February 2016 - cc-humanrights

FYI - update on human rights text in CCWG
by Niels ten Oever Feb. 10, 2016

Feb. 10, 2016

-------- Forwarded Message -------- Subject: [CCWG-ACCT] CCWG - Recommendation 6 - Final Text with Board Compromise Language and Avri's amendment to meeting NTIA criteria Date: Mon, 8 Feb 2016 17:49:46 -0500 From: Bernard Turcotte <turcotte.bernard(a)gmail.com> To: Accountability Cross Community <accountability-cross-community(a)icann.org> All, Please find attached the new draft for recommendation 6 which is being proposed as the consensus position for the CCWG (was circulated Friday last week also). This version is marked up from the final version accepted by the CCWG with the changes for implementing the Board proposal, the addition of a paragraph to explain how the Board proposal came to be (acceptance is in square brackets given the CCWG has not yet accepted it), and the addition of Avri's suggestion to the last section of the annex on NTIA requirements. In the proposed Bylaws language the following section is highlighted in yellow: (or another Cross Community Working Group chartered for such purpose by one or more Supporting Organizations or Advisory Committees) As discussions have indicated on the list there is an issue with this wording and the co-chairs will review potential solutions with the group on the call. Thank You. Bernard Turcotte ICANN Staff Support

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REMINDER: CCWP-HR Conference Call | 10th Feb 2016 | 13:00 UTC
by Maryam Bakoshi Feb. 9, 2016

Feb. 9, 2016

Dear All, Please find below participation details for CCWP-HR Conference Call on Wednesday 10th February 2016 at 13:00 UTC Adobe Connect: https://icann.adobeconnect.com/ncsg/ Time Zones: http://bit.ly/1RpmQwd Agenda: TBC Passcodes/Pin codes: Participant passcode: HR For security reasons, the passcode will be required to join the conference. Dial in numbers: Country Toll Numbers Freephone/ Toll Free Number ARGENTINA 0800-777-0519<tel:0800-777-0519> AUSTRALIA ADELAIDE: 61-8-8121-4842 1-800-657-260 AUSTRALIA BRISBANE: 61-7-3102-0944 1-800-657-260 AUSTRALIA CANBERRA: 61-2-6100-1944 1-800-657-260 AUSTRALIA MELBOURNE: 61-3-9010-7713 1-800-657-260 AUSTRALIA PERTH: 61-8-9467-5223 1-800-657-260 AUSTRALIA SYDNEY: 61-2-8205-8129 1-800-657-260 AUSTRIA 43-1-92-81-113 0800-005-259 BELGIUM 32-2-400-9861 0800-3-8795 BRAZIL 0800-7610651<tel:0800-7610651> CHILE 1230-020-2863 CHINA CHINA A: 86-400-810-4789 10800-712-1670 CHINA CHINA B: 86-400-810-4789 10800-120-1670 COLOMBIA 01800-9-156474 CZECH REPUBLIC 420-2-25-98-56-64 800-700-177 DENMARK 45-7014-0284 8088-8324 ESTONIA 800-011-1093 FINLAND 358-9-5424-7162 0-800-9-14610 FRANCE LYON: 33-4-26-69-12-85 080-511-1496 FRANCE MARSEILLE: 33-4-86-06-00-85 080-511-1496 FRANCE PARIS: 33-1-70-70-60-72 080-511-1496 GERMANY 49-69-2222-20362 0800-664-4247<tel:0800-664-4247> GREECE 30-80-1-100-0687 00800-12-7312 HONG KONG 852-3001-3863 800-962-856 HUNGARY 06-800-12755 INDIA INDIA A: 000-800-852-1268 INDIA INDIA B: 000-800-001-6305 INDIA INDIA C: 1800-300-00491 INDONESIA 001-803-011-3982 IRELAND 353-1-246-7646 1800-992-368 ISRAEL 1-80-9216162 ITALY MILAN: 39-02-3600-6007 800-986-383 JAPAN OSAKA: 81-6-7739-4799<tel:81-6-7739-4799> 0066-33-132439 JAPAN TOKYO: 81-3-5539-5191<tel:81-3-5539-5191> 0066-33-132439 LATVIA 8000-3185 LUXEMBOURG 352-27-000-1364 MALAYSIA 1-800-81-3065 MEXICO 001-866-376-9696 NETHERLANDS 31-20-718-8588 0800-023-4378<tel:0800-023-4378> NEW ZEALAND 64-9-970-4771 0800-447-722 NORWAY 47-21-590-062 800-15157 PANAMA 011-001-800-5072065 PERU 0800-53713 PHILIPPINES 63-2-858-3716 POLAND 00-800-1212572 PORTUGAL 8008-14052 RUSSIA 8-10-8002-0144011 SAUDI ARABIA 800-8-110087 SINGAPORE 65-6883-9230 800-120-4663 SLOVAK REPUBLIC 421-2-322-422-25 SOUTH AFRICA 080-09-80414 SOUTH KOREA 82-2-6744-1083 00798-14800-7352 SPAIN 34-91-414-25-33 800-300-053 SWEDEN 46-8-566-19-348 0200-884-622 SWITZERLAND 41-44-580-6398 0800-120-032 TAIWAN 886-2-2795-7379 00801-137-797 THAILAND 001-800-1206-66056 UNITED KINGDOM BIRMINGHAM: 44-121-210-9025 0808-238-6029 UNITED KINGDOM GLASGOW: 44-141-202-3225 0808-238-6029 UNITED KINGDOM LEEDS: 44-113-301-2125 0808-238-6029 UNITED KINGDOM LONDON: 44-20-7108-6370 0808-238-6029 UNITED KINGDOM MANCHESTER: 44-161-601-1425 0808-238-6029 URUGUAY 000-413-598-3421 USA 1-517-345-9004 866-692-5726 VENEZUELA 0800-1-00-3702 Restrictions may exist when accessing freephone/toll free numbers using a mobile telephone. Many thanks, -- Maryam Bakoshi Secretariat Support - 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] draft Terms of Reference for subgroup 5
by Niels ten Oever Feb. 9, 2016

Feb. 9, 2016

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 Thanks for this Stephania! @Maryam, could you be so kind to add this to the subsite? Thanks! 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 02/06/2016 12:59 AM, Stefania Milan wrote: > Hi all, > > with a culpable delay, due to a concatenation of unfortunate > circumstances, here goes a first draft of the Terms of Reference > for Subgroup 5. > > As you know, the WG we are talking about (GNSO PDP WG to Establish > a Policy Framework for a Next-Generation gTLD Registration > Directory Service to Replace WHOIS, henceforth PDP WG Next-Gen RDS) > has started to work. There have been two calls so far, so it is the > right time for us to start our work as a subgroup. > > The call for volunteers is still open > (https://www.icann.org/news/announcement-2016-01-04-en) One can be > an individual member or a list observer; please note that observers > can become members at any time during the process. Do remember to > fill your SOI on the ICANN website > (https://community.icann.org/display/gnsosoi/New+SOIs) as this is > requisite to participate. There is a wiki with a number of > relevant documents and info: https://community.icann.org/x/QIxlAw > to get ready for the work [0] > > Please read, comment and amend the below. Be aware that the ToR > might require some adjustments as we see how the work of the PDP WG > evolves/is organized. > > In view of moving forward with this and catching up with the time > we have wasted (once again, apologies), it would be nice to hear > back from all of you > > I have set up a doodle for our first call: > http://doodle.com/poll/9ymzm6x7i3qsr76f I am bad with time zones, > so I hope I suggested some reasonable solutions (I tried to take > into account our members in Asia) — if not, please suggest > otherwise. > > Best, Stefania > > [0] useful docs: > > * The Final Issue Report > (http://whois.icann.org/sites/default/files/files/final-issue-report-n ext-generation-rds-07oct15-en.pdf); > > * The PDP WG Charter (https://community.icann.org/x/E4xlAw) * The EWG > Final Report > (https://www.icann.org/en/system/files/files/final-report-06jun14-en.p df); > > * The GNSO Working Group Guidelines > (http://gnso.icann.org/council/annex-1-gnso-wg-guidelines-08apr11-en.p df); > > * The PDP Manual > (http://gnso.icann.org/council/annex-2-pdp-manual-13jun13-en.pdf) > > *-----------------------------* *Subgroup 5 - Terms of Reference, > draft 0.1* > > *0. Mandate* > > --- Follow the work of the PDP WG to Establish a Policy Framework > for a Next-Generation gTLD Registration Directory Service to > Replace WHOIS (Next-Gen RDS) > > --- Explore human rights implications of the proposals coming out > of the WG on Next-Gen RDS > > *1. Output*** > > --- Provide regular updates to the CCWP HR > > --- Coordinate human rights-informed input to the WG on Next-Gen > RDS > > --- Comment on the proposals coming out of the WG on Next-Gen RDS > > --- Provide input to subgroup 2 for what concerns > WHOIS/Next-GenRDS-related examples > > *2. Calls* > > Bi-monthly > > *3. Procedural notes* > > Members of subgroup 5 should become members (or at least observers) > of the WG*. > > The WG is intended to create a new policy framework (most likely in > the form of recommendations) capable of balancing diverse interests > to meet needs for gTLDregistration data. It is a large group, with > some 134 members and 90 observers (as per February 2). As the WG > evolves and process becomes clearer, we might need t reconsider > these ToR, and define the scope of our work. > > * https://www.icann.org/news/announcement-2016-01-04-en. > > > > > -----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJWucOwAAoJEAi1oPJjbWjp5I4H/RVUO0UyuxvGwv3azBAcTssi qIw6lMRO4j4XgvULQdMATGt2BNCazQb8o52BfZLvh37i8rlDKKcGhj5sVtfbTIYE SLoAuZ36PU6EGYJvJsGmV6+LZTn0+YQYLkHt/0w27IygDxeNZeKU9XN2pE8Li+pn K6QKqiqTLoXoyDJ+3ea/rE0b+2FjRXhGqW1xVdp7ldkcsi/DLtN90kMNcEQmnVMO M1ZMOpZvovmrdUk903YRAIWf+8HMHjQjswG573w1yPRRVkueFGooqrxNKEEZUWa9 1RAwc9pfD4YfSrc5fIUmTMHwJkHDeYi4dkrR41uXrr4cLq2gdi6NBYYEoKKS+uA= =3W/y -----END PGP SIGNATURE-----

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call summary
by Niels ten Oever Feb. 5, 2016

Feb. 5, 2016

Hi all, We just had our CCWP HR call, it was a bit less populated than normally. I would like stimulate everyone who has volunteered for work in subgroups to conribute to the work or let the group know if you have less time so that people at least know you;re not available. Together we can make this happen, don't leave your colleagues hanging :) Here a short overview: - Subgroup 1. Has been doing mapping on cases. Is waiting for some further input for the table. Is lacking a good graphic designer. Niels will put Marilia in contact with Datakind for a graphic designer. - Subgroup 2. Identified a list of 11 possible topics but have identified four cases on which they'll work the coming time: 1. Preliminary Issue Report on a GNSO Policy Development Process to Review All Rights Protection Mechanisms in All gTLDs -https://www.icann.org/public-comments/rpm-prelim-issue-2015-10-09-en.Public comment for Prelim Issue Report is closed, but PDP continues.This will affect UDRP, Rapid Suspension procedure and otherrights-protection measures for the gTLDs. 2. Geographic Regions Review Working Group -https://www.icann.org/public-comments/geo-regions-2015-12-23-en.Public comment period ongoing. Issues of substantive v. formal representation/inclusiveness, of proportional representation based on(for ex) number of Internet users across the continents. 3. Name Collisions Management Framework: The framework does not set out a process to hear parties with colliding names, but only authorises registries to undertake controlled interruption 4. UDRP: In Clause 4(a) on Mandatory Administrative Proceedings for Applicable Disputes, the scope of applicable disputes is limited to trademark-related disputes. Issues surrounding freedom of expression, privacy, community interests in a domain name, geographical interests indomain names, etc. are not addressed. Please also see Vidushi's update to this list. Subgroup 3. Will be working on a template for a human rights impact assessment. A draft outline for the work can be found attached. Subgroup 4. is mapping the issues that are relevant from a HR standpoint in the GNSO working group charter on new gTLD subsequent procedures. The group is choosing topics of interest and getting prepared for the upcoming call for volunteers to be issued by GNSO staff soon. Subgroup 5. GNSO WG on WHOIS has started, more info here: https://www.icann.org/news/announcement-2016-01-04-en . This SG will come back soon with more inputs and information Operational issues: - Joint session with GAC WG on Human Rights and International Law as been requested - Public session for CCWP HR has been requested as well as a working session for ICANN meeting in Marakesh. Extra: RPM The GNSO will likely start a Policy Development Process (PDP) to review all Rights Protection Mechanisms (RPMs) in all gTLDs. The PDP will be two-phased, starting with a review of RPMs in the new gTLDs and, in a subsequent, second phase, review the Uniform Dispute Resolution Policy (UDRP). All the 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

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Fwd: [CCWG-ACCT] Board comments on Recommendation 6 - Human Rights
by Niels ten Oever Feb. 4, 2016

Feb. 4, 2016

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 Dear all, The CCWG on Accountability has achieved consensus on human rights commitment in the bylaws (as part of the CCWG proposal) now the board has agreed to the text proposed by the CCWG. The interpretation framework will be part of Workstream 2. Congratulations all. Exciting work ahead! Best, Niels - -------- Forwarded Message -------- Subject: [CCWG-ACCT] Board comments on Recommendation 6 - Human Rights Date: Thu, 4 Feb 2016 07:33:34 +0000 From: Bruce Tonkin <Bruce.Tonkin(a)melbourneit.com.au> To: CCWG-Accountability <accountability-cross-community(a)icann.org> Hello All, In the spirit of the compromise throughout the CCWG proceedings, the Board is modifying its position, and is supportive of inserting a commitment to respect human rights into the ICANN Bylaws as follows: "Within its Core Values, ICANN will commit to respect internationally recognized Human Rights as required by applicable law. This provision does not create any additional obligation for ICANN to respond to or consider any complaint, request, or demand seeking the enforcement of human rights by ICANN. This Bylaw provision will not enter into force until (1) a Framework of Interpretation for Human Rights (FOI-HR) is developed by the CCWG-Accountability (or another Cross Community Working Group chartered for such purpose by one or more Supporting Organizations or Advisory Committees) as a consensus recommendation in Work Stream 2 (including Chartering Organizations' approval) and (2) the FOI-HR is approved by the ICANN Board using the same process and criteria it has committed to use to consider the Work Stream 1 recommendations." Rationale: The clause on the timing of the effective date of the Bylaws provision addressed many, though not all, of the Board's timing concerns. There were still significant concerns regarding some of the other detail, including possible interpretations that could impose human rights responsibilities on those with whom ICANN does business, or whether there are things that ICANN should affirmatively be doing today, in addition to compliance with law. One of the most pressing concerns that remained with the language was on the potential impact on external entities. The Board remained concerned that the CCWG's attempt to exclude reach to "entit[ies] having a relationship with ICANN", could actually be interpreted in a manner that increases - not insulates - the reach of this provision. When ICANN is challenged for conduct alleged to be in violation of applicable laws on human rights, that that challenge could also reach third parties for alleged failures to protect or enforce human rights within applicable law. This could reach entities with or without contracts, and many of which (including ICANN) have no enforcement power when it comes to the law. This is a potential path to placing an affirmative (and out of mission) obligation to police those with whom ICANN has relationships for potential failures to protect or enforce human rights. This language could leave the door open for those doing business with ICANN to be held to, for example, the applicable laws in the USA or another place where ICANN is found to do business. The applicable law is not defined as it applies to entities with relationships with ICANN, nor is that the type of language normally included in Bylaws. The Board supports the removal of the language that causes it concern, while allowing the CCWG to move forward with a recommendation to include a commitment in the Bylaws that ICANN treats human rights as a core value that guides the decisions and actions of ICANN:. We hope this compromise can allow this issue to be closed. Regards, Bruce Tonkin ICANN Board Liaison to the CCWG _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community -----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJWsxOZAAoJEAi1oPJjbWjpnRMIAJiedxz7lfJZcEU1OinOht98 7WXLonDf+DtQtcCQ6vtmO69ua0HpQFweYYRA4HdFBG8vhJe6GqzhoaMcbfrXR7yh OkECLtE/h/7r2f+PGY1IvwhkmD/gjpyxIoLvj7H0m2DsA3lLm8atmReNJIlPMlhZ f1SDGCqP9Q5+O3EVVXiy0qPOO3CEtbq5EVkr6VAIoTcyEaJvNtM5edD3rMww6Onc n+7VVaHD6lNE3LuGi9BGO0OJ4qPWQ6oTKDiLa8q6qqtX6wZqNNfdeOUnSp83cvvJ 7nmErGKFhSd6z8j3ZOBeu1vt2ca/VgXZrYjcbKas5HsxyCXIMdqI+PyEGxw9PCw= =9DmN -----END PGP SIGNATURE-----

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