Aug. 7, 2015
11:44 a.m.
seems to me a practical way forward best Jorge Von meinem iPhone gesendet > Am 07.08.2015 um 13:43 schrieb James Gannon <james@cyberinvasion.net>: > > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA512 > > Agreed working on a good basic implementation into the bylaws without necessarily going into specifics is a good idea so that the CCWP and WS2 can actually come up with solid standards that the bylaw will then be able to be held as a standard against. > > - -James > > -----BEGIN PGP SIGNATURE----- > Comment: GPGTools - https://gpgtools.org > > iQIcBAEBCgAGBQJVxJnDAAoJEBxBGYNnmmTvBqQQAJvj5/T7naNtV6sKTRHYEm5F > RJbi/y2zImS6PdVcz9PdeG1Ko83+2A8pS/9spBc5B8x82tIpzqckrDkhPeX5pzP6 > UG7XHNtHCREq99M8SDfEyHV8rM0PMEGEmtv5Dgs04K3hImUM6LCreqX126lcjTZw > omnlN+dAzGaNdX4fWTnNlmWRPx+y/nH+xQNw7riXoxv2uoCn+QVPn0M9JvvIjcmT > RTRBTVmO928PRl31wOVNcxMpLqkHXZltQhobGugaVHzbcEnAOkTmT9eBVeVWEkEV > EXCQNm3hmNprDpLXAdt975axbh7qmF5u8kX86Xi7JmtlT7g+Rj1hW83zAjRyxW8T > Zu6/FYLSKuT1zlJ5LBaLph+I2yA/YwtXG7t9odstqd8YnqAdUZu+FNDloNcUOL/K > lmz8S8MBRbsoCWWsXfcJPMF5rTcEhys4frOzxWktfe2cNi4OeKiUvw1jpxAiTLO0 > EIrfogdVrLIWkiD2M0HZZkiKtO3UxEx2kGgj6IZLPQniuF6/hA3juNQsbDrCr8J+ > N9n0mMYv/6hwjm0JecTl1sdGP6zUsb7g71KFVCpBCyj5Lmq6eLgzOhVwImm5xQDt > aKr75gXWDDvnsfMm7j3lFo4H63438W1JMJ5lN3q+00sgFfZi+qBWF7QlZ+w1CsPJ > FWP8mzQS4Vke+uXUqvEN > =/CH3 > -----END PGP SIGNATURE----- > > > >> On 7 Aug 2015, at 12:38, Matthew Shears <mshears@cdt.org> 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 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 > > _______________________________________________ > cc-humanrights mailing list > cc-humanrights@icann.org > https://mm.icann.org/mailman/listinfo/cc-humanrights