Dear all, How are you? I volunteered to gather some information about what a framework of interpretation (FOI) should or could entail. Below you will find what I found. My findings are divided in four sections: FOIs in the wider context, FOI resources found in ICANN, some example text for the group, some questions that rose during my search. I hope this is useful, please let me know if I forgot anything or if you have additional resources or questions. *Framework of Interpretation [FOI] * *1. What do FOIs look like in the wider context?* There are not many direct references to FOIs in IG contexts. I found some examples <http://ieeexplore.ieee.org/xpl/login.jsp?tp=&arnumber=6945109&url=http%3A%2F...> at the IEEE, but due to the their focus on interpreting technical issues like areal images these might not be very useful. I found various references to FOIs in academic literature, especially in hard sciences like biology <http://pubs.acs.org/doi/abs/10.1021/es980831t> and physics. These examples tend to follow a certain pattern: - identify object of study - identify standard against which to measure object of study - justify why standard is correct FOI to measure object of study - measure object of study against standard - present outcome, identify gaps, suggest improvements, further research etc. When just searching online for FOI most of the references led me to the book of Genesis. Not sure what to make of this, divine ICANN intervention perhaps? *2. FOI resources and references in ICANN* When searching for examples of frameworks of interpretation in the ICANN archives not a lot comes up. Principally, there is one good example: the Framework of Interpretation Working Group (FOIWG). You can find resources on the group and its work below: Overview: http://ccnso.icann.org/workinggroups/foiwg.htm Charter: https://ccnso.icann.org/workinggroups/charter-foiwg-07jun11-en.pdf Specific report on revocation: https://ccnso.icann.org/workinggroups/foi-revocation-07oct14-en.pdf Final recommendations: https://ccnso.icann.org/workinggroups/foi-final-resolutions-11feb15-en.pdf I also checked the GNSO operating rules, the GNSO WG guidelines, the bylaws and any specific work done by the GAC and the CCNSO. But found nothing. Would be interested to know who first introduced the notion of the FOI in the CCWG, or if there are any resources I might have missed in my search for FOI? Those questions aside, below you will find what I found: I gathered, going through the various documents, transcripts, mailinglists etcetera of the FOIWG, some information about what a FOI is, (which I am sure will make me sound like Captain Obvious, but bare with me). It is: · Not new policy. · A framework to provide interpretation for guiding existing policies. · Relatively unchartered waters, in the sense that there aren’t many examples of it being used. This gives us relative freedom to put together a FOI that best suits our needs. I drafted some text below (based on the links of the FOIWG above). *3. Some example text I put together:* The purpose of this Framework of Interpretation (FOI) is to give a framework for resolving particular human rights related issues and to create an environment (or guidelines?) for making consistent and predictable decisions when it comes to ensuring ICANN’s commitment to respect human rights. This FOI aims to identify and review gaps in existing ICANN policies and guidelines, and evaluate whether a formal PDP is necessary to cover such policy gaps. This FOI allows for the creation of a detailed analysis of existing ICANN policies that have an impact on the ability, or extent to which, ICANN upholds its commitment to respect human rights. This FOI will include the following steps: 1. Identifying the applicable policies, guidelines, and topics, as per the scope set by the by WP (or whichever ICANN group is allowed and able to do this). 2. Do a Human Rights Impact Assessment of these identified policies, guidelines, and topics. 3. Provide recommendations for potential improvements. I hope this text ties into the work that you have already done. I am not that familiar with ICANN processes and procedures, so I hope I did not break (the Internet) any rules on how we can go about defining FOIs. Keep in mind, this is just a straw man, so feel free to bash, edit and change. *4. Some questions that might need answering:* How broad do we want the FOI to be applied? For instance, will we suggest which specific policies, guidelines and topics it applies to (limiting the scope) or will we want them applied across the board (no pun intended)? Do we have an agreed upon method for doing human rights impact assessments that is accepted by the ICANN community (for example Motoko’s method)? What shape or form should the recommendations come in? How nitty-gritty should we go? What is the nature of any advice coming out of this? What happens if it is not followed up? Best, Corinne On Fri, Apr 15, 2016 at 1:00 PM, <cc-humanrights-request@icann.org> wrote:

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Today's Topics:

1. Terms of Reference CCWP HR SG2 - WS2 (Niels ten Oever) 2. CCWP SG 3 PDP meet tomorrow (Niels ten Oever)

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Message: 1 Date: Thu, 14 Apr 2016 15:28:32 +0200 From: Niels ten Oever <niels@article19.org> To: Human Rights <cc-humanrights@icann.org>, cc-humanrights-ws2@icann.org Subject: [cc-humanrights] Terms of Reference CCWP HR SG2 - WS2 Message-ID: <570F9B00.1030902@article19.org> Content-Type: text/plain; charset="utf-8"

Hi all,

Thank you all for your input.

Hereby the Terms of Reference for CCWP Human Rights Subgroup 2 on human rights issues in Workstream 2 is also finished. Please find it underneath.

Of course we have always things to do, also if you're new to ICANN, we have bite sized to do's, so feel free to send me an e-mail if you're interested.

Best,

Niels

Niels

0. Mandate ---------- Advancing the work on proposing specific internal processes and procedural aspects on how ICANN can operationalize its commitment to human rights - specifically in the context of the implementation of the human rights bylaw in workstream 1 (WS1) and the development of a Framework on Interpretation (FoI) in workstream 2 (WS2).

1. Output ---------- - Provide input to the shaping of the human rights bylaw as described in Annex 6 of the CCWG Report during implementation period of WS1 - Provide input on process for the development of an FoI for the human rights bylaw in WS2 - Provide input to the discussion on the FoI for human rights in WS2 - Provide input to discussions on other human rights relevant issues in WS2 - Inform the CCWP HR at large on the progress of the work in CCWG and ensure it is informed by other human rights relevant work and issues in other processes or part of ICANN and the ICANN community

2. Calls -------- April 8, 16:0 UTC May 6, 13:00 UTC June 3, 16:00 UTC

3. Areas of work ------------------------ - engage with CCWG in WS2 on the utility of Human Rights Impact Assessments (Vidushi, Motoko, Niels) - analysis of existing Frameworks of Interpretation in ICANN and adjacent spaces (Corinne) - provide framing on what a 'FoI' should or could entail (All) - analyze which human rights instruments, guidelines and methods are relevant and appropriate (Aarti and Tatiana)

Niels ten Oever Head of Digital

Article 19 www.article19.org

PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

On 04/08/2016 06:52 PM, Niels ten Oever wrote:

...

Niels

0. Mandate ---------- Advancing the work on proposing specific internal processes and procedural aspects on how ICANN can operationalize its commitment to human rights - specifically in the context of the implementation of the human rights bylaw in workstream 1 (WS1) and the development of a Framework on Interpretation (FoI) in workstream 2 (WS2).

1. Output ---------- - Provide input to the shaping of the human rights bylaw as described in Annex 6 of the CCWG Report during implementation period of WS1 - Provide input on process for the development of an FoI for the human rights bylaw in WS2 - Provide input to the discussion on the FoI for human rights in WS2 - Provide input to discussions on other human rights relevant issues in WS2 - Inform the CCWP HR at large on the progress of the work in CCWG and ensure it is informed by other human rights relevant work and issues in other processes or part of ICANN and the ICANN community

2. Calls -------- April 8, 16:0 UTC May 6, 13:00 UTC June 3, 16:00 UTC

3. Areas of work ------------------------ - engage with CCWG in WS2 on the utility of Human Rights Impact Assessments (Vidushi, Motoko, Niels) - analysis of existing Frameworks of Interpretation in ICANN and adjacent spaces (Corinne) - provide framing on what a 'FoI' should or could entail (All) - analyse which human rights instruments, guidelines and methods are relevant and appropriate (Aart and Tatiana)