Aug. 7, 2015
11:38 a.m.
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 19 www.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@icann.org >>>>> <cc-humanrights-bounces@icann.org> on behalf of Niels ten >>>>> Oever <niels@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 19 www.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! Marília On Mon, Aug 3, >>>>>> 2015 at 12:59 PM, Niels ten Oever <niels@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 list cc-humanrights@icann.org >>>>>> <mailto:cc-humanrights@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 <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 list cc-humanrights@icann.org >>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>>>> >>> _______________________________________________ cc-humanrights >>> mailing list cc-humanrights@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