-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 Dear all, This might be of interest to you (from CCWG on Accountability https://mm.icann.org/pipermail/accountability-cross-community/2015-July/ 004798.html ) Best, Niels Mathieu Weill mathieu.weill at 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. - -- ***************************** Mathieu WEILL AFNIC - directeur général Tél: +33 1 39 30 83 06 mathieu.weill at afnic.fr Twitter : @mathieuweill ***************************** - -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 -----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJVv4/hAAoJEAi1oPJjbWjpXt0H/0tNCuJbPEltbAzmZGhlemxP kolITvLqCjqpgZQdIMefBfFKHgMXP/lTdqPasZ2Ky3x3+aRJdyUpBGVklAWEOTTF WTriXweW+i5JKpKnzW4k54fXR+gl3QOQ46fVzt7aurW3ZuwEzB+61YV9AFjFth6G 2K0W148JDDX5YoLuM68h/Xx2DqY3yx2tcfCz5i8txdDnxOwij2lrNoUWLnZFy8hF p2skw4mbsT/P6FPk7e1lAedPj6ea9IMtP8xeBZmO1UGD0dnuCFnao50zIA7faKgo 27a8MSsz9tC+pPgk2WJd8FjYhh2yQCH3RFRe3f779LCHEzDfHuQqK/G+CA2wNn4= =lmy3 -----END PGP SIGNATURE-----
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> wrote:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
Dear all,
This might be of interest to you (from CCWG on Accountability https://mm.icann.org/pipermail/accountability-cross-community/2015-July/ 004798.html )
Best,
Niels
Mathieu Weill mathieu.weill at 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.
- -- ***************************** Mathieu WEILL AFNIC - directeur général Tél: +33 1 39 30 83 06 mathieu.weill at afnic.fr Twitter : @mathieuweill *****************************
- -- Niels ten Oever Head of Digital
Article 19 www.article19.org
PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 -----BEGIN PGP SIGNATURE----- Version: GnuPG v2
iQEcBAEBCAAGBQJVv4/hAAoJEAi1oPJjbWjpXt0H/0tNCuJbPEltbAzmZGhlemxP kolITvLqCjqpgZQdIMefBfFKHgMXP/lTdqPasZ2Ky3x3+aRJdyUpBGVklAWEOTTF WTriXweW+i5JKpKnzW4k54fXR+gl3QOQ46fVzt7aurW3ZuwEzB+61YV9AFjFth6G 2K0W148JDDX5YoLuM68h/Xx2DqY3yx2tcfCz5i8txdDnxOwij2lrNoUWLnZFy8hF p2skw4mbsT/P6FPk7e1lAedPj6ea9IMtP8xeBZmO1UGD0dnuCFnao50zIA7faKgo 27a8MSsz9tC+pPgk2WJd8FjYhh2yQCH3RFRe3f779LCHEzDfHuQqK/G+CA2wNn4= =lmy3 -----END PGP SIGNATURE----- _______________________________________________ cc-humanrights mailing list 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 PoliTICs Magazine Advisory Committee - http://www.politics.org.br/ Subscribe "Digital Rights: Latin America & the Caribbean" - http://www.digitalrightslac.net/en
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 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-Jul y/
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju 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
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJVwgHyAAoJEAi1oPJjbWjpef8H+gPWHfT1Nhwjmfhm93uHMx8V xsRgoaKo48J1puKAHkqeEl7p9U30nvTKOnybedaspxDYkE3FudKAtzJhIVzST+uz 1Ry71vMWb6HwAHqmveDZ7Fl4vA+0fn6gMReKvVh5sLB0+BxyhUfX5IDnOIPYyBky 2FVR3+Pg9eqKLL8ZdU5qaPoMO/e29zx+SSbHlDiygC9abfGEe/w3E8pNDCHBWN0q C/VmC1ZbDNcu9VW5RQFmzlOPZVSSk0NqIsq7k008zVPlzOuS9wYETXKKqCiysOec ivks8asu29jufnCzF2gmHkk7g9y33zJQ86onMRKr4h4+sjOBx+hVqJYi6ONLXys= =FVTA -----END PGP SIGNATURE-----
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers) Rafik 2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org>:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
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-Jul y/
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju 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
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2
iQEcBAEBCAAGBQJVwgHyAAoJEAi1oPJjbWjpef8H+gPWHfT1Nhwjmfhm93uHMx8V xsRgoaKo48J1puKAHkqeEl7p9U30nvTKOnybedaspxDYkE3FudKAtzJhIVzST+uz 1Ry71vMWb6HwAHqmveDZ7Fl4vA+0fn6gMReKvVh5sLB0+BxyhUfX5IDnOIPYyBky 2FVR3+Pg9eqKLL8ZdU5qaPoMO/e29zx+SSbHlDiygC9abfGEe/w3E8pNDCHBWN0q C/VmC1ZbDNcu9VW5RQFmzlOPZVSSk0NqIsq7k008zVPlzOuS9wYETXKKqCiysOec ivks8asu29jufnCzF2gmHkk7g9y33zJQ86onMRKr4h4+sjOBx+hVqJYi6ONLXys= =FVTA -----END PGP SIGNATURE----- _______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 Hi Rafik, Would you have a link to that mailinglist so people here can subscribe? Thanks! 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 02:46 PM, Rafik Dammak wrote:
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers)
Rafik
2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org <mailto:niels@article19.org>>:
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 <http://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> <mailto: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/ <https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju l
y/>
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-J
u
ly/
004798.html>
)
Best,
Niels
Mathieu Weill mathieu.weill at afnic.fr <http://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> <mailto: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> <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 <mailto:cc-humanrights@icann.org> https://mm.icann.org/mailman/listinfo/cc-humanrights
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJVwggBAAoJEAi1oPJjbWjpe9IIAIIdu5IPgfue3Qc0JhQ3ydMv qcXHEwXPnfxoJB+ZXk8FUUBpB030mvjvDxWoKErd6QKJW9xv2VQxJN7Ry+rhOaam +GO0sWcn6ZXCxxgHPvU0nkG41IcK2L5gqBPYN4EBpRs6eqqiNb4Z6fmisYkJGY74 BOO5J2ISdVkhvH3jqVXhboqoGyZJXsKPVbCj4aYJBnCYhj6Np2ftR2kKMBa/q8WC dWubYTf4n/rtb12ePSbjFm0sT6uJMGBKmYUb7ACU2K9Rg1ms8awtnqPSRm7Wq33c mdYBt7Kh+VykkDtpVYI8at9hOPBxwOct9xlo4vwemvF+F2hAqUllvRDD0jOAkkE= =5fZt -----END PGP SIGNATURE-----
Hi Niels, I think you need to ask the staff to join acct-staff@icann.org Best, Rafik 2015-08-05 21:56 GMT+09:00 Niels ten Oever <niels@article19.org>:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
Hi Rafik,
Would you have a link to that mailinglist so people here can subscribe?
Thanks!
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 02:46 PM, Rafik Dammak wrote:
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers)
Rafik
2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org <mailto:niels@article19.org>>:
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 <http://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> <mailto: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/ <https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju l
y/>
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-J
u
ly/
004798.html>
)
Best,
Niels
Mathieu Weill mathieu.weill at afnic.fr <http://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> <mailto: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> <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 <mailto:cc-humanrights@icann.org> https://mm.icann.org/mailman/listinfo/cc-humanrights
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2
iQEcBAEBCAAGBQJVwggBAAoJEAi1oPJjbWjpe9IIAIIdu5IPgfue3Qc0JhQ3ydMv qcXHEwXPnfxoJB+ZXk8FUUBpB030mvjvDxWoKErd6QKJW9xv2VQxJN7Ry+rhOaam +GO0sWcn6ZXCxxgHPvU0nkG41IcK2L5gqBPYN4EBpRs6eqqiNb4Z6fmisYkJGY74 BOO5J2ISdVkhvH3jqVXhboqoGyZJXsKPVbCj4aYJBnCYhj6Np2ftR2kKMBa/q8WC dWubYTf4n/rtb12ePSbjFm0sT6uJMGBKmYUb7ACU2K9Rg1ms8awtnqPSRm7Wq33c mdYBt7Kh+VykkDtpVYI8at9hOPBxwOct9xlo4vwemvF+F2hAqUllvRDD0jOAkkE= =5fZt -----END PGP SIGNATURE-----
AS for the strategy....I think it would be a good idea to discuss it with Avri among others who have been in the thick of it trying to get the language into the bylaws. The CCWG gets quite heated and this is very controversial and close to some government hearts, not to mention industry hearts. I would suggest a somewhat cautious approach, but perhaps I just find the CCWG multiple conversations and calls overwhelming. I would suggest you have a listen to some of them before you wade in Niels. cheers Stephanie PS I will see if I can find and forward the email that has the list of all who have joined the group. On 2015-08-05 8:46, Rafik Dammak wrote:
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers)
Rafik
2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org <mailto:niels@article19.org>>:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
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 <http://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> <mailto: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-Jul y/ <https://mm.icann.org/pipermail/accountability-cross-community/2015-Jul%0Ay/> > > 004798.html > <https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju ly/ > > 004798.html> > ) > > Best, > > Niels > > Mathieu Weill mathieu.weill at afnic.fr <http://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> > <mailto: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> > <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 > -----BEGIN PGP SIGNATURE----- Version: GnuPG v2
iQEcBAEBCAAGBQJVwgHyAAoJEAi1oPJjbWjpef8H+gPWHfT1Nhwjmfhm93uHMx8V xsRgoaKo48J1puKAHkqeEl7p9U30nvTKOnybedaspxDYkE3FudKAtzJhIVzST+uz 1Ry71vMWb6HwAHqmveDZ7Fl4vA+0fn6gMReKvVh5sLB0+BxyhUfX5IDnOIPYyBky 2FVR3+Pg9eqKLL8ZdU5qaPoMO/e29zx+SSbHlDiygC9abfGEe/w3E8pNDCHBWN0q C/VmC1ZbDNcu9VW5RQFmzlOPZVSSk0NqIsq7k008zVPlzOuS9wYETXKKqCiysOec ivks8asu29jufnCzF2gmHkk7g9y33zJQ86onMRKr4h4+sjOBx+hVqJYi6ONLXys= =FVTA -----END PGP SIGNATURE----- _______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org <mailto: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
Hi, I suggest that those who are concerned with the wording of the Accountability Work Stream 1 bylaw participate in the CCWG's Work Party 4. I also think getting support for the HR bylaw in the various comments submitted by the AC/SO/SG/RALO/Cs/ALS/organizations etc we participate in, is more important that getting a comment from the CCWP unless we can get our various groups to endorse it. But that is just the beginning of the work that needs to be done once we get the bylaw. This group can do a lot in preparation for WS2 in terms of starting the debate on what this commitment will mean in terms of specific implementation details. E.g. - what processes need to be looked at? Like: there is a placeholder for rights impact assessments in GNSO PDPs - Is that sufficient? How do we get these impact assessments done? Is this volunteer task or a professional task, or something hybrid? Does an impact assement have the wieght of a comment or of advice? - what role does/should/could Corporate Social Responsibility inside ICANN corporate have in any implementation that may respond to a commitment to respect human rights. I think we can use Guiding Principles on Business and Human Rights <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.p...> <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>* to guide the discussion to some extent. It might, for example be worth working through the recommendations (appended below) to see how they may or may not relate to ICANN. Might also be worth mapping the ones that ICANN already does, to the specifics of ICANN practice. These excerpts are copied from a message I sent to the accountability team. --- The UN text also contains explanations for each item. But for those who do not have time to read the whole document and Holly's excellent papers on this, this list is a starting place. these guiding principles are based upon fundamental human rights as defined in the UDHR, the ICCPR and the IESCR, i.e. the International Bill of Rights and ILO Pundamental Principles and Rights at Work. In my view, the operational policy already existing in ICANN and being added by WS1 meet many if not most of the conditions already. The list serves as a guideline of issues to be further studied in WS2 as a means of meeting the commitment we need to include in WS1. Given an choice I would recommend that the first activity of WS2 would be for appropriate staff to produce a mapping of each of these to the various ICANN principles and operational practices. --- These Guiding Principles are grounded in recognition of: (a) States’ existing obligations to respect, protect and fulfil human rights andfundamental freedoms; (b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights; (c) The need for rights and obligations to be matched to appropriate and effective remedies when breached. (1-10 all pertain to states) *A. Foundational principles* 11. Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. 12. The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. 13. The responsibility to respect human rights requires that business enterprises: (a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts. 14. The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts. 15. In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including: (a) A policy commitment to meet their responsibility to respect human rights; (b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; (c) Processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute. *B. Operational principles* 16. As the basis for embedding their responsibility to respect human rights, business enterprises should express their commitment to meet this responsibility through a statement of policy that: (a) Is approved at the most senior level of the business enterprise; (b) Is informed by relevant internal and/or external expertise; (c) Stipulates the enterprise’s human rights expectations of personnel, business partners and other parties directly linked to its operations, products or services; (d) Is publicly available and communicated internally and externally to all personnel, business partners and other relevant parties; (e) Is reflected in operational policies and procedures necessary to embed it throughout the business enterprise. *Human rights due diligence* 17. In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence: (a) Should cover adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships; (b) Will vary in complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations; (c) Should be ongoing, recognizing that the human rights risks may change over time as the business enterprise’s operations and operating context evolve. 18. In order to gauge human rights risks, business enterprises should identify and assess any actual or potential adverse human rights impacts with which they may be involved either through their own activities or as a result of their business relationships. This process should: (a) Draw on internal and/or independent external human rights expertise; (b) Involve meaningful consultation with potentially affected groups and other relevant stakeholders, as appropriate to the size of the business enterprise and the nature and context of the operation. 19. In order to prevent and mitigate adverse human rights impacts, business enterprises should integrate the findings from their impact assessments across relevant internal functions and processes, and take appropriate action. (a) Effective integration requires that: (i) Responsibility for addressing such impacts is assigned to the appropriate level and function within the business enterprise; (ii) Internal decision-making, budget allocations and oversight processes enable effective responses to such impacts. (b) Appropriate action will vary according to: (i) Whether the business enterprise causes or contributes to an adverse impact, or whether it is involved solely because the impact is directly linked to its operations, products or services by a business relationship; (ii) The extent of its leverage in addressing the adverse impact. 20. In order to verify whether adverse human rights impacts are being addressed, business enterprises should track the effectiveness of their response. Tracking should: (a) Be based on appropriate qualitative and quantitative indicators; (b) Draw on feedback from both internal and external sources, including affected stakeholders. 21. In order to account for how they address their human rights impacts, business enterprises should be prepared to communicate this externally, particularly when concerns are raised by or on behalf of affected stakeholders. Business enterprises whose operations or operating contexts pose risks of severe human rights impacts should report formally on how they address them. In all instances, communications should: (a) Be of a form and frequency that reflect an enterprise’s human rights impacts and that are accessible to its intended audiences; (b) Provide information that is sufficient to evaluate the adequacy of an enterprise’s response to the particular human rights impact involved; (c) In turn not pose risks to affected stakeholders, personnel or to legitimate requirements of commercial confidentiality. *Remediation* 22. Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes. 23. In all contexts, business enterprises should: (a) Comply with all applicable laws and respect internationally recognized human rights, wherever they operate; (b) Seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements; (c) Treat the risk of causing or contributing to gross human rights abuses as a legal compliance issue wherever they operate. 24. Where it is necessary to prioritize actions to address actual and potential adverse human rights impacts, business enterprises should first seek to prevent and mitigate those that are most severe or where delayed response would make them irremediable. *III. Access to remedy* *A. Foundational principle* 25. As part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy. *B. Operational principles* *State -based grievance mechanisms* 26 & 27 refer to state obligations *Non-State -based grievance mechanisms* 28. States should consider ways to facilitate access to effective non-State based grievance mechanisms dealing with business-related human rights harms. 29. To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted. 30. Industry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available. *Effectiveness criteria for non-judicial grievance mechanisms* 31. In order to ensure their effectiveness, non-judicial grievance mechanisms, both State-based and non-State-based, should be: (a) Legitimate: enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes; (b) Accessible: being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access; (c) Predictable: providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation; (d) Equitable: seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms; (e) Transparent: keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake; (f) Rights-compatible: ensuring that outcomes and remedies accord with internationally recognized human rights; (g) A source of continuous learning: drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms; Operational-level mechanisms should also be: (h) Based on engagement and dialogue: consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances. avri On 05-Aug-15 10:16, Stephanie Perrin wrote:
AS for the strategy....I think it would be a good idea to discuss it with Avri among others who have been in the thick of it trying to get the language into the bylaws. The CCWG gets quite heated and this is very controversial and close to some government hearts, not to mention industry hearts. I would suggest a somewhat cautious approach, but perhaps I just find the CCWG multiple conversations and calls overwhelming. I would suggest you have a listen to some of them before you wade in Niels. cheers Stephanie PS I will see if I can find and forward the email that has the list of all who have joined the group.
On 2015-08-05 8:46, Rafik Dammak wrote:
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers)
Rafik
2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org <mailto:niels@article19.org>>:
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 <http://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> <mailto: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-Jul y/ <https://mm.icann.org/pipermail/accountability-cross-community/2015-Jul%0Ay/>
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju ly/
004798.html>
)
Best,
Niels
Mathieu Weill mathieu.weill at afnic.fr <http://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> <mailto: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> <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 <mailto: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
_______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
Thanks Avri, very helpful to get us started! Steph On 2015-08-05 11:34, Avri Doria wrote:
Hi,
I suggest that those who are concerned with the wording of the Accountability Work Stream 1 bylaw participate in the CCWG's Work Party 4.
I also think getting support for the HR bylaw in the various comments submitted by the AC/SO/SG/RALO/Cs/ALS/organizations etc we participate in, is more important that getting a comment from the CCWP unless we can get our various groups to endorse it.
But that is just the beginning of the work that needs to be done once we get the bylaw. This group can do a lot in preparation for WS2 in terms of starting the debate on what this commitment will mean in terms of specific implementation details.
E.g.
- what processes need to be looked at? Like: there is a placeholder for rights impact assessments in GNSO PDPs - Is that sufficient? How do we get these impact assessments done? Is this volunteer task or a professional task, or something hybrid? Does an impact assement have the wieght of a comment or of advice?
- what role does/should/could Corporate Social Responsibility inside ICANN corporate have in any implementation that may respond to a commitment to respect human rights.
I think we can use
Guiding Principles on Business and Human Rights <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.p...> <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>*
to guide the discussion to some extent. It might, for example be worth working through the recommendations (appended below) to see how they may or may not relate to ICANN. Might also be worth mapping the ones that ICANN already does, to the specifics of ICANN practice.
These excerpts are copied from a message I sent to the accountability team. ---
The UN text also contains explanations for each item. But for those who do not have time to read the whole document and Holly's excellent papers on this, this list is a starting place. these guiding principles are based upon fundamental human rights as defined in the UDHR, the ICCPR and the IESCR, i.e. the International Bill of Rights and ILO Pundamental Principles and Rights at Work.
In my view, the operational policy already existing in ICANN and being added by WS1 meet many if not most of the conditions already. The list serves as a guideline of issues to be further studied in WS2 as a means of meeting the commitment we need to include in WS1.
Given an choice I would recommend that the first activity of WS2 would be for appropriate staff to produce a mapping of each of these to the various ICANN principles and operational practices.
---
These Guiding Principles are grounded in recognition of:
(a) States’ existing obligations to respect, protect and fulfil human rights andfundamental freedoms; (b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights; (c) The need for rights and obligations to be matched to appropriate and effective remedies when breached.
(1-10 all pertain to states)
*A. Foundational principles*
11. Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved.
12. The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.
13. The responsibility to respect human rights requires that business enterprises:
(a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.
14. The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts.
15. In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including:
(a) A policy commitment to meet their responsibility to respect human rights; (b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; (c) Processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute.
*B. Operational principles*
16. As the basis for embedding their responsibility to respect human rights, business enterprises should express their commitment to meet this responsibility through a statement of policy that:
(a) Is approved at the most senior level of the business enterprise; (b) Is informed by relevant internal and/or external expertise; (c) Stipulates the enterprise’s human rights expectations of personnel, business partners and other parties directly linked to its operations, products or services; (d) Is publicly available and communicated internally and externally to all personnel, business partners and other relevant parties; (e) Is reflected in operational policies and procedures necessary to embed it throughout the business enterprise.
*Human rights due diligence*
17. In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence:
(a) Should cover adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships; (b) Will vary in complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations; (c) Should be ongoing, recognizing that the human rights risks may change over time as the business enterprise’s operations and operating context evolve.
18. In order to gauge human rights risks, business enterprises should identify and assess any actual or potential adverse human rights impacts with which they may be involved either through their own activities or as a result of their business relationships. This process should:
(a) Draw on internal and/or independent external human rights expertise; (b) Involve meaningful consultation with potentially affected groups and other relevant stakeholders, as appropriate to the size of the business enterprise and the nature and context of the operation.
19. In order to prevent and mitigate adverse human rights impacts, business enterprises should integrate the findings from their impact assessments across relevant internal functions and processes, and take appropriate action.
(a) Effective integration requires that:
(i) Responsibility for addressing such impacts is assigned to the appropriate level and function within the business enterprise; (ii) Internal decision-making, budget allocations and oversight processes enable effective responses to such impacts.
(b) Appropriate action will vary according to:
(i) Whether the business enterprise causes or contributes to an adverse impact, or whether it is involved solely because the impact is directly linked to its operations, products or services by a business relationship; (ii) The extent of its leverage in addressing the adverse impact.
20. In order to verify whether adverse human rights impacts are being addressed, business enterprises should track the effectiveness of their response. Tracking should:
(a) Be based on appropriate qualitative and quantitative indicators; (b) Draw on feedback from both internal and external sources, including affected stakeholders.
21. In order to account for how they address their human rights impacts, business enterprises should be prepared to communicate this externally, particularly when concerns are raised by or on behalf of affected stakeholders. Business enterprises whose operations or operating contexts pose risks of severe human rights impacts should report formally on how they address them. In all instances, communications should:
(a) Be of a form and frequency that reflect an enterprise’s human rights impacts and that are accessible to its intended audiences; (b) Provide information that is sufficient to evaluate the adequacy of an enterprise’s response to the particular human rights impact involved; (c) In turn not pose risks to affected stakeholders, personnel or to legitimate requirements of commercial confidentiality.
*Remediation*
22. Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes.
23. In all contexts, business enterprises should:
(a) Comply with all applicable laws and respect internationally recognized human rights, wherever they operate; (b) Seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements; (c) Treat the risk of causing or contributing to gross human rights abuses as a legal compliance issue wherever they operate.
24. Where it is necessary to prioritize actions to address actual and potential adverse human rights impacts, business enterprises should first seek to prevent and mitigate those that are most severe or where delayed response would make them irremediable.
*III. Access to remedy*
*A. Foundational principle* 25. As part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy.
*B. Operational principles* *State -based grievance mechanisms* 26 & 27 refer to state obligations
*Non-State -based grievance mechanisms*
28. States should consider ways to facilitate access to effective non-State based grievance mechanisms dealing with business-related human rights harms.
29. To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted.
30. Industry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available.
*Effectiveness criteria for non-judicial grievance mechanisms* 31. In order to ensure their effectiveness, non-judicial grievance mechanisms, both State-based and non-State-based, should be:
(a) Legitimate: enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes; (b) Accessible: being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access; (c) Predictable: providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation; (d) Equitable: seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms; (e) Transparent: keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake; (f) Rights-compatible: ensuring that outcomes and remedies accord with internationally recognized human rights; (g) A source of continuous learning: drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms;
Operational-level mechanisms should also be:
(h) Based on engagement and dialogue: consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances.
avri
On 05-Aug-15 10:16, Stephanie Perrin wrote:
AS for the strategy....I think it would be a good idea to discuss it with Avri among others who have been in the thick of it trying to get the language into the bylaws. The CCWG gets quite heated and this is very controversial and close to some government hearts, not to mention industry hearts. I would suggest a somewhat cautious approach, but perhaps I just find the CCWG multiple conversations and calls overwhelming. I would suggest you have a listen to some of them before you wade in Niels. cheers Stephanie PS I will see if I can find and forward the email that has the list of all who have joined the group. On 2015-08-05 8:46, Rafik Dammak wrote:
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers) Rafik
2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org <mailto:niels@article19.org>>: 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 <http://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> <mailto: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-Jul y/ <https://mm.icann.org/pipermail/accountability-cross-community/2015-Jul%0Ay/>
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju ly/
004798.html>
) Best, Niels Mathieu Weill mathieu.weill at afnic.fr <http://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> <mailto: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> <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 <mailto: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
_______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
_______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
Very good points. On 8/5/2015 3:16 PM, Stephanie Perrin wrote:
AS for the strategy....I think it would be a good idea to discuss it with Avri among others who have been in the thick of it trying to get the language into the bylaws. The CCWG gets quite heated and this is very controversial and close to some government hearts, not to mention industry hearts. I would suggest a somewhat cautious approach, but perhaps I just find the CCWG multiple conversations and calls overwhelming. I would suggest you have a listen to some of them before you wade in Niels. cheers Stephanie PS I will see if I can find and forward the email that has the list of all who have joined the group.
On 2015-08-05 8:46, Rafik Dammak wrote:
a subgroup was set to work on that and its mailing list set already. I think participants of CCWG can join it ( the CCWG is open to participants and observers)
Rafik
2015-08-05 21:30 GMT+09:00 Niels ten Oever <niels@article19.org <mailto:niels@article19.org>>:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
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 <http://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> <mailto: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-Jul y/ <https://mm.icann.org/pipermail/accountability-cross-community/2015-Jul%0Ay/> > > 004798.html > <https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju ly/ > > 004798.html> > ) > > Best, > > Niels > > Mathieu Weill mathieu.weill at afnic.fr <http://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> > <mailto: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> > <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 > -----BEGIN PGP SIGNATURE----- Version: GnuPG v2
iQEcBAEBCAAGBQJVwgHyAAoJEAi1oPJjbWjpef8H+gPWHfT1Nhwjmfhm93uHMx8V xsRgoaKo48J1puKAHkqeEl7p9U30nvTKOnybedaspxDYkE3FudKAtzJhIVzST+uz 1Ry71vMWb6HwAHqmveDZ7Fl4vA+0fn6gMReKvVh5sLB0+BxyhUfX5IDnOIPYyBky 2FVR3+Pg9eqKLL8ZdU5qaPoMO/e29zx+SSbHlDiygC9abfGEe/w3E8pNDCHBWN0q C/VmC1ZbDNcu9VW5RQFmzlOPZVSSk0NqIsq7k008zVPlzOuS9wYETXKKqCiysOec ivks8asu29jufnCzF2gmHkk7g9y33zJQ86onMRKr4h4+sjOBx+hVqJYi6ONLXys= =FVTA -----END PGP SIGNATURE----- _______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org <mailto: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
_______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
-- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 (0)771 247 2987
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 -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 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-Jul y/
004798.html
<https://mm.icann.org/pipermail/accountability-cross-community/2015-Ju 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
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJVwgHyAAoJEAi1oPJjbWjpef8H+gPWHfT1Nhwjmfhm93uHMx8V xsRgoaKo48J1puKAHkqeEl7p9U30nvTKOnybedaspxDYkE3FudKAtzJhIVzST+uz 1Ry71vMWb6HwAHqmveDZ7Fl4vA+0fn6gMReKvVh5sLB0+BxyhUfX5IDnOIPYyBky 2FVR3+Pg9eqKLL8ZdU5qaPoMO/e29zx+SSbHlDiygC9abfGEe/w3E8pNDCHBWN0q C/VmC1ZbDNcu9VW5RQFmzlOPZVSSk0NqIsq7k008zVPlzOuS9wYETXKKqCiysOec ivks8asu29jufnCzF2gmHkk7g9y33zJQ86onMRKr4h4+sjOBx+hVqJYi6ONLXys= =FVTA -----END PGP SIGNATURE----- _______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256 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/2015-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
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2 iQEcBAEBCAAGBQJVwg7SAAoJEAi1oPJjbWjpG8wH/06wl6zILloueJI2SRr7Mg84 31OwNLKyVKsvNg/R3SzxUlYihCJVMFhc4s24TtPzZ9MQEWXjH94TZuF7hywxNSc5 tGfta2L66KOy8MAV6ZUj7XUGGSoGxw/NICmYA6tL3McINwY7SXtyLMxO9nAThO1X MtYse4k60gdkbX3jIC9MrUkzaN54NsukJ06E8EldkujfM0SynCwJxGQEJLXTn5ZA J5mbgWWV+XdtyYKeD1nmxIbjLYBwylFVBRuYS6cG7bqMJgTYljhdxStLu8A+PAeM DPWpLqsbcSMabwM1ZEBB9ZGsyZKpjkKnB5xHrtIm0M+dayPhL8+jGJfgeiumVw4= =CAZC -----END PGP SIGNATURE-----
On Aug 5, 2015, at 3:25 PM, Niels ten Oever <niels@article19.org> wrote:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
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.
It needn’t be either/or, you could work out a proposal here and then take it into the subgroup and indicate this is how the hard core HR folks have been thinking about this. From there you’ll get the push back, modifications, etc, but at least the initial framing will be on the table. Whereas if you just start in the subgroup you could get derailed early on by the push back and a clean formulation won’t have been on the table. two cents BD
Hi Niels, I agree with Bill that it is not an either/or, but I definitely believe it is important to be in the subgroup discussing the language from the outset. The list has been created a couple of days ago and so far the subgroup has exchanged general views mostly making the point that the text should not be over-comprehensive. A possible f2f meeting in Dublin is also being discussed. I was told that it is necessary to join the CCWG on accountability mailing list and from there request to join the WG, but others may confirm. Two days ago, the names below were the members of the WG, but I guess there may be more at this point. Leon Sanchez · Mathieu Weill · Thomas Rickert · Avri Doria · Robin Gross · Nigel Roberts · Eberhard Lisse · Matthew Shears · David McAuley · Greg Shatan · Paul Twomey · Jorge Cancio · Seun Ojedeji · Jordan Carter · Stephanie Perrin · David Einhorn · Kavouss Arasteh · Olga Cavalli · Rafik Dammak · Suzanne Radell · Phil Buckingham · Martin Boyle · Marilia Maciel · Markus Kummer · Marilyn Cade · Samantha Eisner Best! Marília On Thu, Aug 6, 2015 at 4:30 AM, William Drake <wjdrake@gmail.com> wrote:
On Aug 5, 2015, at 3:25 PM, Niels ten Oever <niels@article19.org> wrote:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
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.
It needn’t be either/or, you could work out a proposal here and then take it into the subgroup and indicate this is how the hard core HR folks have been thinking about this. From there you’ll get the push back, modifications, etc, but at least the initial framing will be on the table. Whereas if you just start in the subgroup you could get derailed early on by the push back and a clean formulation won’t have been on the table.
two cents
BD
-- *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 PoliTICs Magazine Advisory Committee - http://www.politics.org.br/ Subscribe "Digital Rights: Latin America & the Caribbean" - http://www.digitalrightslac.net/en
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:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA256
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/2015-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
-----BEGIN PGP SIGNATURE----- Version: GnuPG v2
iQEcBAEBCAAGBQJVwg7SAAoJEAi1oPJjbWjpG8wH/06wl6zILloueJI2SRr7Mg84 31OwNLKyVKsvNg/R3SzxUlYihCJVMFhc4s24TtPzZ9MQEWXjH94TZuF7hywxNSc5 tGfta2L66KOy8MAV6ZUj7XUGGSoGxw/NICmYA6tL3McINwY7SXtyLMxO9nAThO1X MtYse4k60gdkbX3jIC9MrUkzaN54NsukJ06E8EldkujfM0SynCwJxGQEJLXTn5ZA J5mbgWWV+XdtyYKeD1nmxIbjLYBwylFVBRuYS6cG7bqMJgTYljhdxStLu8A+PAeM DPWpLqsbcSMabwM1ZEBB9ZGsyZKpjkKnB5xHrtIm0M+dayPhL8+jGJfgeiumVw4= =CAZC -----END PGP SIGNATURE----- _______________________________________________ cc-humanrights mailing list cc-humanrights@icann.org https://mm.icann.org/mailman/listinfo/cc-humanrights
-- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 (0)771 247 2987
-----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-----
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
-----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 >
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
Hi, On this we should be careful not to explicitly exclude the CESCR. That is why I have taken to refering to the IBR (UDHR+CCPR+CESCR) as the basis. But even that may be too much in the weeds becasue while ICANN policies and action might impact some of the many rights in the indivisible IBR, the manner in which this could happen is ssomething that takes a lot more study and elaboration - something I think is the long term exercise for WS2 and this group, among others. And that is why one of the formulation dropped back to refer to enshrined in the UDHR' as it call forward those other instruments as its implementation without getting into the weeds. The other possiblity is a reference to the Guidelines for Business & HR, but that seems to go too far into weeds as well. perhaps a formaulation like '... as enshirned in the UDHR and with reference to the Guidelines for Business & HR.' BTW Holly from Sidley (one of the legal firms advising the CCWG) gave us a pointers to a paper she wrote (attached) explaing the Guidelines to businesses. I also found a paper she particpate in before the Guideline were approved by the UN. Ira M. Millstein, E. Norman Veasey, Harvey Goldschmid, Steven Alan Reiss, Holly J. Gregory Ashley R. Altschuler, of Weil, Gotshal & Manges:Legal commentary on the report [PDF] <http://www.reports-and-materials.org/Weil-Gotshal-legal-commentary-on-Ruggie...>, 22 May 2008 Both of these references should be helpful. In the long run, since some in the WP4 groups seem to want to go through the whole learning curve on this, we may need to spend some time in the weeds. One silver lining, it is the kind of activity that could also energize this group. avri On 07-Aug-15 07:38, Matthew Shears 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: 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
-- 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
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
Dear all I too would note the legal issues around parsing out some rights as more fundamental as others.. So, perhaps a wording as follows, in light of the legal nuances at stake, and with that political issues around phrasing.. "Within its mission and its operations ICANN commits to respecting and upholding fundamental rights and freedoms according international human rights law and norms" This phrase is specific and open enough to permit the full spectrum of human rights law and norms, because these now include more than the UDHR, ICCPR and IESCR. This wider framework of human rights treaties and convenants, which the IRPC Charter of Human Rights and Internet articulates for instance, is politically sensitive so such a phrase acknowledges this. Second, within this wider context for the ICANN setting I think that using the Ruggie Principles as the initial framing for this initiative is important for the business side of the work. That said, ICANN is doing work that affects other aspects of our online lives that a more narrowly defined business articulation within CSR frameworks, or the Ruggie Principles do leave relatively under-articulated. The above phrasing thereby allows for future steps in acknowledging the wider terrain of ICANN work once its CSR responsibilities to human rights online are taken on board. Good luck! All the best MF On 07/08/2015 13:38, Matthew Shears 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 19www.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 19www.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 listcc-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 >>>>>>> Schoolhttp://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 listcc-humanrights@icann.org >>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>>>>> >>>> _______________________________________________ cc-humanrights >>>> mailing listcc-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 -- Marianne Franklin, PhD Professor of Global Media and Politics Convener: Global Media & Transnational Communications Program Goldsmiths (University of London) Department of Media & Communications New Cross, London SE14 6NW Tel: +44 20 7919 7072 <m.i.franklin@gold.ac.uk> @GloComm https://twitter.com/GloComm http://www.gold.ac.uk/media-communications/staff/franklin/ https://www.gold.ac.uk/pg/ma-global-media-transnational-communications/ Chair of the Global Internet Governance Academic Network (GigaNet) Steering Committee/Former Co-Chair Internet Rights & Principles Coalition (UN IGF) www.internetrightsandprinciples.org @netrights
participants (10)
-
Avri Doria -
James Gannon -
Jorge.Cancio＠bakom.admin.ch -
Marianne Franklin -
Marilia Maciel -
Matthew Shears -
Niels ten Oever -
Rafik Dammak -
Stephanie Perrin -
William Drake