Aug. 7, 2015
11:07 a.m.
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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
>
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