- cc-humanrights - lists.icann.org

Draft ICANN and Human Rights paper
by Niels ten Oever Jan. 21, 2015

Jan. 21, 2015

Dear all, Please find attached a new draft version of the paper on ICANN and Human Rights, focusing on the Rugge Principles instead of the European Court of Human Rights. And also bringing up specific examples of ICANN policy. Looking forward to discuss with you whether is this is the right direction for the document tomorrow on the call. Written comments and or edits in document or email are of course more than welcome. 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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ICANN and Human Rights conf call summary - 16 Jan
by HIBBARD Lee Jan. 21, 2015

Jan. 21, 2015

Hello everyone, Thanks to Marilia, Niels, Stefania and Rafik for joining yesterday’s conf call which is summarised as follows: - The ICANN and Human Rights meeting at ICANN53 in Singapore will take place in room “Sofia” on Wed 11 Feb, from 10:30-12:00, - ICANN and Human Rights follow-up paper, done by Niels and Monika, being reworked, UDRP removed and focus in Ruggie principles. Emphasis on policies and their implementation was stressed, - Contact all SOs and ACs to: (i) share papers, (ii) arrange bilaterals before the meeting, and (iii) invite them to the meeting…and to send this info to the mailing list (thanks Rafik), - Next conf call on 22 Jan (see below) – to discuss draft version of the paper and agenda of meeting inc moderation etc. Regards Lee From: cc-humanrights-bounces(a)icann.org [mailto:cc-humanrights-bounces@icann.org] On Behalf Of HIBBARD Lee Sent: mardi 20 janvier 2015 08:43 To: 'Human Rights' Cc: 'Nicolas.Rollier(a)bakom.admin.ch' Subject: Re: [cc-humanrights] ICANN and Human Rights conf call summary - 16 Jan Hello everyone, Please find attached the conf call dial-in details for those participating in calls today and this Thursday as mentioned below. Many thanks to Nicolas from the Swiss Federal Office of Communications (OFCOM) for arranging the calls. Speak soon. Lee From: HIBBARD Lee Sent: vendredi 16 janvier 2015 18:20 To: Human Rights Cc: Nicolas.Rollier(a)bakom.admin.ch<mailto:Nicolas.Rollier@bakom.admin.ch> Subject: ICANN and Human Rights conf call summary - 16 Jan Thanks to Marilia, Stephanie, Niels, Susan, and Stefania for joining me on today’s conf call. I would summarise the discussion as follows: - Conf call on 20 Jan 13:00-14:00 CET to discuss scope and other elements for a draft charter of a cross-community working group (Marilia, Stephanie, Lee, Avri?, Stefania? agreed to participate on call). - Conf call on 22 Jan 13:00-14:00 CET to discuss progress in preparing/finalising: (i) the FAQ (Joy), (ii) summary of the CoE paper (Marilia, Stephanie, Susan), (ii) applied scenarios paper (Niels, Monika). - Securing the date, time and place of the meeting room, during ICANN52, on the drafting of a charter for a CCWG (Rafik, Niels). - Apprising colleagues from ALAC, GNSO, ccNSO, GAC, SSAC, NCSG about progress on ICANN and human rights, and secure their availability for a conf call during the week of 2 Feb to discuss their views on this and public interest, accountability issues etc (All). For reference I attach the working docs so far produced by colleagues. I would also invite Nicolas Rollier to organise conf calls for the first two bullets above (many thanks Nicolas). Regards and thanks to all. Speak soon. Lee

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ICANN and Human Rights conf call summary - 16 Jan
by HIBBARD Lee Jan. 20, 2015

Jan. 20, 2015

Thanks to Marilia, Stephanie, Niels, Susan, and Stefania for joining me on today’s conf call. I would summarise the discussion as follows: - Conf call on 20 Jan 13:00-14:00 CET to discuss scope and other elements for a draft charter of a cross-community working group (Marilia, Stephanie, Lee, Avri?, Stefania? agreed to participate on call). - Conf call on 22 Jan 13:00-14:00 CET to discuss progress in preparing/finalising: (i) the FAQ (Joy), (ii) summary of the CoE paper (Marilia, Stephanie, Susan), (ii) applied scenarios paper (Niels, Monika). - Securing the date, time and place of the meeting room, during ICANN52, on the drafting of a charter for a CCWG (Rafik, Niels). - Apprising colleagues from ALAC, GNSO, ccNSO, GAC, SSAC, NCSG about progress on ICANN and human rights, and secure their availability for a conf call during the week of 2 Feb to discuss their views on this and public interest, accountability issues etc (All). For reference I attach the working docs so far produced by colleagues. I would also invite Nicolas Rollier to organise conf calls for the first two bullets above (many thanks Nicolas). Regards and thanks to all. Speak soon. Lee

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Draft Follow-up Paper ICANN and Human Rights
by Niels ten Oever Jan. 16, 2015

Jan. 16, 2015

Dear all, I hope this email finds you well. In preparation of our call tomorrow I am sending you the draft version of the follow-up paper produced by Article19 and Monika Zalnieriute. (We aware that more editing is needed.) This paper is meant to further the the discussion on ICANN and Human Rights, and together with the FAQ and summary of the CoE report this should form sufficient basis to inform ICANN stakeholders and push for the formation of the cross-community working group in Singapore. Looking forward to discuss this paper with you on the call tomorrow. Written comments (with track changes) and contributions are of course also very welcome. 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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ICANN and human rights - conf call tuesday 16 Dec
by HIBBARD Lee Jan. 7, 2015

Jan. 7, 2015

Thanks to Nicolas for organising our next conf call, the details of which are below - speak to you all on 16 Jan. Lee -----Message d'origine----- De : conferencing.swisscom(a)swisscom.com<mailto:conferencing.swisscom@swisscom.com> [mailto:conferencing.swisscom@swisscom.com] Envoyé : mercredi 7 janvier 2015 15:42 À : _BAKOM-Empfang Objet : Booking confirmation for moderator - Conference on Jan 16, 2015 / 3:00 PM CET Dear moderator The conference on the subject of Office fédéral de la communication OFCOM has been booked on the account of Nicolas Rollier. Date: Jan 16, 2015 at 3:00 PM CET Moderator Access and Control via Web https://conferencing.swisscom.ch/conference/urllogin.do?L=en&TOKEN=6d2e0c05… or Access via phone only Dial In Numbers +41 58 262 08 91 (Deutsch) +41 58 262 08 93 (Français) +41 58 262 08 94 (Italiano) +41 58 262 08 92 (English) Freecall: https://conferencing.swisscom.ch/conference/download/en/Freephone_Access.pdf Access code Moderator: 949160 Participant: 879294 Security code: For this conference a Security code is not necessary. OneClick Moderator iPhone +41582620722,,949160 BlackBerry +41582620722x949160 Control with your telephone keypad https://conferencing.swisscom.ch/conference/download/en/DTMF_en.pdf Kind regards, Swisscom (Switzerland) Ltd. Conferencing Services Telefon 0041 (0)800 800 205 Telefax 0041 (0)800 800 305 conferencing.swisscom(a)swisscom.com<mailto:conferencing.swisscom@swisscom.com> www.swisscom.ch/conferencingservices<http://www.swisscom.ch/conferencingservices> From: HIBBARD Lee Sent: lundi 5 janvier 2015 11:25 To: cc-humanrights(a)icann.org Cc: Nicolas.Rollier(a)bakom.admin.ch Subject: [cc-humanrights] ICANN and human rights - summary conf call tuesday 16 Dec Hello everyone and happy new year! Thank you to those of you who have completed the Doodle poll for our next Conf which will be on 16 Jan at 15:00 CET. Robin and Olga - although you cannot make it then can we find an alternative way to debrief thereafter? Nicolas - could you please arrange the conf call? Regards to all. Many thanks, Lee From: HIBBARD Lee Sent: samedi 20 décembre 2014 20:14 To: Rafik Dammak Cc: cc-humanrights(a)icann.org<mailto:cc-humanrights@icann.org>; mark.carvell(a)culture.gov.uk<mailto:mark.carvell@culture.gov.uk>; Olga Cavalli (olgacavalli(a)gmail.com<mailto:olgacavalli@gmail.com>) Subject: Re: [cc-humanrights] ICANN and human rights - summary conf call tuesday 16 Dec Apologies, I should have added that doodle times are CET. Regards Lee Lee Hibbard Sent from my iPhone On 19 déc. 2014, at 15:56, "HIBBARD Lee" <Lee.HIBBARD(a)coe.int<mailto:Lee.HIBBARD@coe.int>> wrote: Thanks Rafik. So the date of our next conf call, during the week of 12 Jan, will depend on the results of the doodle poll which I would invite all people on the list to complete: http://doodle.com/xzxmkwzusnf4v9pa Regards and happy holidays to all. Lee From: Rafik Dammak [mailto:rafik.dammak@gmail.com] Sent: vendredi 19 décembre 2014 05:41 To: HIBBARD Lee Cc: cc-humanrights(a)icann.org<mailto:cc-humanrights@icann.org>; mark.carvell(a)culture.gov.uk<mailto:mark.carvell@culture.gov.uk>; Olga Cavalli (olgacavalli(a)gmail.com<mailto:olgacavalli@gmail.com>) Subject: Re: [cc-humanrights] ICANN and human rights - summary conf call tuesday 16 Dec Hi Lee, thanks for this summary. I have few comments: - the time: starting from 16:00CET is not convenient for those in AsiaPac. better to provide more time slots . - next call date: it won't be convenient for those from NCSG, since most of them will be traveling in Wednesday 14th after 2 full days meeting. since we will use doodle poll, please put several days/time slots to fill. I am ok with bi-weekly calls since we should do more things via mailing list - room booking: request was done, we have to wait since ICANN meeting team will process requests for rooms/slots received in 15th Dec. I asked for 2 sessions but hard to says if we can get both. Best, Rafik 2014-12-18 21:02 GMT+09:00 HIBBARD Lee <Lee.HIBBARD(a)coe.int<mailto:Lee.HIBBARD@coe.int>>: Dear colleagues, Thanks to everyone who took part in the last conference call which, subject to your comments/corrections/suggestions, I would summarise as follows: Conf call Tues 16 Dec / Present: Hanane, Joy, Marilia, Niels, Lee, Robin, Stephanie, Olivier - regular conf calls from Jan 2015 / to be planned during next conf call - Conf call / 14 Jan exact time to be decided by Doodle poll (+ call to be organised by Thomas/Nicolas) - Doc1 draft / 7 Qs/FAQ/human rights for dummies - Joy to lead and prepared by 14 Jan call - Doc2 draft / summary of CoE paper - Marilia to lead and prepared by 14 Jan call - Doc3 draft / applied scenarios paper - Niels, Monika and Joy to lead and prepared by 14 Jan call - ICANN52 / room booking - request made by Rafik (confirmed?) - ICANN52 / meeting in two parts (still valid?) - ICANN52 / tentative agenda remains valid (re-discuss in conf call) - ICANN52 / overall objective: convene a working group to discuss the drafting of a charter for a CCWG on ICANN & human rights - Webinar (joint?) / 21 Jan (next steps?) - led by Niels and Marilia I copy Thomas and Nicolas to the email to ask them to organise our next conf call on the afternoon on 14 Jan (from 16:00 CET?) as well as to consider organising regular weekly/bi-weekly calls from thereon until ICANN52? I also copy GAC reps, Olga Cavalli and Mark Carvell, to this message to invite them to subscribe to the mailing list (https://mm.icann.org/mailman/listinfo/cc-humanrights) and join the calls. Regards to all and season's greetings!! Lee _______________________________________________ cc-humanrights mailing list cc-humanrights(a)icann.org<mailto:cc-humanrights@icann.org> https://mm.icann.org/mailman/listinfo/cc-humanrights

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ICANN and human rights - summary conf call tuesday 16 Dec
by HIBBARD Lee Jan. 5, 2015

Jan. 5, 2015

Dear colleagues, Thanks to everyone who took part in the last conference call which, subject to your comments/corrections/suggestions, I would summarise as follows: Conf call Tues 16 Dec / Present: Hanane, Joy, Marilia, Niels, Lee, Robin, Stephanie, Olivier - regular conf calls from Jan 2015 / to be planned during next conf call - Conf call / 14 Jan exact time to be decided by Doodle poll (+ call to be organised by Thomas/Nicolas) - Doc1 draft / 7 Qs/FAQ/human rights for dummies - Joy to lead and prepared by 14 Jan call - Doc2 draft / summary of CoE paper - Marilia to lead and prepared by 14 Jan call - Doc3 draft / applied scenarios paper - Niels, Monika and Joy to lead and prepared by 14 Jan call - ICANN52 / room booking - request made by Rafik (confirmed?) - ICANN52 / meeting in two parts (still valid?) - ICANN52 / tentative agenda remains valid (re-discuss in conf call) - ICANN52 / overall objective: convene a working group to discuss the drafting of a charter for a CCWG on ICANN & human rights - Webinar (joint?) / 21 Jan (next steps?) - led by Niels and Marilia I copy Thomas and Nicolas to the email to ask them to organise our next conf call on the afternoon on 14 Jan (from 16:00 CET?) as well as to consider organising regular weekly/bi-weekly calls from thereon until ICANN52? I also copy GAC reps, Olga Cavalli and Mark Carvell, to this message to invite them to subscribe to the mailing list (https://mm.icann.org/mailman/listinfo/cc-humanrights) and join the calls. Regards to all and season's greetings!! Lee

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Here are the comments, as the attachment did not come through: sorry about that.
by Susan Aaronson Dec. 17, 2014

Dec. 17, 2014

*Questions and Answers on Human Rights Issues at ICANN* *Susan Ariel Aaronson comments * 1.Why is human rights an issue at ICANN?What does domain name registration have to do with human rights? /Under international human rights laws and new Guiding Principles on Business and Human Rights, firms, even public benefit firms such as ICANN, also have human rights responsibilities. Every action firms take can affect their stakeholders; the effects are not static; they can change over time; and simultaneously these actions can both undermine and/or enhance specific human rights. The Universal Declaration on Human Rights delineates the 38 human rights that governments must *respect, protect and remedy*. Firms are responsible for *respecting human rights*./ /http://www.ohchr.org/Documents/Publications/HR.PUB.12.2_En.pdf/// // 2.What are the key human rights issues that have been identified at ICANN? For a good overview, see Council of Europe http://www.coe.int/t/informationsociety/icann-and-human-rights.asp * In /order to operate in the public interest, ICANN has to comply with international human rights standards. Needs to human rights framework to make decisions. / * /The notion of public interest is insufficiently clear to provide guidance in policy development processes; accountability requires measurable standards. Human rights could serve to delineate the notion of public interest./ * /States need to be aware of their responsibility to protect the human rights of their citizens, also with regard to internet governance. / * /Human rights and the right to freedom of expression in particular need to be fully taken into account when deciding on the approval or refusal of sensitive new gTLDs./ * /The positive obligations of states require specific attention to vulnerable groups. It is desirable that the people-centeredness of ICANN's policy development is further improved. A balance must be struck between economic interests and other objectives of common interest, such as pluralism, cultural and linguistic diversity. Auctions may be an efficient way of allocation from an economic point of view but not from a view of respecting plurality and diversity. ICANN must always ensure that the outcome is in the best public interest. / * /Human rights and the right to private life in particular require a rebalancing exercise with regard to the processing and retention of data under the 2013 RAA as well as to public access to personal information in the WHOIS/database. /ICANN also has responsibilities to respect human rights in "how" it makes decisions. / 3.Whose responsibility is it to resolve these issues legally and from a policy perspective, and why? /As noted above, states have principal responsibilities to protect, respect and remedy human rights; firms must respect. Hence states can hold firms to account. / /They should also not delegate human rights responsibilities to firms (as in CSR)./ /https://edri.org/files/EDRI_CoE.pdf/ // 4.Were the obligations in terms of human rights encompassed in the original articles of commitment? /I don't know. / 5.What role should the GAC play in ensuring human rights at ICANN? /Help guide it towards a more responsible, responsive and accountable strategy./ 6.Jurisdiction is a big issue in terms of application of privacy law, freedom of expression, and prosecution of offences.How would those in favour of a more sustained effort to integrate human rights into ICANN policy propose to navigate the jurisdictional issues? /The issue of jurisdiction is one all firms, especially internet firms, must reckon with. / 7.Is there a mechanism to apply data protection law in a harmonized fashion throughout the ecosystem touched by ICANN? /We need shared standards; perhaps building on OECD and APEC Principles...but right now these issues are being addressed in aspirational language in trade agreements and not fully fleshed out. The EU refuses to address privacy in TTIP; both the US and the EU cite other governments' privacy rules as barriers to trade, so we do need to develop shared standards so national standards for privacy and the free flow of information (on which we all depend) can coexist.For more information, see Aaronson, Can Trade Set Information Free,http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2189153/ // Here is my suggested strategy to ICANN: I suggest a couple of things which would also allow ICANN to follow UN Guiding Principles for Business and Human Rights: (see for ICT: http://www.bsr.org/reports/BSR_UN_Guiding_Principles_and_ICT.final.pdf) The attached article shows how hard it is. The Guiding Principles are a set of Guidelines that governments are supposed to encourage firms to follow to respect and protect human rights. Firms are supposed to: --develop and articulate a human rights policy and make sure employees/stakeholders know, understand and implement it --conduct human rights due diligence --do a human rights impact assessment (I can explain, but basically evaluate their human rights footprint, which is really hard to do without human rights metrics) --monitor human rights performance (develop metrics) and hold people accountable for performance. Suggested steps: 1. an e discussion, open to all, facilitated, asking for ideas on how ICANN can weigh its effects on human rights . Get the message out you are trying. 2. delegation of a Board member and ICANN official with responsibility for human rights (As senior as possible) 3. development of human rights policies by staff (perhaps with help from an advisory committee that is globally balanced but includes people who know human rights vs. Internet issues) It is important to understand the juggling act re. human rights... 4. open meeting for feedback on the policy and strategies by which employees are held accountable for adhering to the policy 5. then, per Roy, Joanna and others, creation of a formal HR advisory board 6. assessment of ICANN's human rights impact 7. constant feedback and modes of accountability--e.g. we found this, here's what we did 7. metrics to evaluate ICANN's impact on human rights. // // /My expertise on these issue: scholar of trade and digital rights; scholar of trade and human rights; former advisor to John Ruggie, UN Special Representative on Business and Human Rights. / -- 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/governance/taig/ See http://tinyurl.com/lanrzda for advice on digital trade and internet freedom http://www.gwu.edu/~iiep/researchandpublications/signatureinitiatives/gover… Work on trade, trust, and accountability: http://tinyurl.com/of9loy8 Please visit my SSRN user page: http://ssrn.com/author=1145702

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ICANN's human rights responsibilities
by Susan Aaronson Dec. 17, 2014

Dec. 17, 2014

Rafiq suggested that I comment on the Q and A on ICANN's human rights responsibilities. Enclosed please see my comments as well as my strategy recommendations. I welcome your comments and suggestions for improvement. Happy holidays all. Susan -- 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/governance/taig/ See http://tinyurl.com/lanrzda for advice on digital trade and internet freedom http://www.gwu.edu/~iiep/researchandpublications/signatureinitiatives/gover… Work on trade, trust, and accountability: http://tinyurl.com/of9loy8 Please visit my SSRN user page: http://ssrn.com/author=1145702

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call today?
by Robin Gross Dec. 16, 2014

Dec. 16, 2014

Hi, If there is a call today for this group, could someone please post the connect - dial-in info for it? Thanks, Robin

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proposal for conf call next tuesday 16 Dec
by HIBBARD Lee Dec. 15, 2014

Dec. 15, 2014

Thanks to Nicolas and Thomas for organising next week's conf call which I hope you can all make (call details attached). Regards Lee From: cc-humanrights-bounces(a)icann.org [mailto:cc-humanrights-bounces@icann.org] On Behalf Of HIBBARD Lee Sent: vendredi 12 décembre 2014 15:54 To: 'cc-humanrights(a)icann.org' Subject: [cc-humanrights] Lee Hello to everyone, sorry for my absence recently. I have been trying to join the list and so hoping that this now works. Please find my last messages which I think you did not receive: - Thomas and his colleague Nicolas are willing to organise a conf call next Tuesday 16 Dec afternoon - could you please us how many are able to participate - I would propose 16:30 CET. - For your info, I was in the IGF planning meeting last week and I spoke to two GAC members - Mark Carvell and Olga Cavalli (could they join the list?) - who would be interested to support the initiative and to start preparing a draft charter for a CCWG on ICANN and human rights. - In reply to some recent exchanges, I would also add: - a 10-page application of concrete scenarios thereby in effect applying the CoE report would be interesting. I wonder however if all the proposed issues can be covered in such a short document and whether they can be discussed adequately by the agenda for the cross-community workshop? - tentative agenda for the cross-community workshop seems fine, although I would add discussants from GAC and perhaps CoE. Regards and ready to discuss. Lee

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