Re: [cc-humanrights] cc-humanrights Digest, Vol 17, Issue 22

April 26, 2016

      Dear all,

Thank for the great call yesterday. I was happy to hear we are off to a
good start with the FOI. I still have some particular questions about how
to continue the work on the FOI.

Especifically I was wondering if @Tatiana could share some of her thoughts
about how we can fit the FOI into the concept of the bylaw interpretation,
as per our call yesterday?

Additionally, I was wondering if @Motoko has any particular insights into
what elements must be present in a FOI?

Lastly, I had a look at the CCWP HR SG2 ToR and it seems that we are making
real headway towards achieving some of the stated outputs, especially as
they relate to the development of the FOI for human rights in WS2. That
being said I think the FOI still needs some additional fine-tuning, so if
any of you in addition to the people I posed direct questions to, have any
thoughts they would like to share please do so. I will collect the
different comments made on this thread, and make sure they are reflected in
the next iteration of the FOI.

Best,

Corinne

On Thu, Apr 21, 2016 at 11:06 AM, <cc-humanrights-request@icann.org> wrote:
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Today's Topics:
1. Re: cc-humanrights Digest, Vol 17, Issue 20 (Corinne Cath)
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Message: 1
Date: Thu, 21 Apr 2016 11:06:15 +0100
From: Corinne Cath <cattekwaad@gmail.com>
To: cc-humanrights@icann.org
Subject: Re: [cc-humanrights] cc-humanrights Digest, Vol 17, Issue 20
Message-ID:
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CAD499e+K4ijLxewzkOgVEGxdC6YiVhU++-y4A0EXzGnf9Si3_Q@mail.gmail.com>
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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)
----------------------------------------------------------------------
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>
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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)

Corinne Cath

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