Aug. 7, 2015
11:43 a.m.
-----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 >