August 2015 - cc-humanrights

Re: [cc-humanrights] cc-humanrights Digest, Vol 9, Issue 12
by susan aaronson Aug. 7, 2015

Aug. 7, 2015

I fully support Marianne's restatement as consistant with international human rights norms. On 8/7/2015 10:07 AM, 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: Human Rights in CCWG on accountability (Marianne Franklin) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Fri, 07 Aug 2015 15:46:12 +0200 > From: Marianne Franklin <m.i.franklin(a)gold.ac.uk> > To: cc-humanrights(a)icann.org > Subject: Re: [cc-humanrights] Human Rights in CCWG on accountability > Message-ID: <55C4B6A4.1080603(a)gold.ac.uk> > Content-Type: text/plain; charset="windows-1252"; Format="flowed" > > Dear all > > I too would note the legal issues around parsing out some rights as more > fundamental as others.. So, perhaps a wording as follows, in light of > the legal nuances at stake, and with that political issues around phrasing.. > > "Within its mission and its operations ICANN commits to respecting and > upholding fundamental rights and freedoms according international human > rights law and norms" > > This phrase is specific and open enough to permit the full spectrum of > human rights law and norms, because these now include more than the > UDHR, ICCPR and IESCR. > > This wider framework of human rights treaties and convenants, which the > IRPC Charter of Human Rights and Internet articulates for instance, is > politically sensitive so such a phrase acknowledges this. > > Second, within this wider context for the ICANN setting I think that > using the Ruggie Principles as the initial framing for this initiative > is important for the business side of the work. That said, ICANN is > doing work that affects other aspects of our online lives that a more > narrowly defined business articulation within CSR frameworks, or the > Ruggie Principles do leave relatively under-articulated. > > The above phrasing thereby allows for future steps in acknowledging the > wider terrain of ICANN work once its CSR responsibilities to human > rights online are taken on board. > > Good luck! > All the best > MF > > On 07/08/2015 13:38, Matthew Shears wrote: >> I agree Niels. Some simple language like (based on some of the inputs >> Avri had collated): >> >> "Within its mission and in its operations, ICANN [will be] *is* >> committed to respect [fundamental] human rights." >> >> Two points: 1) unless there is some legally defined meaning to the >> term "fundamental" when applied to HR I would leave it out as it is >> subjective and differs by jurisdiction/state/interpretation; 2) if we >> do include the word fundamental then we probably should include >> reference to the minimum qualifying docs - "as enshrined in the UDHR >> and ICCPR." >> >> Everything else we can leave to WS2 and the CCWP to work on. >> >> Best. >> >> Matthew >> >> . >> On 8/7/2015 12:07 PM, Niels ten Oever wrote: >>> -----BEGIN PGP SIGNED MESSAGE----- >>> Hash: SHA256 >>> >>> Hi all, >>> >>> I think a clear commitment to human rights is sufficient for the >>> bylaws. I don't think specific instruments or policies should be >>> described there. >>> >>> One could possibly think of the reference for there being a policy >>> that describes how ICANN ensures it respects human rights in its >>> policies and operation, but wouldn't want to risk going into the weeds >>> here about what that should look like. Don't think the CCWG is the >>> place for that. >>> >>> Best, >>> >>> Niels >>> >>> Niels ten Oever >>> Head of Digital >>> >>> Article 19 >>> www.article19.org >>> >>> PGP fingerprint 8D9F C567 BEE4 A431 56C4 >>> 678B 08B5 A0F2 636D 68E9 >>> >>> On 08/07/2015 10:39 AM, Matthew Shears wrote: >>>> Suggest both. All should join who are concerned with this issue. >>>> >>>> Note that there are many of us already on the subgroup. What >>>> formulation would you want to see introduced? >>>> >>>> Matthew >>>> >>>> On 8/5/2015 2:25 PM, Niels ten Oever wrote: Hi James and others, >>>> >>>> What would be the rationale for a public comment vs participating >>>> in the subgroup? Just trying to assess the best strategy for >>>> engagement. >>>> >>>> Cheers, >>>> >>>> Niels >>>> >>>> Niels ten Oever Head of Digital >>>> >>>> Article 19www.article19.org >>>> >>>> PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D >>>> 68E9 >>>> >>>> On 08/05/2015 02:49 PM, James Gannon wrote: >>>>>>> I'm not Marillia but I suggest that a comment from the HRWP >>>>>>> would be very very welcome to the CCWG draft report with >>>>>>> regards to the human rights issue. As a conglomeration of HR >>>>>>> experts and interested parties the members of this group are >>>>>>> well placed to weigh in with comments on this issue. >>>>>>> >>>>>>> -James >>>>>>> >>>>>>> ________________________________________ From: >>>>>>> cc-humanrights-bounces(a)icann.org >>>>>>> <cc-humanrights-bounces(a)icann.org> on behalf of Niels ten >>>>>>> Oever<niels(a)article19.org> Sent: 05 August 2015 13:30:42 To: >>>>>>> Marilia Maciel Cc: Human Rights Subject: Re: [cc-humanrights] >>>>>>> Human Rights in CCWG on accountability >>>>>>> >>>>>>> Thanks Marilia. Do you think it would also make sense to >>>>>>> draft a public comment to the CCWG report by suggesting >>>>>>> concrete text? Or would the best workflow be to work on this >>>>>>> in the subgroup? Has the subgroup already been formed? Do you >>>>>>> know when they should finish and whether people from this >>>>>>> list, who are not participating in the CCWG, can join? >>>>>>> >>>>>>> Best, >>>>>>> >>>>>>> Niels >>>>>>> >>>>>>> >>>>>>> >>>>>>> Niels ten Oever Head of Digital >>>>>>> >>>>>>> Article 19www.article19.org >>>>>>> >>>>>>> PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 >>>>>>> 636D 68E9 >>>>>>> >>>>>>> On 08/03/2015 07:01 PM, Marilia Maciel wrote: >>>>>>>> Thank you for sharing, Niels. The conclusion that a >>>>>>>> reference to HR should be included it in the bylaws is a >>>>>>>> very positive development. From what I can notice in the >>>>>>>> CCWG-Accountability mailing list, there has been a >>>>>>>> considerable interest to join the subgroup that will be >>>>>>>> created to discuss this topic. Best! Mar?lia On Mon, Aug 3, >>>>>>>> 2015 at 12:59 PM, Niels ten Oever <niels(a)article19.org >>>>>>>> <mailto:niels@article19.org>> wrote: Dear all, This might >>>>>>>> be of interest to you (from CCWG on Accountability >>>>>>>> https://mm.icann.org/pipermail/accountability-cross-community/2015 >>> - -Ju >>> l >>>> y/ >>>>>>> 004798.html >>>>>>>> <https://mm.icann.org/pipermail/accountability-cross-community/201 >>> 5-J >>> u >>>> ly/ >>>>>>> 004798.html> >>>>>>>> ) Best, Niels Mathieu Weill mathieu.weill at afnic.fr >>>>>>>> <http://afnic.fr> Fri Jul 31 11:49:55 UTC 2015 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 righ ts 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. >>>>>>>> _______________________________________________ >>>>>>>> cc-humanrights mailing listcc-humanrights(a)icann.org >>>>>>>> <mailto:cc-humanrights@icann.org> >>>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>>>>>>> -- *Mar?lia Maciel* Pesquisadora Gestora - Centro de >>>>>>>> Tecnologia e Sociedade - FGV Direito Rio Researcher and >>>>>>>> Coordinator - Center for Technology & Society - FGV Law >>>>>>>> Schoolhttp://direitorio.fgv.br/cts DiploFoundation >>>>>>>> associate -www.diplomacy.edu <http://www.diplomacy.edu> >>>>>>>> PoliTICs Magazine Advisory Committee - >>>>>>>> http://www.politics.org.br/ Subscribe "Digital Rights: >>>>>>>> Latin America & the Caribbean" - >>>>>>>> http://www.digitalrightslac.net/en >>>>>>> _______________________________________________ >>>>>>> cc-humanrights mailing listcc-humanrights(a)icann.org >>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>>>>>> >>>>> _______________________________________________ cc-humanrights >>>>> mailing listcc-humanrights(a)icann.org >>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>> -----BEGIN PGP SIGNATURE----- >>> Version: GnuPG v2 >>> >>> iQEcBAEBCAAGBQJVxJFXAAoJEAi1oPJjbWjpj3IH/2PUlVBm2xdBFibgJAkoreCR >>> KSRdBqn+kCb+SnxHdy4B8Ja00S0PS+eKAgK2xgbWhQigVk8F4ixsxa+GnbE4dWmm >>> I2u3e/W+vi9TosCloZgYpYQTd1aA75e6IJlonMbNtV1br/p/hd0g/m6a2rtKkz5N >>> M14zSxp10l5xwI9s9ez02YwSw4TLpPXfWDlsVLfzBEWXIqHDXuQzRCIVPlSu85Pq >>> wCrvgZ0pqP8GX8ctoqRYEEHkbuGTxUn+6d3cdIR1IIJVRlKN5hxnCJtQCsZ+7fEH >>> v5Gp6C1pnZM8b0ARZ6C4c5QIqICsg/x10rusEzH8ACGsLyBC64WeJxhtmOg11BA= >>> =zoM+ >>> -----END PGP SIGNATURE----- >> -- >> Matthew Shears >> Global Internet Policy and Human Rights >> Center for Democracy & Technology (CDT) >> + 44 (0)771 247 2987 >> >> >> _______________________________________________ >> cc-humanrights mailing list >> cc-humanrights(a)icann.org >> https://mm.icann.org/mailman/listinfo/cc-humanrights -- Susan Ariel Aaronson, Ph.D. Research Professor of International Affairs, Institute of International Economic Policy Elliott School of International Affairs, George Washington University http://www.gwu.edu/~elliott/faculty/aaronson.cfm Please visit the Trade and the Internet Project Web site: http://www.gwu.edu/~iiep/signatureinitiatives/governance/taig/ The Trade, Trust, Transparency and Accountability page is: http://www.gwu.edu/~iiep/signatureinitiatives/governance/Trade_Trust_Transp… For the Repression, Civil conflict, and Leadership Tenure Project: http://www.ucl.ac.uk/spp/research/conflict-repression To see many of my publications go to: http://ssrn.com/author=1145702

1 0

Human Rights in CCWG on accountability
by Niels ten Oever Aug. 7, 2015

Aug. 7, 2015

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 Dear all, This might be of interest to you (from CCWG on Accountability https://mm.icann.org/pipermail/accountability-cross-community/2015-July/ 004798.html ) Best, Niels Mathieu Weill mathieu.weill at afnic.fr Fri Jul 31 11:49:55 UTC 2015 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 righ ts 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 at afnic.fr Twitter : @mathieuweill ***************************** - -- 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 iQEcBAEBCAAGBQJVv4/hAAoJEAi1oPJjbWjpXt0H/0tNCuJbPEltbAzmZGhlemxP kolITvLqCjqpgZQdIMefBfFKHgMXP/lTdqPasZ2Ky3x3+aRJdyUpBGVklAWEOTTF WTriXweW+i5JKpKnzW4k54fXR+gl3QOQ46fVzt7aurW3ZuwEzB+61YV9AFjFth6G 2K0W148JDDX5YoLuM68h/Xx2DqY3yx2tcfCz5i8txdDnxOwij2lrNoUWLnZFy8hF p2skw4mbsT/P6FPk7e1lAedPj6ea9IMtP8xeBZmO1UGD0dnuCFnao50zIA7faKgo 27a8MSsz9tC+pPgk2WJd8FjYhh2yQCH3RFRe3f779LCHEzDfHuQqK/G+CA2wNn4= =lmy3 -----END PGP SIGNATURE-----

10 20

ICANN site selection
by Jamie Baxter Aug. 6, 2015

Aug. 6, 2015

As a "new gTLD applicant" who has participated in most ICANN meetings for the past 6 years, it remains a concern of ours that ICANN maintains a path of selecting meeting locations in countries with less than reputable human rights records, which includes their records on gay rights. We believe it is important to begin a discussion on this issue as the topic of human rights is elevated within the corporate and social responsibility at ICANN. Since ICANN is an organization built on openness, under a multi-stakeholder model that thrives on public participation, now is the relevant time for ICANN to begin thinking about how its site selection for meetings impacts freedom of speech & association, public safety and public perception of the organization's commitment to the human rights issue. By not reviewing site selection related issues, the larger discussion on human rights would certainly be perceived as lip service to many, especially from the gay community. The International Olympic Committee (IOC) has also recognized this concern and recently implemented mandates that would prevent future host cities from winning bids if their human rights records and policies (including gay rights) were sub-par. The gay community has welcomed this pro-active approach by the IOC following the Sochi Olympics to guarantee their future participation and safety, and this is a standard that we believe an international organization like ICANN could take lesson from. We welcome comment from the group on how to add this point to the ongoing work on corporate and social responsibility at ICANN. Cheers Jamie Jamie Baxter VP of Marketing dotgay LLC 307 Seventh Avenue, Suite 1807 New York, NY 10001 212-235-5154 jamie(a)dotgay.com www.dotgay.com <http://www.dotgay.com/> A Certified LGBT Business Enterprise (LGBTBE) Please join us on Facebook at www.facebook.dotgay.com <http://www.facebook.dotgay.com/> and follow us at www.twitter.com/dotgay

2 1

CCWG - HR |> Variety of formulation for Human Rights bylaw that were made. - corrected
by Niels ten Oever Aug. 6, 2015

Aug. 6, 2015

FYI - an overview of different language proposals for the bylaws. Best, Niels 2015-08-05 14:59 GMT+02:00 Avri Doria <avri(a)acm.org <mailto:avri@acm.org>>: -------- Forwarded Message -------- with corrections Hi, I am sure I missed some, but the ones I found going through the email while doing some prep work earlier today. Please let me know of any formulation I missed. Doria 1 Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN. Curry 1 Work to ensure that ICANN respects human rights within its mission and accounts for the impact on human rights in its policy creation, policy implementation, review and assessment. Doria 2 In order to enure that openness of the Internet within ICANN's mission may be maintained, human rights impact assessments will be done on ICANN policies [as appropriate] Doria 3 ICANN will be committed to respect fundamental human rights in its operations Drazek 1 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. Arasteh 1 (I know there is one but i can't find the text.) Supports Lisse 1 Shatan 1 Within its mission and in its operations, ICANN will be committed to respect internationally recognized fundamental human rights Drazek as amended by Lisse Within its mission and in its operations, ICANN will respect fundamental human rights, in particular the exercise of free expression, free flow of information and due process Lisse 1 ICANN will respect fundamental human rights Doria 4 (with offlist help) Within its mission and in its operations, ICANN will be committed to respect the fundamental human rights as enshrined in the Universal Declaration of Human Rights (UDHR). --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus _______________________________________________ Wp4 mailing list Wp4(a)icann.org <mailto:Wp4@icann.org> https://mm.icann.org/mailman/listinfo/wp4

1 0