> for a lot of different things, so I would be afraid that it would >>> create more confusion than it would solve. But if you think the >>> opposite, what would you think of: >>> >>> 5. CCWP on ICANNs Corporate Social Responsibility to respect Human >>> Rights ? >>> >>> I think it would help deciding on this before I go edit the >>> document. >>> >>> Finally, Bill: do you think the issue about 'corporate' is more of >>> an issue in CSR than in CR ? Because this was not brought up at >>> the discussion in Singapore even though the title of the session >>> was ICANNs Corporate Responsibility to Respect Human Rights. >>> >>> Looking forward to discuss. >>> >>> Best, >>> >>> Niels >>> >>> >>> >>> _______________________________________________ cc-humanrights >>> mailing list cc-humanrights(a)icann.org >>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>> >> _______________________________________________ >> cc-humanrights mailing list >> cc-humanrights(a)icann.org >> https://mm.icann.org/mailman/listinfo/cc-humanrights >

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Recording & Transcript - ICANN & Human Rights Conference Call | 30 Mar 2015
by Maryam Bakoshi April 1, 2015

April 1, 2015

Dear All, Please find attached and below transcript and recording of ICANN and Human Rights Conference call of Monday 30th March 2015 at 12:00 UTC. Attendees: Niel Ten Oever, Rafik Dammak, Amr Elsadr, Marilia Marciel, Benjamin Akinmoyeje, Jorge Cancio, Concettina Cassa, Chris Lahatte, Nigel Hickson, Alexandra, Lee Hibbard, Matthew Shears, Monika Zalnieruite, Megan Richards, Jean-Jacques Sahel, Stephania Milan, Avri Doria mp3: https://icann.box.com/shared/static/nzq5dx4exy6lrw8iy2wy66s8sp2brjtd.mp3 Chat Transcript: Maryam Bakoshi:Dear all, welcome to the ICANN and Human Rights Call on Monday, 30th March 2015 Benjamin Akinmoyeje:Hello Maryam Maryam Bakoshi:Dear all, please kindly state your name and organization in the chat windon for record purposes Maryam Bakoshi:*window Niels ten Oever - Article19:Tentative agenda is here: Niels ten Oever - Article19:1. Introductions Niels ten Oever - Article19:2. Discussion or objective and scope of the CCWP Niels ten Oever - Article19:3. Discussion of potential research topics Niels ten Oever - Article19:4. Update on related work in other constituencies and workstreams Niels ten Oever - Article19:5. Outreach jorge cancio GAC-Switzerland:Hi all, I'm Jorge Cancio, GAC-Rep for Switzerland Chris LaHatte:good morning/evening nigel hickson:Good afternoon from Geneva HR:good afternoon from Brussels - I will unfortunately have to leave about 14:15 - apologies Niels ten Oever - Article19:Just to make sure everyone has the text of the CCWP draft charter:https://etherpad.mozilla.org/icannhrdraft rafik:hi rafik:how is HR? matthew shears:hello Marilia Maciel:here until the window of the plane closes Marilia Maciel:no sound though HR:I am also here - Megan Richards (European Commission) - my name comes up as HR - I guesss the signin rather than name Amr Elsadr:Hi Megan..., if you like, you can edit your info using the menu at the top-right of the AC window. jorge cancio GAC-Switzerland:the content of the chat just disappeared... Niels ten Oever - Article19:https://etherpad.mozilla.org/icannhrdraft jorge cancio GAC-Switzerland:thanks rafik:Hi Megan, you are welcome :) Niels ten Oever - Article19:https://etherpad.mozilla.org/icannhrdraft Amr Elsadr:Archives of the email list are here: http://mm.icann.org/pipermail/cc-humanrights/ Alexandra:Hi everyone, in listening only mode unfortunately Amr Elsadr:This AC room is audio enabled, so you can use it to speak without dialling into the conference. matthew shears:Is there a ICANN WP template? matthew shears:when we were doing the Charter for the CCWG Accountbaility there was a template - granted it is a WG not WP but just wondered Amr Elsadr:Great. Thanks. Amr Elsadr:Bringing in/recruiting the expertise would be fantastic. jorge cancio GAC-Switzerland:As information under 4: GAC agreed in Singapore to form a working group on human rights and international law jorge cancio GAC-Switzerland:It is now being constituted, with a large number of interested GAC members, and with the work being lead by Peru Amr Elsadr:@Jorge: That's wonderful. Looking fwd to seeing what this WG comes up with. Thanks. matthew shears:i think it will be important to ensure linkages betwen the WP and the WG - maybe it should be written into the charter Amr Elsadr:I see this now in the text on the etherpad, which answers my earlier question: To propose procedures and mechanisms with the aim of producingassessments on if and how policies and procedures under developedand/or being implemented may impact on human rights. Monika Zalnieriute:I am here, I can hear everything, but I am not sure I can speak. Monika Zalnieriute:Do You hear me? Amr Elsadr:@Monika: Click on the phone icon on the top left of the screen. matthew shears:I like the idea of looking at HR in the broader framing of CSR - it might be easier for the SOs and ACs to understand (and be open to) Maryam Bakoshi:@Monika, please give me your number and I will dial out to you Monika Zalnieriute:Ok, I have turned my mic, it should work, Monika Zalnieriute:aha, ok, my phone no +370 6 28 52 809 Maryam Bakoshi:Dialling out to you now Maryam Bakoshi:Yes we can Niels ten Oever - Article19:Yes we can Niels ten Oever - Article19:go ahead Monika Zalnieriute:Ok, so do I speak now? Niels ten Oever - Article19:Yes, pls go ahead Niels ten Oever - Article19:We still don't hear you Monika Monika Zalnieriute:Cool, I hear everything, and I think I agree with Niels matthew shears:aree Niels - we should focus where we add value and focus - for for example on CSR Monika Zalnieriute:I see its pretty much clear that we should focus most of our attention on CSR, Alexandra:It might be useful to look at the Global Network Initiative experience in HR audit Amr Elsadr:@Monika: I'm not entirely convinced that CSR should be the focus. The real need of HR consideration in ICANN is on how the policies affect domain name holders. This is done using the governance mechanisms via the contracts between ICANN and the registries and registrars, as well as the contracts between the registrars and the registrants. Amr Elsadr:I'm not sayin that CSR should be excluded, but it shouldn't dominate the focus of the group. Avri Doria:aplogies for being late. i thought it was later. matthew shears:business responsibility to respect HR: http://www.ihrb.org/pdf/state-of-play/State-of-Play-Full-Report.pdf nigel hickson:Assume Lee can talk on COE work? matthew shears:@ Amr - understand your point re CSR - but I guess my feeling is that using that approach as an umbrella may make the issue for palatable Amr Elsadr:@Matt: Looks interesting. Will have to put a couple of hours aside to go through it. :) matthew shears:has this been circulated more broadly Lee? jorge cancio GAC-Switzerland:will a short summary of this call be circulated? matthew shears:I think it will be very important going forward that this WP has the fullest visibility of what is going on vis-a-vis ICANN and HR bpoth inside and outsdide ICANN Amr Elsadr:Thanks all. Bye. matthew shears:thanks Niels all Chris LaHatte:thanks Maryam Bakoshi:Thank you all jorge cancio GAC-Switzerland:thanks Anri vd Spuy:Thanks. Many thanks, -- Maryam Bakoshi Secretariat NCSG, NCUC, NPOC Internet Corporation for Assigned Names and Numbers (ICANN) Email: maryam.bakoshi(a)icann.org<mailto:maryam.bakoshi@icann.org> Mobile: +44 7737 698036 Skype: maryam.bakoshi.icann

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Re: [cc-humanrights] Last call for CCWP charter
by Niels ten Oever April 1, 2015

April 1, 2015

Hi Patrick, Thanks for this. Would it help of we would change every mention of human rights into ICANNs corporate responsibility to respect human rights? Best, Niels Patrik Fältström <paf(a)netnod.se> wrote: >All, > >I am a bit concerned every time an organisation that is not a state say that they work with human rights. Not that it is wrong, but as human rights are promises members of the UN (i.e. states) have promised each other, it is if one is pedantic a bit difficult to know what other kind of organisations are supposed to. And "what to do" is one of the most important discussions to have, as the actual implementation given agreement on this often is simple. > >An organisation can work with "human rights related issues" or, what is I think more correct, "corporate social responsibility issues", i.e. CSR issues. Also because I think CSR issue is so much more than human rights, like labour, blood diamonds and such. > >As human rights forces a state to either do actions to protect or help people, or forbid states to do things, CSR from my perspective is the discussion on what ICANN can and should do within that context. Specifically as ICANN work in a global context. > >Will this include ICANN own behaviour, and/or also the way ICANN should act when being present in States that are by UNHRC viewed as violating the human rights? > >So, I will try this afternoon, if the above do make sense, try to fine tune the wording. Change "human rights" to "csr" in a few places, and suggest a new text. Unless you Niels already do that because you are faster than me :-) > >Sorry if I am picky here, but I think it is of outmost important ICANN being a global organisation with both a corporate body and a community that come up with policies that impact people (and states) in the world, do this the right way. > >In general, I only think I am talking about words chosen. Not what the group should do. > > Patrik > >> On 1 Apr 2015, at 01:59, Niels ten Oever <niels(a)article19.org> wrote: >> >> Signed PGP part >> Dear all, >> >> We had some time to comment the charter text for the Cross Community >> Working Part on ICANN and Human Rights both on this list and in the >> call, I would like to propose that we leave the text (as put >> underneath) open for comment for one more week and then work with this >> charter and go ahead do some research before the Buenos Aires meeting. >> >> I'm greatly looking forward to your questions, suggestions and >> comments and to hopefully come to consensus by Tuesday next week. >> >> Best, >> >> Niels >> >> Background: >> >> This cross community working party (CCWP) seeks to map and understand >> the issues and potential solutions for the impact that policies, >> procedures and operations of the Internet Corporation for Assigned >> Names and Numbers (ICANN) have on human rights. In particular it >> focuses on the corporate responsibility of ICANN to respect human >> rights. It builds on a long term community engagement on this topic, >> further catalysed with the publication of the paper 'ICANN's >> procedures and policies in the light of human rights, fundamental >> freedoms and democratic values', as commissioned by the Council of >> Europe, and after sessions held in London, Los Angeles and Singapore. >> It seeks to improve ICANN's measures to respect human rights, in >> accordance with article 4 of ICANN's articles of incorporation. >> >> Objective: >> >> The CCWP on ICANN and Human Rights would have the purpose to raise >> awareness, provide information, facilitate dialogue and make >> suggestions to the ICANN community on ways to better harmonize ICANN’s >> policies and procedures with internationally recognized human rights >> standards, such as the Universal Declaration of Human Rights (UDHR) >> and the International Covenant on Civil and Political Rights (ICCPR). >> The working party will focus on human rights that are directly >> impacted by ICANN policy decisions, procedures and operations. >> >> Responsibilities and scope of work: >> >> (i) To continue the process of raising awareness about the interplay >> between ICANN’s policies, procedures and operations and human rights; >> >> (ii) To map and collect information from the community about cases as >> well as current ICANN policies,procedures and operations that present >> an impact on human rights in which further guidance on how to >> harmonize policies and procedures with human rights would be necessary;; >> >> (iii) To develop guidelines for the procedures that are in place or >> that should be created in the policy development process to ensure the >> respect for human rights; >> >> (iv) To provide information, suggestions and recommendations to the >> chartering organizations and to the broader ICANN community on how >> ICANN’s policies and procedures can be developed and implemented >> consistent with internationally recognized human rights standards. >> This input can inform the policy development processes as defined in >> the ICANN Bylaws. >> >> (v) To propose procedures and mechanisms with the aim of producing >> assessments on if and how policies and procedures under development >> and/or being implem

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Considerations on next steps
by Jean-Jacques Sahel April 1, 2015

April 1, 2015

Dear all, Following on from discussions in Singapore, here are a few observations which we hope will help you in assessing next steps in your work around human rights. Overall, as a start we would encourage you to use this list as a tool to let the discussion mature, in particular regarding objectives, modalities and feasibility - as an informal "working party" if you will. To provide you with some further food for thought: * There is no particular definition of a "working party" as a formal structure within ICANN. To have a process established as a formal structure within ICANN it could either take the form of a Working Group (under the behest of any interested SO/AC), or a Cross-Community Working Group (with multiple SO/ACs as Chartering organizations) or as a Working Group instituted by the Board (like the Geographic Regions Working Group) or committees launched by the CEO (e.g. various discussion groups in the past). - Before deciding on a particular structure, you need to be clear what the objective / scope is and from that, which mechanism is best suited to achieve them. It probably would be helpful that those interested in this effort would first define and agree on the objective and scope of such an effort, so as to help determine whether a CCWG or Working Group, or else such as a fact-finding ad hoc group, is the most appropriate mechanism for achieving the agreed objective. (The reason to set up a CCWG, for example, can be to assess the effectiveness of an existing procedure; or produce a fact-finding document; or a set of recommendations; first for SO/AC approval, then for submission to the ICANN Board). * You will also need to establish a specific methodology; first, you may want to consider here to do some fact-finding and agree on the focus of the work, so as to be able to start familiarising others in the community with the ideas and objectives at stake. This could eventually take the form of a charter or statement of work that interested parties could sign up to. - As an example, should the objective / scope be to provide recommendations to the Board that are developed jointly by a number of SO/ACs, then you may want to consider pursuing a CCWG. This would require at a minimum two SO/ACs that would serve as the chartering organisations for such an effort. The formation of a CCWG is typically at the initiative of an SO/AC - the chair or representative of an SO/AC will approach the other SO/ACs to determine whether there is interest to form a CCWG on a particular topic. If so, a small number of representatives are requested to participate in the drafting team that is responsible for developing a charter. Once the drafting team has completed its work, the charter is submitted to all the interested SO/ACs for approval according to their own processes. (Based on recent experiences running CWG/CCWG, we have good illustrations available that can help as a starting point for any drafting effort). In order to charter a Cross-Community Working Group, two or more SO/ACs would need to adopt the charter. So for NCSG and ALAC for example, they would need to get the GNSO as a whole to support the process. As raised during the Human Rights workshop at ICANN52, SO/ACs deciding on the creation of new workstreams normally involves consideration of the current workload and priorities. You may also want to think of who could be the 'champions' of the issue across different SO/ACs, who can start organising the discussion in a more structured manner. - Note that as mentioned above, there are also other (ad-hoc) mechanisms that could be pursued depending on the objective, such as a WG or discussion group. - You will also want to take into account that in its Singapore Communique, the GAC resolved to create a dedicated working group to look at this issue. It will be important to make sure there is linkage / coordination with other initiatives that are ongoing or have commenced elsewhere on the subject. (from the GAC Communique: "9. International Law, Human Rights and ICANN - The GAC decided to establish a Working Group on Human Rights Issues and the Application of International Law as these matters relate to ICANN activities. The GAC will also monitor community developments and consider how any GAC initiatives can complement any such developments.") All the best, Jean-Jacques Vice-President, Global Stakeholder Engagement (Europe & Civil Society) ICANN Tel: +44 77 400 73176 Skype: jean-jacques.sahel.icann Email: jean-jacques.sahel(a)icann.org<javascript:_e(%7B%7D,'cvml','jean-jacques.sahel(a)icann.org');> @pointjjs One World, One Internet [cid:689AB906-EEAC-46C8-8257-7506F7B78BD8]

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