It was my thinking that the small team agreed that the impact around human rights would be limited to the ICANN Board approved HRIA and it is my expectation that the PDP working group will work off the attending checklist. If the working group then determines that further resources will be needed, they can then come back to Council with justification for same. Not only is question 3 under the Impact on Human Rights Section ambiguous in interpretation on the word “Legitimate” question 2 states “2) is the proposed action proportionate, -Proportionate to what Please? The action taken by the Registrar, the damage caused to the business and brand, or other third party providers down the chain. I would appeal we do not seek to over engineer issues at this point and lean towards deleting all three questions and language contrasting the ICANN Board approved HRIA checklist as previously agreed on one of our calls. All groups have all been encouraged to ensure participants from their constituencies are subject matter experts and the working group membership is now considered balanced, hence i do not see a need to engage external human rights experts. At any rate where the leadership and members of the PDP feel there is a strong need for such expertise, mechanisms exist within the Council to accommodate such issues. Lawrence. ----- [Image] [Image] Lawrence Olawale-Roberts Global President & Managing Director Mobile: +234 8070892705, (0)8056 3333 97 Lawrence@microboss.org<mailto:Lawrence@microboss.org> [Image] [Image] …collaboration to enhance communication. 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Kindly note that whilst we scan all e-mails for viruses, we cannot guarantee that any e-mail is virus-free. | Do consider the environment before printing this email. ________________________________ From: farzaneh badii via council <council@icann.org> Sent: Friday, January 9, 2026 11:33:46 PM To: Anne ICANN <anneicanngnso@gmail.com> Cc: council@icann.org <council@icann.org> Subject: [council] Re: Friendly Amendment: Motion - DNS Abuse PDP1 Charter Dear Anne, Thank you for the note. I need to clarify a few points to ensure the record accurately reflects NCSG’s position 1. NCSG has never stated that the very goal of this PDP poses a threat to Article 19. That characterization is incorrect. We have documented many many times our concerns with ADC which I invite you to have a look at. 2. The decision on whether to engage an external human rights expert should rest with the PDP Working Group, in consultation with the Council, if the WG deems this necessary. I do not support the Council pre-judging that decision at the chartering stage. Just like in EPDP on data registration when we needed external courses or experts we asked the council. 3. The description of “legitimacy” is not “Farzi’s definition.” It reflects standard human rights analysis used by practitioners and experts, including in human rights impact assessments. Determining how to apply HRIA tools including legitimacy analysis is squarely within the remit of the PDP Working Group. It is not within the Council’s mandate to prescribe or redefine what “legitimacy” means in human rights terms. 4. The human rights section included in PDP charters is a standard, Council adopted boilerplate. It was adopted following discussions with human rights experts. Any interpretation, expansion, or modification of those questions should occur through community processes, not unilateral Council reinterpretation. The section on human rights checklist is only there to provide guidance for the PDP. It will not lead to expansion of PDP, it will not circumvent community decisions. Best regards Farzaneh On Fri, Jan 9, 2026 at 4:46 PM Anne ICANN via council <council@icann.org<mailto:council@icann.org>> wrote: Thanks Jen. I look forward to the discussion on this Charter in relation to informing the Council members as to: (1) PDP WG Option to hire an outside expert firm to conduct a formal Human Rights Impact Assessment. (I agree with Farzi that this was a much simpler question in relation to the Latin Diacritics PDP. I understand from our December meeting the NCSG position that the very goal of this DNS Abuse EPDP poses a threat to Article 19 free speech rights.) (2) Farzi's explanation of the elements contained in the charge to the Working Group to answer Question 3 in the Human Rights paragraph, i.e. whether the proposed action is "legitimate" which she detailed as follows: "if the law and policies 1) were enacted through consent and participation 2) don't go against fundamental rights themselves - 3) there is fairness in enforcement." As you know, we did not reach consensus in the drafting team as to the meaning of "legitimate" with respect to Question (3). I also note (as raised in our small team work) that the Board adopted the Accountability Workstream 2 Final Report setting out the ICANN Human Rights - Framework of Interpretation (HR-FOI within ICANN. This is mentioned and linked here for information since all Councilors may not be aware of this governing document: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Fri, Jan 9, 2026 at 8:51 AM jen--- via council <council@icann.org<mailto:council@icann.org>> wrote: Dear All, Please note that the Charter linked to the Motion is now in final form. Many thanks to the Charter drafting small team for their work and constructive efforts to get us here. Key changes from the previous version include: Charter: https://gnso.icann.org/sites/default/files/policy/2025/draft/charter-dns-abu... * A rewording of q5 to focus on remedies and avoid duplication of language * A swap in some of the text in the description of Members and Participants criteria for logic flow The friendly amendment to the Motion includes the updated link to this Charter in clause 6, and additional word (“Alternates”) to resolved clause 2 which will now read: 2. The GNSO Council requests that the GNSO Secretariat publish the Call for Volunteers for Members, Participants, Alternates, Observers, and relevant liaisons per the membership structure within the PDP WG charter. Best, Jen From: jen@dot.asia<mailto:jen@dot.asia> <jen@dot.asia<mailto:jen@dot.asia>> Sent: Tuesday, December 23, 2025 7:35 PM To: 'council@icann.org<mailto:council@icann.org>' <council@icann.org<mailto:council@icann.org>> Subject: Motion – DNS Abuse PDP1 Charter Dear All, Please find attached the Motion for the DNS Abuse PDP1 Charter. Please note that the Charter Drafting small team is currently resolving editorial comments on the charter, and the current linked charter represents the clean version received by the 23:59 UTC deadline today. When this gets resolved, this will be updated in the link in the motion as well. Wishing all a restful holiday season. 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